Turner Broadcasting System, 627 F. Supp. See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. [C]onstruing the evidence in favor of [Blake], there was evidence that the contingency fee [he] agreed to pay was a valid indicator of the value of [his] attorney's services.17. See id. At trial, Brock Built's independent accountant, Elizabeth Salvati, testified that the company's net income for the relevant year2005was $944,220, as set forth in the company's 2005 financial statement. If the two sides do not agree, a lawsuit is filed. The meeting went wonderful and I immediately felt that Brock Built and West Highlands at Habersham was where I wanted my dream to come true! 2019-01-18. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. at 758(5), 556 S.E.2d 517; Constr. The employment contract between Brock Built and Blake entitled Blake to severance compensation if Brock Built terminated the employment relationship, unless it was terminated for cause. We affirm the imposition of attorney fees and costs against Brock Built, but we reverse and remand the case to the trial court for determination of the proper amount of the award. Copyright 2023, Thomson Reuters. Zillow (Canada), Inc. holds real estate brokerage licenses in multiple provinces. 442-H New York Standard Operating Procedures New York Fair Housing NoticeTREC: Information about brokerage services, Consumer protection noticeCalifornia DRE #1522444Contact Zillow, Inc. *427 Ashe, Rafuse & Hill, Joshua D. Jewkes, Atlanta, for appellant. Headquarters. We find no basis for reversal. We agree with the trial court that Brock Built has not alleged conduct that rises to the level of fraud, bad faith or an abuse of discretion sufficient to establish a claim for breach of fiduciary duty. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. From the variety of our award-winning floor plans to our energy efficient features, you will find our Craftsman, Traditional, Modern, and Custom-built new homes are designed with your lifestyle in mind. building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1917 bay line lane. The trial court did not find that Terranova Properties was not in fact a third-party, but instead concluded that Blake's role in his own corporation did not constitute employment with a third party as required by the contract in order to find that Blake forfeited half of his severance. Even if we were to assume that Blake's allegedly selfish motives could render Brock Built's financial success in 2005 a breach of his duty to the company, Brock Built failed to submit any specific evidence in support of its claims. 743, 745(2), 490 S.E.2d 463 (1997) (despite the employee being at-will, a separate duty arose from the contractual term agreeing to treat her as "some sort of partner"). at 181(2)(b)(ii), 643 S.E.2d 560 (2007) ("Georgia's business judgment rule relieves officers and directors from liability for ordinary negligence in discharging their duties. At a cleared, 25-acre site where Haynes Bridge Road meets Morrison Parkway, Brock Built Homes is planning a mixed-use hub called Morrison Park. adams crossing i-1 model, 2873 barnett ct building 5 lot 15 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 13 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 14 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, West highland townhomes -bldg 5-lot 681-construct new 2 story townhome. Since 1984, Brock Built has been a premier local Atlanta, GA home builder, dedicated to consistently earning our reputation as the top builder of new homes in Atlanta, GA. Our commitment to quality craftsmanship and customer service is visible in every detail of our new semi-custom homes. Sep 18, 2015 11:49 am EDT. at 820821(2)..FN4. Thank you again to the entire Brock Built family!, I could not have asked for a better experience working with Brock Built. It is undisputed that Blake never signed and expressly rejected Brock's proposed severance agreement in writing shortly after the second meeting. I am very happy with my choice of a Brock Built home in West Highlands. The trial court erred in denying Brock Built's motion for summary judgment on this claim. In addition, the plaintiff must have "an independent injury over and above the mere disappointment of plaintiff's hope to receive the contracted-for benefit." 579, 584(2) (602 S.E.2d 297) (2004)..FN16. "But two years later, nothing has happened. 619, 620(1) (627 S.E.2d 207) (2006)..FN22. See also Millsap v. American Family Corp., 208 Ga.App. 2022. While building hundreds of new homes, Brock Built always made us feel like our home was the most important one they were working on. From the variety of our award-winning floor plans to our energy efficient features, you will . On 3/29/22 we are experiencing another plumbing leak in our 2nd story plumbing that is leaking down to the 1st story roof. at 585(2). 