Mr. David L. Rusnak

Practice Details

• Languages
  Spanish
• Firm Information
  Position

  Partner

  Firm Name

  Drew Eckl & Farnham, LLP
• Representative Cases & Transactions
  Cases

  Representative Cases: Cendant Mobility Fin. Corp. v. Asuamah, 285 Ga. 818, 684 S.E.2d 617 (2009) Unanimous reversal of a Court of Appeals ruling creating a broad exception to the rule of caveat emptor permitting a buyer of a home to directly sue the seller -- who is not a builder or builder-seller -- for negligent repair, effectively making a seller vicariously liable for the negligence of an independent contractor hired to make repairs for the seller. IH Riverdale, LLC v. McChesney Capital Partners, LLC, 292 Ga. App. 841, 666 S.E.2d 8 (2008) Affirmed grant of summary judgment that a limited liability company's majority interest had the absolute right to amend fees provided in an operating agreement). First Nat. Acceptance Co. v. Bishop, 187 S.W.3d 710 (Tex. App. 2006) Affirming judgment that financing company conducting in-house closing was the agent of commercial lender for purposes of mortgagee's promissory note sale despite contractual provisions denying relationship,
  lender was precluded from qualifying for holder-in-due course status due to application of close connectedness doctrine previously not recognized in Texas as applicable law.