Co. v. Johns, 874 F.2d 1447, 1461(III)(B)(2) (11th Cir.1989); Cottle v. Storer Communication, 849 F.2d 570, 574(II) (11th Cir.1988); In the Matter of Tom's Foods, Inc., 2005 WL 3022022, *2, 2005 Bankr.LEXIS 2062, *6 (M.D.Ga.2005). The contract specified that Brock Built was required to pay Blake twelve months salary upon termination, unless Blake becomes employed with a third party within six months of his termination from the Company, in which case Brock Built was required to pay Blake six months salary. November 6, 2009. 749 (627 S.E.2d 454) (2006). The parties filed a consolidated pre-trial order on March 29, 2010, and Brock Built listed Salvati as a may call witness in the order. Brock Built filed a counterclaim alleging that it was Blake who breached both the contract and his fiduciary duties to Brock Built by engaging in certain conduct during his employment. Blake's attorney objected, explaining that during Salvati's April 2007 deposition, Brock Built's counsel instructed her not to offer any testimony regarding the tax return. It follows that the duty allegedly breached by Brock Built and the damages arising therefrom arose solely from Brock Built's alleged breach of contract and are encompassed within that claim. Whether Blake forfeited half of his severance was not at issue during the previous appeal. _ (Case No. FN22. In sum, the allegations in the complaint in conjunction with the record evidence are simply not sufficient to rebut the presumption that Blake made good faith business decisions in an informed and deliberate manner or to present a jury question as to whether he engaged in fraud, bad faith, or an abuse of discretion. We therefore conclude that the record evidence presents a question of fact on this issue proper for jury resolution. Learn why life is better when its Brock Built. FN8. See id. See id. construction will be concrete slab on grade w wood stud walls & wood framed roofs. Compare Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27, 28-30(1), 343 S.E.2d 680 (1986) (a party's self-contradictory testimony is subject to an unfavorable construction on summary judgment). Court of Appeals of Georgia. Archie Ramos is one of those people who signed with Woodland Homes in February. The homes are available with three different floorplans: The Adeline, the Manchester and the Lancaster. Located on the revitalized Westside, this industrial-chic community offers the best of both worlds: a suburban-inspired residence in the midst of thriving city life. at 823825(4). Cf. Breach of Contract Failure to Pay Severance. at 751(1)..FN20. at 817818..FN12. FN20. 330, 334(2) (705 S.E.2d 214) (2010)..FN21. When reviewing the parties' enumerations, we are mindful that, [o]n appellate review of a bench trial, the factual findings shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses. 816 (686 S.E.2d 425) (2009). See also Bourke, 277 Ga.App. Their license was verified as active when we last checked. Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. On August 11, 2005, the Attorney General obtained an Agreed Temporary Injunction that bars SOL from engaging in these illegal acts. 1. Blake ultimately filed the instant lawsuit, alleging breach of contract for failure to pay severance, breach of contract for failure to pay incentive compensation, tortious breach of duty of good faith and fair dealing, and entitlement to bad faith attorney fees. 56, 63-65(IV)(C) (D.Del.2004) (affirming dismissal of claim for breach of fiduciary duty despite allegations that corporate officers and directors "abdicated their responsibility over the management and business affairs of the [corporation]"). (404) 472-5707. "[T]he business judgment rule is a policy of judicial restraint born of the recognition that [officers] are, in most cases, more qualified to make business decisions than are judges." Brock Built argues that the trial court erred by awarding Blake twelve months severance instead of six months. We most appreciate the punctuality of the entire process. Blake's counsel requested 40 percent of the total damages awarded, explaining that because the trial court granted Brock Built summary judgment on Blake's tort claim for breach of the duty of good faith and fair dealing, he could recover only those costs incurred in pursuing his breach of contract claims. Brock Built, 300 Ga.App. In the months that followed, Blake argued that he had been terminated without cause and was entitled to severance payments in accordance with the terms of the Contract. See Intl. In addition to location and the charm of my home, the price value for the midtown area is exceptional. As you search for your new home, you'll find that we deliver everything from the suburban lifestyle of Woodstock to the in-town lifestyle of West Midtown, or unique vineyard living in Norcross. Greenspace. Also, a few 2 bedroom, 2.5 bath 1 level flats in a mid-rise building. Lender v. Sutter, 228 Ga.App. FN8. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. The issues, problems, consequences or repercussions. Andrews and Boggs, JJ., concur. I was told by a realtor to look into a community being built by Ashton Woods in Chandler AZ. If youre ready to find new construction homes, were ready to help. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). In Southern California, nine cities from Del Mar to Sylmar have received 26 builder's remedy applications in the past eight months, seeking to build 8,642 new homes. at 585(2). He further contended he was owed additional incentive compensation because the consolidated financial statement upon which Brock Built based its 2005 profit margin for the purposes of calculating his share of profit was inaccurate, based upon his knowledge of the company's financial status. 