619, 620(1) (627 S.E.2d 207) (2006). 579, 584(2) (602 S.E.2d 297) (2004). Finally, Blake argues that the trial court erred by overruling his objection to the admission of evidence from Salvati because Brock Built asserted the accountant-client privilege during discovery. Lender, 228 Ga.App. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. New Ten29 West Townhomes built in Atlantas newest renaissance, the rapidly developing westside. 4 units in building with attached garage porch & patio (ld-201300025) west highlands phase 2 section 2, West hightland townhomes-bldg 5-lot 680-construct new 2 story townhome. Hopeful homebuyers signed contracts expecting to have a home built within the next year. In this employment dispute, appellee Henry Blake, the former president of appellant Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance and incentive compensation due under the terms of the contract. In addition, the party seeking fees must also introduce evidence of hours, rates, or some other indication of the value of the professional services actually rendered.16, At trial, Blake's attorney testified that he charged Blake a 40 percent contingency fee, and he submitted his bills. The parties filed a consolidated pre-trial order on March 29, 2010, and Brock Built listed Salvati as a may call witness in the order. (a)Brock Built argues that Blake was not entitled to attorney fees and costs under the parties' agreement because he was not substantially successful in this litigation, pointing out that Brock Built obtained summary judgment on Blake's claim for breach of good faith and fair dealing. Brock Built Homes is proposing a 22-home subdivision on 14 acres at Friendship Church Road in west Cobb, down the road from Lovinggood Middle School and Hillgrove High School. West Town by Brock Built Atlanta, GA 30318 Available soon Contact the agent to learn about upcoming homes within this community. construction will be concrete slab on grade w wood stud walls & wood framed roofs. 4. 191, 197(IV)(A) (11th Cir.2007). A09A2373, decided Mar. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). The trial court implicitly overruled the objection, explaining to Blake's attorney that there's a way that you can bring that to the [c]ourt's attention. (Punctuation omitted.) See id. Pursuant to the terms of the Contract, Brock Built agreed to employ Blake as president through September 2007 at a designated annual base salary, after which time the contract would automatically renew for one-year terms. According to Brock Built, the trial court disregarded critical evidence and applied the incorrect legal standard in concluding that Brock Built's allegations were insufficient as a matter of law. at 72-74, 110 S.E.2d 128. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. After Salvati responded to questions regarding Brock Built's financial statement for 2005, defense counsel began to question her about the company's 2005 tax return. The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. _ (Case No. The trial court also reduced Blake's incentive compensation by $10,000 based on an advance on profit sharing paid to him by Brock Built; the reduction is not at issue on appeal. It is a family owned and operated business with family members in management roles. The lawsuit came in response to consumer complaints that the software did not work and that the company charged for technical support it had advertised as being free. at 890(3). He further testified that the customary fee in this area in cases such as this one is usually 40 percent. FN16. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 Ga.App. 730, 732(1)(a), 521 S.E.2d 358 (1999). at 820821(2). LEXIS at *9(II). As Blake concedes on appeal, however, the trial court's award calculation was erroneous. The business judgment rule affords an officer the presumption that he or she acted in good faith, and absolves the officer of personal liability unless it is established that he or she engaged in fraud, bad faith or an abuse of discretion: (Citations and punctuation omitted.) At no time during *429 the meeting did Blake indicate that their employment relationship was being severed due to any voluntary conduct on his part. I hear this is very rare. Their license was verified as active when we last checked. 