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PINNACLE BENNING v. CLARK REALTY CAPITAL

No. A11A2408.

724 S.E.2d 894 (2012)

314 Ga. App. 609

PINNACLE BENNING, LLC et al. v. CLARK REALTY CAPITAL, LLC et al.

Court of Appeals of Georgia.

March 6, 2012.

Attorney(s) appearing for the Case

Page, Scrantom, Sprouse, Tucker & Ford, Marcus B. Calhoun, Jr. , William L. Tucker , Thomas Frederick Gristina , April Halstead Hocutt , Columbus, Greenberg Traurig , Joe D. Whitley , Stephanie L. Oginsky , Michael James King , Atlanta, for appellants.

Buchanan & Land, Jerry Alan Buchanan , Columbus, Lori Marie Leonardo , for appellees.

DILLARD, Judge.

Pinnacle Benning, LLC ("Pinnacle") and Clark Pinnacle Benning LLC ("CPB"), by and through Pinnacle, appeal the trial court's dismissal of a complaint against Clark Realty Capital, LLC ("Clark Realty"), and Clark Benning, LLC ("Clark Benning") (referred to collectively as "Clark"). Pinnacle contends that the trial court erred by (1) dismissing a count for declaratory judgment, (2) dismissing a count for a derivative action for failure to make a formal...

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