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FUNDUS AMERICA (ATLANTA) LTD. v. RHOC

No. A11A1496.

720 S.E.2d 176 (2011)

313 Ga. App. 118

FUNDUS AMERICA (ATLANTA) LIMITED PARTNERSHIP v. RHOC CONSOLIDATION, LLC et al.

Court of Appeals of Georgia.

Reconsideration Denied December 1, 2011.

Attorney(s) appearing for the Case

Alston & Bird, John C. Weitnauer , William Clay Massey , Candace Noelle Smith , Meaghan Goodwin Boyd , RobbinsFreed , Richard L. Robbins , Alexa R. Ross , Jason Alloy , Atlanta, for appellant.

Bondurant, Mixson & Elmore, Michael Brian Terry , Timothy Scot Rigsbee , Ronan Patrick Doherty , Atlanta, for appellees.

MIKELL, Judge.

Commercial landlord, Fundus America (Atlanta) Limited Partnership ("Fundus"), sued tenants, RHOC Consolidation LLC ("RHOC") and its parent company Marriott International, Inc. ("Marriott") (collectively "appellees"), for a writ of possession, breach of contract, and attorney fees, arising from the assignment of a lease for a hotel in downtown Atlanta. Appellees filed counterclaims for a declaratory judgment that appellees were not in violation of the...

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