CS-LAKEVIEW v. RETAIL DEV'T PARTNERS

No. A04A0696.

602 S.E.2d 140 (2004)

268 Ga. App. 480

CS-LAKEVIEW AT GWINNETT, INC. v. RETAIL DEVELOPMENT PARTNERS et al.

Court of Appeals of Georgia.

Reconsideration Denied July 14, 2004.

Certiorari Denied November 22, 2004.


Attorney(s) appearing for the Case

Alexius Conroy, CS-Lakeview at Gwinnett, Inc., Fairfield, CT, William Mayfield, Constance Rodts, Mayfield Commander & Pound LLC, Atlanta, for Appellant.

Donald Loft, Morris, Manning & Martin, John Manning, Manning & Associates, Atlanta, Thomas Tate, Andersen, Tate, Mahaffey & McGarity, P.C., Lawrenceville, for Appellees.


ADAMS, Judge.

In this ongoing litigation involving a right of first refusal to purchase certain property, the trial court granted a defendant's emergency motion to cancel notice of lis pendens on the property. The plaintiff now appeals. The appeal raises questions regarding the preclusive effect of a prior federal court judgment arising out of the same facts and transactions.

On November 2, 1995, CS-Lakeview At Gwinnett, Inc. ("CS-Lakeview") entered into an...

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