TSG Water Resources v. D'Alba & Donovan Certified Public Accountants, 260 Fed.Appx. Brock Built first argues that the trial court erred in granting Blake's motion for summary judgment on his claim for severance compensation. 754, 754-755(1), 320 S.E.2d 844 (1984) (circumstantial evidence is insufficient to overcome direct and positive evidence of the fact in question unless it points to a conclusion opposite that of the direct evidence). 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. The trial court, however, awarded Blake 40 percent of the total amount of damages Blake sought at trial, including the amount he sought on his incentive compensation claim.18 Therefore, we affirm the imposition of attorney fees and costs, but we vacate the attorney fees and costs award and remand the case for proper calculation thereof consistent with this opinion. brock built lawsuituindy football roster. 1:16-cv-07135 (N.D. Ill.). Brock responded simply, "I am not going to go into it. (Citation and punctuation omitted.) FN11. to help you with preventative maintenance in and around your home. Robert Lee Brock, a prisoner at the Indian Creek Correctional Center in Chesapeake, filed a handwritten, seven-page lawsuit last month in federal court."I partook . Judgment affirmed in part and reversed in part. We are unpersuaded by this argument. See id. LEXIS 18246 at *9-11(II); Stanziale, 330 B.R. Although we agree with Blake that, under certain circumstances, factual allegations of misconduct such as those involved in this matter can give rise to a cause of action in tort, this is not one of those cases. at 819(1). Brock USAwas founded in 1998 as a source for player safety products. Blake argues that the trial court erred by improperly calculating the amount of incentive compensation he was contractually entitled to receive. Honest service and great value are among our top priorities. 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. Sep. 14The parents of a 6-year-old who was hit and killed by a school bus in April have filed suit against Brock ISD, the school bus manufacturer Blue Bird and the company that sold the bus, Rush Truck Centers of Texas. by Josh Palubicki | Feb 9, 2017 | News, Shock Pads, The Latest. When it came to comparing the two options the biggest factors for me were the simple pleasures: the quaintness of the neighborhood, being able to go for walks and having a quiet cup of coffee on my porch. 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. I knew I wanted to live in the Midtown area based on convenient interstate access and the up and coming Westside community. 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. Steve Brock, founder, established Brock Built with a mission to build superior homes at an exceptional value for his customers, while improving on the surrounding community at large. Photos: Brock Built The Westside Station community on Marietta Road aims to reflect the area's rail and heavy industrial past (and present), with architectural styles that include old mill . [t]he plain language of the agreement says that Blake must become employed with a third party within six months. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Building homes and shaping communities since 1984. Womble Bond Dickinson and Chicago IP firm Rakoczy Molino Mazzochi Siwik are defending Fieldturf USA Inc. and Tarkett Sports Canada Inc. in a pending patent infringement lawsuit. Whether Blake forfeited half of his severance was not at issue during the previous appeal..FN11. Tvrdeich, 268 Ga.App. On Christmas the screenwriter and producer shared a sweet photo with her husband who is also a screenwriter and producer. Greenspace. And when Blake presented a sworn affidavit asserting that he had never improperly withheld payment of an invoice, Brock Built failed to point to any such properly submitted yet intentionally delayed expense and/or any other competent evidence of invoices not being paid at Blake's direction. The Contract further allowed termination of the employment relationship with or without cause by either Blake or Brock Built, provided, however, that "[a]ny termination shall be communicated by written notice *428 of termination to the other party." 