Humble v. Opendoor Prop. J, LLC, 373 Ga. App. 210, 908 S.E.2d 57 (2024).
Oct 18, 2024OUTCOME: successful reversal of summary judgment
Successful reversal of summary judgment, sending case to trial.
Julie Ann Liberman's Legal Cases (8)
Atlanta, GA
Appeals Lawyer at Atlanta, GA
Practice Areas: Appeals, Residential, Lawsuits & Disputes
Gyllstrom v. Blue Stone Condo. Ass'n, Inc., 371 Ga. App. 817, 903 S.E.2d 282 (2024)
Jun 12, 2024OUTCOME: successful reversal of dismissal
A condominium Board issued ad hoc rules against an owner, barring a family member from the premises without an escort. The unit owner sued to invalidate the rule. The trial court dismissed the case for ... the unit owner’s failure to follow the condominium’s governing documents concerning pre-suit dispute resolution procedures. The dismissal meant that the owners would have to abide by the rule, so the owners hired Ms. Liberman to assist with briefing an appeal to the Georgia Court of Appeals. On appeal, Julie and co-counsel successfully achieved a reversal of the decision. The Court of Appeals agreed with our argument that the condominium Board waived the requirement in bylaws that residents request and attend a hearing before filing lawsuit. Thus, the case was allowed to return to the trial court for further proceedings, including a decision on the fairness of the rule at issue.
Simms v. Stewart, 369 Ga. App. 373, 893 S.E.2d 780 (2023)
Oct 11, 2023OUTCOME: reversal on appeal (new trial granted)
Gift Law Case Appellate Win - New Trial for Grantee
Houston v. James, 358 Ga. App. 510, 855 S.E.2d 714 (2021)
Feb 23, 2021OUTCOME: successful reversal on appeal of adverse summary judgment
2021 Adverse Possession Case Won on Appeal - Reversed Grant of Summary Judgment This matter involved a challenge to a grant of summary judgment on a claim of title by adverse possession. Ms. Liberma ... n successfully obtained a reversal of summary judgment. The court’s opinion clarifies that to prevail on adverse possession, the claimant must enter upon the land claiming in good faith the right to do so and cannot have reason to believe another has valid title; to enter upon the land without any honest claim of right to do so is but a trespass.
City Heights Condo. Ass'n, Inc. v. Bombara, No. A16A0464, 2016 Ga. App. LEXIS 392 (Ct. App. June 30, 2016)
Jun 30, 2016OUTCOME: Judgment affirmed (Julie successfully defended condo owner's refusal to pay condo association's litigation defense costs)
Condominium association was unable to charge its litigation defense costs as a "common expense" under the Georgia Condominium Act and the condo's governing documents.
Mario v. Clary Lakes Homeowners Association, Inc., 331 Ga.App. 204 (2015)
Mar 16, 2015OUTCOME: Judgment reversed in part and remanded to the trial court for a determination of the amount of attorney fees and expenses to be awarded to the homeowners.
In this second appeal of a dispute between homeowners and their HOA, the homeowners, who had previously prevailed by defending the litigation were deemed the "prevailing party" under the terms of the c ... ontract and entitled to an award of attorney fees and litigation expenses.
Marino v. Clary Lakes Homeowners Association, Inc., 322 Ga. App. 839 (2013)
Jul 12, 2013OUTCOME: Judgment for the Association was reversed in part and remanded. (Julie successfully defended homeowners' right to use property as permitted by original land use covenants).
Julie represented homeowners in a dispute with their homeowners association concerning a restrictive covenant that sought to prevent the homeowners from using their garage for storage. Julie argued on ... behalf of the homeowners that because the association did not achieve 2/3 of the vote of the community when adopting the restriction, it could not enforce the restriction against the particular homeowners who did not vote in favor of it or otherwise consent to the restriction in writing. At the Georgia Court of Appeals, Julie obtained a reversal of a grant of summary judgment to the association, a victory for the homeowners. The Georgia Supreme Court declined to hear a further appeal.
Ellington v. Gallery Condominium Association, Inc., 313 Ga. App. 424 (2011)
Dec 21, 2011OUTCOME: Judgment affirmed. (Julie successfully defended condominium association's right to charge owners for utilities as part of the assessment).
Julie represented a condominium association in a suit to recover unpaid condominium assessments, including utility charges. After the trial court granted summary judgment to the condominium associatio ... n, the owner appealed, and argued that the utility charges were not properly a part of the condominium assessments. Julie attained an affirmance of the trial court’s order on behalf of the association, establishing precedent that utilities are part of a condominium’s assessments.
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