Legal Opinion

Kilroy v. ALPHARETTA FITNESS, INC.

Court of Appeals of Georgia

Decided December 1, 2008No. A08A0793PublishedCited by 10 opinions

1Opinion of the Court

Phipps, Judge.

This action arose in connection with the purchase of assets of an exercise facility. After the transaction closed and the corporate purchaser began operating the facility, revenue failed to meet the projections previously calculated by the purchaser’s shareholder. The corporate purchaser, its shareholder, and his wife sued the corporate seller and its shareholders. The trial court granted partial summary judgment to the defendants on the claims of fraud and fraudulent transfer. For reasons that follow, we reverse as to both claims.

To prevail at summary judgment under OCGA §…

2Cases cited7 opinions

  1. Crawford v. WilliamsSupreme Court of Georgia · 1989
  2. Dyer v. HoneaCourt of Appeals of Georgia · 2001
  3. Johnson v. GAPVT Motors, Inc.Court of Appeals of Georgia · 2008
  4. Almond v. McCranieCourt of Appeals of Georgia · 2007
  5. GLW International Corp. v. YaoCourt of Appeals of Georgia · 2000

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3Cited by10 opinions

  1. HEWITT ASSOCIATES, LLC v. Rollins, Inc.Court of Appeals of Georgia · 2011
  2. Baja Props., LLC v. MatteraCourt of Appeals of Georgia · 2018
  3. Brown ex rel. Brown v. Fort Benning Family Communities LLCDistrict Court, M.D. Georgia · 2015
  4. GREENE v. QUICKEN LOANSDistrict Court, M.D. Georgia · 2021
  5. GSR Markets Limited v. Valkyrie Group, LLCDistrict Court, N.D. Georgia · 2022

5 more not listed; retrieve them via the Exa API.

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