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. Patents on Brock's PowerBase and PowerBase YSR products (Case No. Although [Blake] may disagree with the credibility determinations made by the trial court, it cannot be said on the record before us that there is no evidence to support the trial court's conclusions.20. To date, Steve has built over 2,900 homes homes, creating innovative and comfortable places to live in Atlantaand beyond. See Cochran v. Murrah, 235 Ga. 304, 307, 219 S.E.2d 421 (1975); ServiceMaster Co. v. Martin, 252 Ga.App. The employment contract between Brock Built and Blake entitled Blake to severance compensation if Brock Built terminated the employment relationship, unless it was terminated for cause. See id. FN10. Pursuant to the employment agreement, Brock Built agreed to pay Blake a designated annual base salary, plus incentive compensation, which was comprised of a set percentage of the company's profit margin. The agreement defined profit margin as. Horton's city manager of the west division of Louisiana, said in a recorded conversation that the building company follows federal building codes that may . This nonprofit is focused on safe and healthy housing and is leading the efforts in the Atlanta community to help low-income senior and veteran homeowners age safely in place. The house is very well built and we love it and the neighborhood. 816 (686 S.E.2d 425) (2009). If I ever have an issue or question, they are always available to help in a kind and timely manner.. In addition, their post-closing service is phenomenal. _ (Case No. CAREERS | PRIVACY POLICY | TERMS OF SERVICE | WARRANTY. About Brock Built Brock Built has been making an impact on the Atlanta residential real estate community for more than two decades. at 585(2). Property data maintained by MARKETWAKE, LLC, Pros and Cons of Living in the Florida Panhandle, 5 Airports Near the Florida Panhandle that Make Traveling a Breeze, Best Places to Live in the Florida Panhandle. FN22. at 817818..FN12. For context, consider that within the official boundaries of Bankhead, records indicate only one home has sold for more than even $300,000 in recent years. Turner Broadcasting System, 627 F. Supp. See Service-Master Co., 252 Ga.App. 2. Munger & Stone, Thomas J. Munger, Benjamin A. FN11. D avid Brock, the conservative journalistic assassin turned progressive empire-builder, is sitting in a conference room in the Park Avenue South offices of the MWW Group, a public-relations firm. LEXIS 18246, *9-10(II) (N.D.Ga.1997). Breach of Fiduciary Duty. FN9. This position acts as Brock Built Homes' field representative in charge of all of the production phase in assigned projects/communities. Get free summaries of new Court of Appeals of Georgia opinions delivered to your inbox! Williamson v. Strickland & Smith, Inc., 296 Ga.App. 22, 2012). Brocks Scott Powers earns the prestigious Corky Kell Award, BrockFILL Surface at Camping World Stadium Receives FIFA Quality Pro Certification. 4. Thus, the financial statement produced by HLB Gross Collinsthe accounting firm employed by the Companyproperly reflects the profit margin upon which Blake's bonus would be based, as contemplated by the parties in their contract. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. NexxField will no longer assist any third party to make, have made, use, market, advertise, promote, sell, provide or install the Original NexxPad in the United States and Canada, or import the Original NexxPad into the United States, during the term of the Brock Patent Rights. OCGA 14-2-830(a); 14-2-842(a). 619, 620(1) (627 S.E.2d 207) (2006). He further testified that the customary fee in this area in cases such as this one is usually 40 percent. 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). As Blake concedes on appeal, however, the trial court's award calculation was erroneous. Various floor plans including 2-4 bedroom townhomes, 2 car garages, basements. Conveniently located communities with all the modern comforts. The evidence produced by [Blake], i.e. nevada library association conference 2022. 53 talking about this. Accordingly, we find no error in the trial court's decision to award Blake attorney fees and costs.15. Ins. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. We are unpersuaded by this argument. A fundamental assumption is that the two. my dream finally came true when I moved into the most beautiful home that I have ever seen, let alone have the opportunity to live in! I have already recommended Brock Built Homes to people I know and care about who wish to build a home and will continue to do so.. 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. 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. at 751(1)..FN20. at 72-74, 110 S.E.2d 128. All content is posted anonymously by employees working at Brock Built. 