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Woodstone Townhouses, Llcv.Southern Fiber Worx, Llc Et Al.

CourtCourt of Appeals of Georgia
Docket No.A20A1857
DecidedFebruary 23, 2021
Reporter303 Ga. App. 642
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawTort LawCivil ProcedureSummary JudgmentExpert TestimonyDamagesReversalRemand
Case Summary

Woodstone Townhouses sued a telecommunications provider and its owner for entering an apartment complex and installing internet equipment. Both sides sought summary judgment in two consolidated appeals. The Court of Appeals of Georgia held that factual disputes remained over whether the defendants were innocent or willful trespassers, whether a blanket utility easement authorized their entry, and whether tenants could invite work on the property without the owner’s permission. Those disputes also affected derivative claims for punitive damages and attorney fees. The court nevertheless reversed summary judgment for the defendants on Woodstone’s punitive-damages claim and reversed the denial of Woodstone’s motion to compel financial records. It also reversed summary judgment for the defendants on their counterclaims for fraud, promissory estoppel, attorney fees, and punitive damages, while affirming other rulings and remanding for further proceedings. The cross-appeal judgment was affirmed as to the trespass claim.

Opinion

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