Civil Litigation in Georgia

What civil litigation involves

Plaintiffs who file civil lawsuits often want to correct a wrong, uphold an agreement, or get compensation for injuries or damages. Meanwhile, defendants named in lawsuits must defend their rights and protect any interests they have that oppose the plaintiff’s claims.

Whichever side you’re on, civil litigation can prove to be a drain on your time and money. Anyone involved in a civil lawsuit requires competent legal counsel — an experienced lawyer who can advocate for your best interests efficiently and effectively.

Types of civil litigation cases

There are just as many types of civil litigation cases as there are types of disputes in the world. Common examples of civil litigation cases include:

• A contractor fails to deliver their work or goods on time according to the agreed-upon terms, and the other parties to the agreement sue the contractor for breach of contract.
• A subcontractor carries out sub-par work that leads to significant property damage, so you file a lawsuit to recover the damages that you lost.
• You must defend yourself against frivolous or malicious litigation.
• You sue after a real estate transaction because the seller failed to disclose a defect on the property that significantly affects its value or function.

No matter the specifics of the civil lawsuit you’re facing, every case benefits from a talented, knowledgeable, and responsive legal team to help guide your strategy. Contact Joseph Cheeley or call 770-831-7910 to request a consultation with an experienced Georgia civil litigation lawyer.

Contract litigation

Contract disputes make up some of the most common forms of civil litigation. You and another party — or multiple parties — agree to certain terms, but one or more of the parties fail to deliver. The contract may cover services or a purchase of assets or goods.

Contracts can be extremely complex, and failing to deliver on even a single part could qualify as a breach of contract. Anyone who relied on the breached contract could lose time, money, or opportunities. Civil litigation allows contract holders to go to court to either enforce the terms of the contract when possible or to get compensation for their losses.

But even breaches of contract are rarely that simple. You and the other contract signees may have different interpretations of the terms. Some contract terms may not actually be legally enforceable, or an unforeseen circumstance may excuse nonperformance.

Whether your dispute is over an asset purchase contract, a lease or real estate contract, or any other type of contract, Cheeley Legal can help you identify the most important and persuasive facts in your case and gather the evidence you need to prove your case.

Family litigation

Sometimes you cannot resolve family issues on your own. You may have to go to court over alimony or child support, paternity, protective orders, or visitation rights. Joseph Cheeley handles all types of family law matters in Georgia and the Atlanta metro area.

Estate & probate litigation

Disputes over how to handle a loved one’s estate can spiral for months or even years if not handled properly. The right legal guidance can help resolve estate or probate disputes in a timely way so that you can move forward with your life. The talented team at Cheeley Legal handles all types of estate disputes with the nuance and sensitivity they require.

Real estate litigation

Whether you’re buying or leasing a property, entering a real estate or leasing contract, or facing a dispute over the terms of a real estate contract, you’ll need the help of an experienced lawyer who can navigate the transaction with your best interests in mind.

Real estate assets can get complicated, with title, easement, or covenant issues. The process of buying and selling real estate requires due diligence and good faith disclosures. The Cheeley Legal team is passionate about protecting our clients’ real estate interests in landlord-tenant disputes, lease disputes, breaches of warranty of title, requests for specific performance, and litigation over purchase and sale agreements.

If you’re in the business of developing real estate, you may also need legal representation for construction matters such as breach of contract, breach of warranty, fraudulent practices, or negligence. Either landlords or tenants may need the guidance of an experienced attorney to protect their rights under the lease.

The real estate market around Atlanta and across Georgia remains strong, with high demand. Joseph Cheeley and his team help clients with all types of real estate issues — title disputes, leasing disputes, ownership disputes, insurance disputes, problems with broker transactions, mechanic’s liens, non-disclosure claims, and more.

Frivolous or abusive litigation

The law exists to protect the rights of individuals and businesses. But sometimes, people acting in bad faith use the legal system as an illegitimate weapon to harass, intimidate, and get their way through frivolous litigation or malicious prosecution. In these types of cases, the bad actor may file multiple lawsuits or try to file the same claim repeatedly.

Frivolous or abusive litigation can cost you significant amounts of time and money — not to mention the mental toll of fighting false or defamatory allegations.

In 2020, the Supreme Court of Georgia held that plaintiffs who win abusive litigation lawsuits may now seek punitive damages to punish the bad actors. — Coen v. Aptean, Inc., 307 Ga. 826, 838 S.E.2d 860 (2020)

If you’re facing frivolous or abusive lawsuits, a civil litigation lawyer can fight them for you, help stop the abuse, and get you restitution for the harm you suffered.

Appellate litigation

Georgia’s appeals process kicks in after a trial court makes a decision in your case. If anyone involved in the case isn’t happy with the outcome of the trial, they can try to appeal or challenge the decision. The Georgia Court of Appeals hears most of these challenges.

Joseph Cheeley represents clients from trial through appeal. Whether you’re the party appealing or you’re the one defending against an appeal, the process works differently than at the trial level of a case. The most convincing argument to a trial court judge may not have the same effect on an appellate judge. An experienced appellate lawyer should know this and adjust their strategy accordingly.

Not all appeals are granted — and not all appeals affect the whole case. Sometimes, the appealing party may accept some parts of the judgment but reject others. They may agree with the trial court’s assessment of the facts but disagree on the amount of calculated damages. Sometimes, appellate decisions may come down to how a procedural issue was handled at trial. A good appellate attorney will know the best way to handle these nuanced legal arguments for the greatest chance of success.

Ready to talk it through? Contact Joseph Cheeley or call 770-831-7910 now to discuss your options with a seasoned civil litigation team serving Georgia and the Atlanta metro area.