816 (686 S.E.2d 425) (2009)..FN1. at 890(3). A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. Both the consolidated financial report and Brock Built's 2005 tax returns were prepared by the same outside certified public accountant. Our carefully selected build sites help you cultivate a sense of belonging. But even construing the record in the light most favorable to Brock Built, the evidence does not support a finding of voluntary resignation. When it came to comparing the two options the biggest factors for me were the simple pleasures: the quaintness of the neighborhood, being able to go for walks and having a quiet cup of coffee on my porch. Take the next step here. FN14. All rights reserved. First, the Contract required written notice in the event that Blake intended to resign. McReynolds v. Krebs, 307 Ga.App. The company advertised the neighborhood as a high-end community featuring homes with a very high level of finish. 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. After nearly four decades of experience building new construction homes in Atlantas best communities, we can confidently say that its in the details. brock built lawsuit. In fact, in the contract, which both sides testified was negotiated and revised by both, the parties agreed that the accountant's calculation would be final and binding. Blake's bonus, therefore, is calculated using the figure $944,220. On appeal, Brock Built challenges the trial court's ruling. 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. 3. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. was alan kulwicki married; 193 special operations wing commander; how to cite government documents chicago; yorktown high school 50th reunion; coryell county court docket See Matter of Munford, Inc., 98 F.3d at 610-611(B); Cottle, 849 F.2d at 574-579(II)(A)-(D); Medserv Corp., 1997 U.S. Dist. (Citation and punctuation omitted.) Get in touch with Brock Built today. 619, 620(1) (627 S.E.2d 207) (2006). 4. BLYTHEWOOD - Just before Blythewood town council went into executive session April 20, for an update on the MPA lawsuit and countersuit from two of the Town's outside attorneys, Councilman Donald Brock read a prepared statement that he did not recognize one of those attorneys, Nexsen Pruet Attorney David Black, as representing the Town in [] Their team, from the builder Larry all the way up to their agent Dahlia, made my first home buying experience a great one. my dream finally came true when I moved into the most beautiful home that I have ever seen, let alone have the opportunity to live in! (Citation omitted; emphasis in original.) The compliant features seven companies that Brock was using in the money laundering schemes. All rights reserved. 816 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. The bench trial in this case commenced on December 1, 2010. Find Out About Great Interest Rate Specials and Reduced Pricing. The trial court did not find that Terranova Properties was not in fact a third-party, but instead concluded that Blake's role in his own corporation did not constitute employment with a third party as required by the contract in order to find that Blake forfeited half of his severance. At best, however, this evidence supports a finding that Blake was given the option to resign, which he clearly declined to do. In addition to location and the charm of my home, the price value for the midtown area is exceptional. Learn more about FindLaws newsletters, including our terms of use and privacy policy. U.S. presidential candidate and crypto entrepreneur Brock Pierce was apparently served legal papers relating to a lawsuit alleging securities fraud during his campaign rally in New York on Monday . Brock Used Several Shady Companies to Defraud Streibich. 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. Blake subsequently was promoted first to vice president and then, in October 2005, to president of the company. I knew I wanted to live in the Midtown area based on convenient interstate access and the up and coming Westside community. at 821823(3). at 819(1). See id. FN5. It's genuine performance. "); Stanziale v. Nachtomi, 330 B.R. When a party seeks fees based on a contingent fee agreement, the party must show that the contingency fee percentage was a usual or customary fee for such case and that the contingency fee was a valid indicator of the value of the professional services rendered. 