Legal Opinion
JR Real Estate Development, LLC v. Cheeley Investment, L.P.
Court of Appeals of Georgia
Decided March 16, 2011No. A10A2349PublishedCited by 8 opinions
1Opinion of the Court
Smith, Presiding Judge.
JR Real Estate Development, LLC (“JR Real Estate”), the buyer, appeals from the trial court’s grant of summary judgment to Cheeley Investment, L.P, Genevieve Breedlove, and SMC Properties, L.P (“Cheeley”), the seller, on its claim to $900,000 in earnest money as liquidated damages. Because genuine issues of material fact remain, we reverse.
1. JR Real Estate contends that the trial court erred in granting summary judgment to Cheeley because “the liquidated damages fail to pass the tripartite inquiry required under Georgia law.”
Determining whether a liquidated damages…
2Cases cited9 opinions
- Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- Physician Specialists in Anesthesia, P.C. v. MacNeillCourt of Appeals of Georgia · 2000
- Adams v. D & D Leasing Co. of Georgia, Inc.Court of Appeals of Georgia · 1989
- Lance v. ElliottCourt of Appeals of Georgia · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gwinnett Clinic, Ltd. v. BoatenCourt of Appeals of Georgia · 2017
- West Asset Management, Inc. v. Nw Parkway, LLCCourt of Appeals of Georgia · 2016
- City of Brookhaven v. Multiplex, LLCCourt of Appeals of Georgia · 2023
- Cox v. HardrickCourt of Appeals of Georgia · 2011
- Grayhawk Homes, Inc. v. Bill AddisonCourt of Appeals of Georgia · 2020
3 more not listed; retrieve them via the Exa API.