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MARINER HEALTHCARE, INC. v. FOSTER

Nos. A06A0775, A06A0776.

634 S.E.2d 162 (2006)

MARINER HEALTHCARE, INC. et al. v. FOSTER. Foster v. Mariner Healthcare, Inc. et al.

Court of Appeals of Georgia.

July 11, 2006.

Attorney(s) appearing for the Case

Jennifer B. Dempsey, Christopher P. Galanek, Powell & Goldstein LLP, Atlanta, for Appellants.

Joshua E. Kight, Kight, Baggett & Kight, P.C., Dublin, Paul Caiola, Brian Tucker, Gallagher Evelius & Jones LLP, Baltimore, MD, for Appellee.

RUFFIN, Chief Judge.

Brian Center Nursing Care/Austell, Inc., a subsidiary of Mariner Healthcare, Inc., (collectively, "Mariner") leased five nursing homes (the "Facilities") from William Foster. After the written leases had expired, Mariner remained in possession of the Facilities, and Mariner and Foster attempted to negotiate a new written lease. No new lease was agreed upon, and Foster eventually leased the Facilities to another company. Mariner did not vacate...

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