730, 732(1)(a), 521 S.E.2d 358 (1999). The trial court granted Blake summary judgment on his claims for incentive and severance compensation and on Brock Built's counterclaim for breach of fiduciary duty. At no time during *429 the meeting did Blake indicate that their employment relationship was being severed due to any voluntary conduct on his part. Property data maintained by MARKETWAKE, LLC, At the orientation walk for your new Brock Built home, well provide you with an Orientation Binder that contains a maintenance manual offered by the. Williamson v. Strickland & Smith, Inc., 296 Ga.App. (Emphasis in original.). I modified an existing floor plan and picked out my own colors and fixtures. FN22. Cassels Brock and Blackwell LLP is accused of taking competing sides during GM dealership closings in 2009. . Plaintiff has failed to carry his burden of proving by a preponderance of the evidence that the net profits for 2005 were other than those represented by the accountants. There is no online registration for the intro class Terms of usage & Conditions You're all set! Brock Built, 300 Ga.App. FN19. 356, 357, 677 S.E.2d 321 (2009). See id. 749 (627 S.E.2d 454) (2006). Your safety is our priority, so please dont hesitate to contact us. 807, 810(1), 619 S.E.2d 481 (2005) (at-will employment contract providing that "a fiduciary and confidential relationship has commenced and will continue to exist between [the employer and employee]" presented a jury question as to whether employee stated an independent claim for breach of fiduciary duty); Spears v. Mack & Bernstein, P.C., 227 Ga.App. 743, 745(2), 490 S.E.2d 463 (1997) (despite the employee being at-will, a separate duty arose from the contractual term agreeing to treat her as "some sort of partner"). FN8. See also Matter of Munford, Inc., 98 F.3d at 610-611(B); Flexible Products Co., 284 Ga.App. Brock Built's expert, Francis Dean Driskell, III, a forensic accountant, testified that in his opinion, Brock Built's 2005 financial statement was not prepared in accordance with GAAP. yellowbrick scholarship reviews. 1, 5(3) (673 S.E.2d 858) (2009). See id. And he wants the state to pay him $5 million. Blake, on the other hand, asserts that not only is the 2005 net income figure reflected in Brock Built's financial report inconsistent with his understanding of the company's financial status at the time that he was terminated, but is also inconsistent with the $3 million plus net income reported on Brock Built's sworn 2005 tax returns. The determination of profit margin made by the accounting firm employed by the Company shall be final and binding. 901, 909-910 (N.D.Ga.1985) (that corporate officers or directors may stand to gain personally from their actions does not obviate the application of the business judgment rule). [C]onstruing the evidence in favor of [Blake], there was evidence that the contingency fee [he] agreed to pay was a valid indicator of the value of [his] attorney's services.17. Robert Lee Brock, an inmate at the Indian Creek Correctional Center in Chesapeake, has sued himself for getting drunk and violating his civil rights. 141, 143-144, 671 S.E.2d 195 (2008). [Blake] failed to produce persuasive evidence to the contrary. Whether Blake forfeited half of his severance was not at issue during the previous appeal. 280 Interstate North Circle SE, Suite 400. Our House is changing that, and were here to help as a proud sponsor and Corporate Ambassador of Wheels4Walls: an annual Our House event that raises funds and awareness for families experiencing homelessness. FN20. 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. In Brock Built, LLC v. Blake,1 we reviewed the trial court's order on the parties' cross-motions for summary judgment, explaining that this litigation began when, Blake, the former president of Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance and incentive compensation due under the terms of the contract. It is undisputed that no such notice was ever given. See FPL Group v. Commr. Brock alleges he paid $880,000 for $6. The issues, problems, consequences or repercussions. See Intl. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Lender, 228 Ga.App. 579, 584(2) (602 S.E.2d 297) (2004). brock built properties inc. construction co. 749 (627 S.E.2d 454) (2006). We are pleased that we were able to resolve our patent dispute with NexxField, says Dan Sawyer, Brock USAs CEO. In bench trials, the judge sits as trier of fact[,] and the court's findings are analogous to a jury's verdict and should not be disturbed if there is any evidence to support them.9. We agree with the trial court that Brock Built has not alleged conduct that rises to the level of fraud, bad faith or an abuse of discretion sufficient to establish a claim for breach of fiduciary duty. See, e.g., Yargus v. Smith, 254 Ga.App. FN16. We most appreciate the punctuality of the entire process. The trial court implicitly overruled the objection, explaining to Blake's attorney that there's a way that you can bring that to the [c]ourt's attention. After the trial court ruled on the parties' cross-motions for summary judgment, the case proceeded to a bench trial, and the trial court entered judgment in favor of Blake. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). (Emphasis in original.). Both parties filed cross-motions for summary judgment. at 818819(1). at 823825(4)..FN6. But we haven't done that, so I'm going to let her testify about it, especially since her signature is on the tax document., The admission of evidence is generally committed to the sound discretion of the trial court, whose determination shall not be disturbed on appeal unless it amounts to an abuse of discretion.21 Here, given Blake's failure to file a motion in limine to exclude Salvati's testimony or a motion to compel her testimony regarding the tax returns once Brock Built listed her as a may-call witness in the consolidated pretrial order, we find no abuse of discretion in the trial court's decision to permit Salvati's testimony on this issue.22. These facts simply do not support a conclusion that Blake voluntarily resigned. The lawsuit was filed by Melissa. Specifically, the trial court awarded Blake 40 percent of the $518,198 he sought in total damages, plus his costs, rather than 40 percent of the $256,589 awarded to Blake. 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. So viewed, the evidence shows that Blake was hired by Brock Built as a construction manager in 2003. Subject to change without notice. Although Brock Built initially argued that Blake voluntarily resigned, we concluded on appeal that the facts simply do not support a conclusion that Blake voluntarily resigned.10 Thus, the issue at trial was whether Blake was employed with a third party within six months of his termination from Brock Built.11. This is the Brock Built company profile. Bourke v. Webb, 277 Ga.App. See also Bourke, 277 Ga.App. etc., Research, 274 Ga.App. Mara Brock Akil and her husband Salim Akil appear to still be going strong! Posted on June 29, 2022 brock built lawsuit. at 585(2). at 909-911. An emergency would constitute a safety hazard to your family or a situation that would cause further damage to your home. 405, 409(2), 491 S.E.2d 853 (1997); Rhine v. Sanders, 100 Ga.App. 330, 334(2) (705 S.E.2d 214) (2010). 712, 716(3), 531 S.E.2d 126 (2000); Constr. It is undisputed that Blake was an at-will employee of Brock Built. CAREERS | PRIVACY POLICY | TERMS OF SERVICE | WARRANTY. I am very happy with my choice of a Brock Built home in West Highlands. Learn why life is better when its Brock Built. Both parties filed cross-motions for summary judgment. FN21. at 409(2), 491 S.E.2d 853. Brock Built is the Atlanta, GA home builder that develops, designs, and builds to meet the needs of your life + style. Location & Hours 1110 Northchase Pkwy SE Ste 150 Marietta, GA 30067 Serving Marietta Area Get directions Edit business info Amenities and More Staff wears masks Masks required Accepts Credit Cards Open to All Ask the Community Contact; Call Us Today. City of Atlanta v. Hofrichter/Stiakakis, 291 Ga.App. What makes a house a home? Bourke v. Webb, 277 Ga.App. A fitting location, because the Bulldogs used a wave of critical second-half 3-point shots to down Lorena, 43-31, in the Class 3A Regional Semifinal at Midway High School. A09A2373, decided Mar. In addition, the plaintiff must have "an independent injury over and above the mere disappointment of plaintiff's hope to receive the contracted-for benefit." The fact that the amount awarded was less than what he sought does not mean that he was not substantially successful in this litigation. See, e.g., Yargus v. Smith, 254 Ga.App. Comments. We wish NexxField well, and we encourage fair competition in the marketplace. Authors Channel Summit. Brock Built attorney Brian Daughdrill says in a lawsuit filed on Aug. 17 in Fulton County Superior Court that if the new Masquerade moves ahead as planned, the venue will have an "immediate adverse impact on the price point and size of the homes contemplated for the subdivision . (Citation omitted.) A central piece of the lawsuit alleges Brock was defrauded out of his interest in distressed loans on properties making up a key piece of the project. 