1. (Emphasis in original.). at 820821(2)..FN4. at 819(1). Thank you Dahlia, Barry, Mark, Steve, Evanne, Brian, Joe and anyone else that helped me with my new home!, We could not be any more pleased with our home purchase through Brock Built. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses..FN7. An Atlanta-based builder with a portfolio of some 1,400 homes is setting sights on Bankhead's Donald Lee Hollowell Parkway, where almost no major investment has occurred in recent decades. We affirm the imposition of attorney fees and costs against Brock Built, but we reverse and remand the case to the trial court for determination of the proper amount of the award. In granting summary judgment to Blake, the trial court concluded that, even if there did exist a conflict in the evidence with respect to Brock Built's 2005 net income, the conflict was created by and should be construed most strongly against Brock Built, which was bound by the sworn net income statement contained within its tax returns. See Turner Broadcasting System v. CBS, 627 F. Supp. FN21. Nonetheless, Blake and Brock reconvened the following Monday, February 13, and, in a meeting transcribed in a manner consistent with the first, Brock presented Blake with a proposed severance agreement offering him a fraction of the severance payments to which he was otherwise contractually entitled to receive in the event of termination without cause. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. (Punctuation omitted.) at 819(1). FN19. FN13. We agree with the trial court and affirm the award of 12 months severance to Blake.14. The parties filed the instant cross-appeals, and we affirm the judgment, but vacate the attorney fees and costs award and remand for proper calculation, for the reasons that follow. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The lawsuit claims KB ignored the Florida attorney general's 2016 settlement that ordered the builder to repair homes built since 2006. Sep 18, 2015 11:49 am EDT. FN10. Finally, Blake argues that the trial court erred by overruling his objection to the admission of evidence from Salvati because Brock Built asserted the accountant-client privilege during discovery. (ld-201300025) west highlands phase 2 section 2, Construction of a new single family home with attached garage (ld-201600064), New townhome- 2107 marietta rd a/k/a 1912 kings cross building #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1922 kings cross building #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1847 brooks dr. nw building #3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1853 brooks dr. nw. We disagree. (Citation omitted.) Brock Built Homes is seeking to build a mixed-use community in Alpharetta, with 37 single-family homes, 144 townhomes and four office buildings, according to plans filed with the city. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Ins. building #1 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1917 bay line lane. at 819(1)..FN10. See also Hofrichter/Stiakakis, 291 Ga.App. Everyone, and I mean everyone, was so helpful, wonderful, understanding, consultative, nurturing, educational, etc all during the process. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 Ga.App. A12A0519, arguing that the incentive-compensation award was insufficient and that the trial court erred by overruling his objection to the testimony of Brock Built's accountant after Brock Built asserted the accountant-client privilege during discovery. A09A2373, decided Mar. In 2015, it was the 5th largest homebuilder in the United States. And, contrary to Brock Built's assertion, Blake's statement that he "was leaving" is not synonymous with a statement that he voluntarily resigned, nor does it create a question of fact on that issue in light of the other direct evidence to the contrary. Southern Charm. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. The trial was continued to May 31, 2011, when Salvati testified. Used under license. Brock Built, 300 Ga.App. FN5. OCGA 14-2-830(a); 14-2-842(a). I modified an existing floor plan and picked out my own colors and fixtures. Brock Built Homes | 1,447 followers on LinkedIn. [,] the 20051 reflecting $3 million net profit per books, was explained by the accountant, Ms. Salvati, as representing a difference between financial accounting and tax accounting, and as being caused by the reporting of past years' income to the IRS in 2005. (Punctuation omitted.) Lender, 228 Ga.App. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. at 585(2). On appeal from a grant or denial of summary judgment, we review the evidence de novo, construing all inferences in the light most favorable to the nonmovant in order to determine whether the trial court erred in concluding that the movant was entitled to judgment as a matter of law. And if you wanted me to force them to make her discuss those tax issues before she testified at trial, I would have been happy to take that issue up. 178, 181(2)(b)(ii), 643 S.E.2d 560 (2007). 554, 558, n. 4, 2000 WL 1839390 (2000). To date, Steve Brock has built more than 1,000 homes in Atlanta. Zillow, Inc. holds real estate brokerage licenses in multiple states. 356, 357, 677 S.E.2d 321 (2009). at 60-66(IV)(A)-(F). See id. 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