Legal Opinion

Mize v. McGarity

Court of Appeals of Georgia

Decided September 26, 2008No. A08A1038PublishedCited by 7 opinions

1Opinion of the Court

RUFFIN, Presiding Judge.

Margaret McGarity, Phyllis M. Vann, and Elaine Adams (the “petitioners”) filed an action for declaratory judgment, injunctive relief, and trespass, alleging that Van Mize and Edna Mize were improperly interfering with the petitioners’ rights to easements located on the Mizes’ property. Following a bench trial, the trial court found in favor of the petitioners, concluding that they had easements for maintenance, ingress, and egress across two driveways and for the use of stairs located on the Mizes’ property. The court also enjoined the Mizes from further trespass and…

2Cases cited14 opinions

  1. Sam's Wholesale Club v. RileyCourt of Appeals of Georgia · 1999
  2. Miller v. SlaterSupreme Court of Georgia · 1936
  3. City of Atlanta v. Hofrichter/StiakakisCourt of Appeals of Georgia · 2008
  4. Henson v. Columbus Bank & Trust Co.Court of Appeals of Georgia · 1977
  5. KDS Properties, Inc. v. SimsCourt of Appeals of Georgia · 1998

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3Cited by7 opinions

  1. Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLCCourt of Appeals of Georgia · 2018
  2. In re Flyboy Aviation Properties, LLCUnited States Bankruptcy Court, N.D. Georgia · 2013
  3. Boston Creek Holdings v. Amicalola Electrical Membership CorpCourt of Appeals of Georgia · 2013
  4. Boston Creek Holdings, LLLP v. Amicalola Electrical Membership Corp.Court of Appeals of Georgia · 2013
  5. Flyboy Aviation Properties, LLC v. Franck (In re Flyboy Aviation Properties, LLC)United States Bankruptcy Court, N.D. Georgia · 2013

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

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