Legal Opinion

Fundus America (Atlanta) Ltd. Partnership v. RHOC Consolidation, LLC

Court of Appeals of Georgia

Decided October 26, 2011No. A11A1496PublishedCited by 6 opinions

1Opinion of the Court

Mikell, Judge.

Commercial landlord, Fundus America (Atlanta) Limited Partnership (“Fundus”), sued tenants, RHOC Consolidation LLC (“RHOC”) and its parent company Marriott International, Inc. (“Marriott”) (collectively “appellees”), for a writ of possession, breach of contract, and attorney fees, arising from the assignment of a lease for a hotel in downtown Atlanta. Appellees filed counterclaims for a declaratory judgment that appellees were not in violation of the lease, breach of lease, negligent misrepresentation and attorney fees. Both parties moved for summary judgment after discovery.…

2Cases cited15 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Board of Regents of University System of Georgia v. TysonSupreme Court of Georgia · 1991
  3. K'S Merchandise Mart, Inc. v. Northgate Ltd. PartnershipAppellate Court of Illinois · 2005
  4. Sovereign Camp Woodmen of World v. HeflinSupreme Court of Georgia · 1939
  5. Locke's Graphic & Vinyl Signs, Inc. v. Citicorp Vendor Finance, Inc.Court of Appeals of Georgia · 2007

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3Cited by6 opinions

  1. Urban Sites of Chicago, LLC v. Crown Castle USAAppellate Court of Illinois · 2012
  2. Capital City Developers, LLC v. Bank of North GeorgiaCourt of Appeals of Georgia · 2012
  3. Pinnacle Properties V, LLC v. Mainline Supply of Atlanta, LLCCourt of Appeals of Georgia · 2012
  4. One Buckhead Loop Condominium Association, Inc. v. Regent Tower Holdings, LLCCourt of Appeals of Georgia · 2017
  5. Capital City Developers, LLC v. Bank of North GaCourt of Appeals of Georgia · 2012

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