330, 334(2) (705 S.E.2d 214) (2010)..FN21. 1:16-cv-07135 (N.D. Ill.). We partnered with WABA because of our like-minded missions of cultivating vibrant communities. Brock Built Homes | 1,447 followers on LinkedIn. FN13. Published on July 24, 2021 In response to the lawsuit against Activision Blizzard brought by the state of California, former president Mike Morhaime and current president J. Allen Brack have. at 821823(3)..FN5. See also Bourke, 277 Ga.App. at 820821(2)..FN4. Compare Tidikis v. Network for Med. FN15. FN17. Categories . Brooke-Built Homes takes pride in quality construction. Medserv Corp. v. Nemnom, 1997 *431 U.S. Dist. Brock Built contends that the trial court erred in granting Blake summary judgment on his claim for breach of contract based upon Brock Built's failure to pay Blake the full amount of incentive compensation to which he was entitled. Please try again. All rights reserved. Finally, Brock Built argues that the trial court erred in denying its motion for *432 summary judgment on Blake's claim for breach of good faith and fair dealing. Rely on the experts at Brock Built. Following a bench trial, the trial court entered judgment in favor of Blake as follows: severance pay in the amount of $180,000 (representing 12 months salary); incentive compensation/percentage of net profits in the amount of $19,809.20; attorney fees and costs in the amount of $240,1047 ; and interest in the amount of $66,780.8. BROCK INTERNATIONAL (USA) PATENTS: U.S. 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. Our team is standing by to assist you throughout the warranty period. at 890(3)..FN17. Blake was terminated from Brock Built in February 2006.12 It is undisputed that in February 2006, Blake incorporated Terranova Properties, Inc., a residential construction and remodeling company, listing himself as the incorporator, president, and sole member of the Board of Directors. Bourke v. Webb, 277 Ga.App. Wynn v. Arias, 242 Ga.App. Brock, 30, appears to be representing herself in the case. FN6. 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. According to Brock Built, the trial court disregarded critical evidence and applied the incorrect legal standard in concluding that Brock Built's allegations were insufficient as a matter of law. See Regenstein v. J. Regenstein Co., 213 Ga. 157, 162, 97 S.E.2d 693 (1957); Flexible Products Co. v. Ervast, 284 Ga.App. Driskell conceded, however, that he did not reach an independent determination of the company's net income for 2005 based on Brock Built's financial information. Brock Built Homes, LLC, 1110 Northchase Pkwy, Marietta, GA holds a Residential/General Contractor license and 2 other licenses according to the Georgia license board. OCGA 9-11-4(e)(1) provides for personal service upon a corporation as follows: service shall be made by delivering a copy of the . at 197-199(IV)(A) (reversing the grant of summary judgment when a question of fact was presented as to whether the corporate officer, who had much to gain from misrepresenting the financial health of the company, knew of accounting errors in financial statements and failed to advise the directors of the errors); Southeast Consultants v. McCrary Engineering Corp., 246 Ga. 503, 507-510(2), 273 S.E.2d 112 (1980) (officer has a fiduciary obligation not to usurp corporate business opportunity); Multimedia Technologies v. Wilding, 262 Ga.App. (a)Brock Built argues that Blake was not entitled to attorney fees and costs under the parties' agreement because he was not substantially successful in this litigation, pointing out that Brock Built obtained summary judgment on Blake's claim for breach of good faith and fair dealing. at 817818. Not only was it my first home, it was my first new home, and Brock Builts building and design process helped keep my mind at ease that all the bases were being covered. 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. Driskell further testified that Brock Built's 2005 tax returns (specifically, the IRS Schedule M1), which reported the company's net income as $3.1 million, was a reasonable proxy for determining the company's net profits according to GAAP. FN8. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Thus, given the clear language of the contract that the parties would use the accountant's calculation to determine profit margin for the purpose of calculating Blake's share of profit (bonus), the parties are bound by that plain language.

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