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A & M Hospitalities, Llc, Et Al.v.Prenita Alimchandani

CourtCourt of Appeals of Georgia
Docket No.A21A1576
DecidedMarch 16, 2022
Reporter351 Ga. App. 310
JudgesCourt of Appeals of Georgia
Tags
CivilBusiness LawCivil ProcedureContract LawArbitrationPreliminary InjunctionAppellate ProcedureVacaturRemand
Case Summary

A and M Hospitalities and related entities appealed orders in a long-running dispute among owners of a Georgia hotel venture. The trial court allowed Prenita Alimchandani to file a second amended complaint despite a res judicata challenge, stayed the litigation while staying a later arbitration, denied a recusal motion, and appointed a receiver. The Court of Appeals of Georgia reversed and remanded. It held that the trial court’s post-recusal orders were affected by the failure to resolve the recusal issue under the governing framework and that the case required assignment to another superior court judge to determine whether the original judge’s involvement created a disqualifying appearance or other legal problem. The majority did not reach the receiver issue and treated the arbitration arguments as dependent on the res judicata analysis. A dissent would have addressed more of the merits, including the receivership and arbitration questions, to avoid leaving issues likely to recur on remand.

Opinion

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