22, 2012)..FN15. Negotiations are continuing on attorney fees . Both the consolidated financial report and Brock Built's 2005 tax returns were prepared by the same outside certified public accountant. FN20. In connection with Blake's promotion to president, he negotiated with Brock Built a contract of employment (the "Contract"). Although we agree with Blake that, under certain circumstances, factual allegations of misconduct such as those involved in this matter can give rise to a cause of action in tort, this is not one of those cases. First AG lawsuit of its kind in US. The HOAs then work with the builder to fix work allegedly completed improperly. See also Hofrichter/Stiakakis, 291 Ga.App. construction will be concrete slab on grade w wood stud walls & wood framed roofs. Learn why life is better when its Brock Built. Then, many received a notice at the beginning of June that they would need to sign a new contract paying thousands more, with a 7% escalation clause. (punctuation and footnote omitted); Patterson v. Bates, 295 Ga.App. + Caption. Blake's counsel requested 40 percent of the total damages awarded, explaining that because the trial court granted Brock Built summary judgment on Blake's tort claim for breach of the duty of good faith and fair dealing, he could recover only those costs incurred in pursuing his breach of contract claims. See Matter of Munford, Inc., 98 F.3d at 610-611(B); Cottle, 849 F.2d at 574-579(II)(A)-(D); Medserv Corp., 1997 U.S. Dist. 1, 5(3) (673 S.E.2d 858) (2009). 300 Ga.App. Thus, given the clear language of the contract that the parties would use the accountant's calculation to determine profit margin for the purpose of calculating Blake's share of profit (bonus), the parties are bound by that plain language. This argument misconstrues the trial court's ruling. The . Working with Brock Built was great. Vlad Zamfir, an ethereum developer who is working on an alternative blockchain called casper, is suing CasperLabs, a blockchain research and development company with ties to former U.S . Since 1984, Brock Built has been a premier builder of Atlanta new homes. to update company info and see who's viewing your profile. Cf. See Medserv Corp., 1997 U.S. Dist. Blake's attorney objected, explaining that during Salvati's April 2007 deposition, Brock Built's counsel instructed her not to offer any testimony regarding the tax return. Compare TSG Water Resources, 260 Fed.Appx. building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), Construction of a new single three story family residence garage porch upper and lower, Construction of new single family residence with finished basement and attic on existing foundation, (lc) erect new single family residence with 438 sqft roof deck. 141, 143-144, 671 S.E.2d 195 (2008). McReynolds v. Krebs, 307 Ga.App. Honest service and great value are among our top priorities. But, even assuming that Brock Built's consolidated financial report and the 2005 tax return constitute inconsistent statements, we are not authorized on summary judgment to construe them against Brock Built in light of the sworn declaration from the nonparty accountant who prepared both documents. A recent class action settlement brought successful closure to a problem with drastic effects on the lives of thousands of Indiana families represented by Plews Shadley Racher & Braun. LEXIS 18246 at *5-6, 10 (granting summary judgment to corporate officer despite evidence of "a laundry list of alleged failings and shortcomings in the [officer's] performance of his duties"); Flexible Products Co., 284 Ga.App. We agree and reverse. It follows that the duty allegedly breached by Brock Built and the damages arising therefrom arose solely from Brock Built's alleged breach of contract and are encompassed within that claim. westbrook ii-b lot 91, Construction of new single family residence with accessory dwelling to include living space of 630 sqft 90 day extension - per gpace - on 10/25/2018 **revisions finish previously unheated attic, 287 castleberry hill walk_unit 16-construction of new 3 story town-home building attached garage non-occupiable roof terrace used for a roof garden and for mechanical equipment ***** ld-20170008 ld 201700083 - castleberry station ca3-16-507 new town-home communities 52 units ca3-17-087 consolidation ca3-17-085 variances, Construct new 3 story single family residence with attached garage & paved driveway ld-201600064, New townhome- 2107 marietta rd a/k/a 1858 brooks dr nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1854 brooks dr nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1850 brooks dr nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1846 brooks dr nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1842 brooks dr. nw building #5 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1913 bay line lane nw building #2 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1911 bay line lane nw building #2 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1909 bay line lane nw. & quot ; But two years later, nothing has happened with Brock Built expressly rejected Brock 's severance! 72-74, 110 S.E.2d 128. at 409-410 ( 2 ), 491 S.E.2d 853 ;,! 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