Legal Opinion
Pinnacle Benning, LLC v. Clark Realty Capital, LLC
Court of Appeals of Georgia
Decided March 6, 2012No. A11A2408PublishedCited by 27 opinions
1Opinion of the Court
Dillard, Judge.
Pinnacle Benning, LLC (“Pinnacle”) and Clark Pinnacle Ben-ning LLC (“CPB”), by and through Pinnacle, appeal the trial court’s dismissal of a complaint against Clark Realty Capital, LLC (“Clark Realty”), and Clark Benning, LLC (“Clark Benning”) (referred to collectively as “Clark”). Pinnacle contends that the trial court erred by (1) dismissing a count for declaratory judgment, (2) dismissing a count for a derivative action for failure to make a formal demand to file suit, and (3) dismissing the complaint without allowing Pinnacle to amend same. For the reasons set forth infra,…
2Cases cited36 opinions
- Phoenix Airline Services, Inc. v. Metro Airlines, Inc.Supreme Court of Georgia · 1990
- Southwest Health and Wellness, LLC v. WorkCourt of Appeals of Georgia · 2006
- Tidikis v. Network for Medical Communications & Research, LLCCourt of Appeals of Georgia · 2005
- Atlanta Casualty Co. v. FountainSupreme Court of Georgia · 1992
- Cox Enterprises, Inc. v. NixSupreme Court of Georgia · 2000
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3Cited by27 opinions
- Bobick v. Community & Southern BankCourt of Appeals of Georgia · 2013
- SAWS AT SEVEN HILLS, LLC v. FORESTAR REALTY, INC.Court of Appeals of Georgia · 2017
- STRONG Et Al. v. JWM HOLDINGS, LLC; And Vice VersaCourt of Appeals of Georgia · 2017
- McRae, Stegall, Peek, Harman, Smith & Manning, LLP v. Georgia Farm Bureau Mutual InsuranceCourt of Appeals of Georgia · 2012
- Gapiii, Inc. v. Seal Industries, Inc.Court of Appeals of Georgia · 2016
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