Georgia Court of Appeals

James Bennett Bostick v. Cmm Properties, Inc. et al.

A13A1662 July 11, 2016 Affirmed

Automated case summary

What the court decided

The Georgia Court of Appeals held that the trial court correctly granted summary judgment because the lease's liquidated damages clause was an unenforceable penalty. This decision resulted from a review of the entire lease paragraph, finding it lacked a reasonable pre-estimate of actual damages.