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JR REAL ESTATE DEV. v. CHEELEY INV., L.P.

No. A10A2349.

709 S.E.2d 577 (2011)

JR REAL ESTATE DEVELOPMENT, LLC v. CHEELEY INVESTMENT, L.P., et al.

Court of Appeals of Georgia.

Reconsideration Denied April 12, 2011.

Attorney(s) appearing for the Case

Davis, Matthews & Quigley, Matthew Robert Thiry , Atlanta, for appellant.

Chilivis, Cochran, Larkins & Bever, John K. Larkins Jr. , Koehler & Riddick, John Philip Cheeley , Atlanta, Christine Anne Koehler, for appellees.

SMITH, Presiding Judge.

JR Real Estate Development, LLC ("JR Real Estate"), the buyer, appeals from the trial court's grant of summary judgment to Cheeley Investment, L.P., Genevieve Breedlove, and SMC Properties, L.P. ("Cheeley"), the seller, on its claim to $900,000 in earnest money as liquidated damages. Because genuine issues of material fact remain, we reverse.

1. JR Real Estate contends that the trial court erred in granting summary judgment to Cheeley...

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