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IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
EL GRANERO SUPERMARKET, INC., )
)
Plaintiff, ) Civil Action
) File No. 23CV8635
v. )
)
AMINA PROPERTY, LLC, )
)
Defendant. )
CONSENT MOTION TO AMEND FINAL CONSENT ORDER
COME NOW the Plaintiff, El Granero Supermarket, Inc. (“Plaintiff”), and the Defendant,
Amina Property, LLC (“Defendant”), by and through their respective undersigned attorneys, and
hereby move this Court for the entry of an Amended Final Consent Order, showing the Court as
follows:
1.
On November 2, 2023, the Court entered a Consent Final Order (“Order”) which resolved
the issues related to the commercial property commonly known as Suites 101 to 104 of the Dixie
Square Shopping Center, located at 5680 Old Dixie Highway, Forest Park, Georgia 30297 (“the
Premises”), in regard to the above-referenced matter.
2.
Since the entry of the Order, exigent circumstances have prevented the Plaintiff from
vacating the Premises by the current deadline of August 31, 2024.
3.
As such, the parties have mutually agreed to extend the date by which Plaintiff shall vacate
the Premises by an additional thirty (30) days, that is, up to and including September 30, 2024.
4.
Plaintiff shall leave the Premises in broom clean condition, ordinary wear and tear
excepted, and Plaintiff shall leave the kitchen vent hood and sinks.
5.
In consideration of the foregoing, Plaintiff shall remit to Defendant the amount of
$36,000.00 and provide proof of insurance.
WHEREFORE, for all of the foregoing reasons, Plaintiff and Defendant mutually request
the Court to enter an Amended Final Consent Order accordingly.
Respectfully submitted, this 27th day of August, 2024.
CONSENTED TO BY:
SMITH WELCH WEBB & WHITE MILLS & HOOPES, LLC
Attorneys for Plaintiff Attorneys for Defendant
/s/ Christopher T. Webb /s/ Timothy S. Walls
Christopher T. Webb Timothy S. Walls
Georgia Bar Number 625943 Georgia Bar Number 735030
2200 Keys Ferry Court 1550 North Brown Road, Suite 130
McDonough, Georgia 30253 Lawrenceville, Georgia 30043
Tel. (770) 957-3937 Tel. (770) 513-8111
Fax (770) 957-0115 Fax (770) 513-8150
cwebb@smithwelchlaw.com tim@millshoopeslaw.com
[signed with express permission by TSW]
2
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the within and foregoing Consent Motion
to Amend Final Consent Order on the following party via electronic filing and electronic mail as
follows:
Christopher T. Webb, Esq.
SMITH WELCH WEBB & WHITE
2200 Keys Ferry Court
McDonough, Georgia 30253
cwebb@smithwelchlaw.com
This the 27th day of August, 2024.
MILLS & HOOPES, LLC
Attorneys for Defendant
/s/ Timothy S. Walls
Timothy S. Walls
Georgia Bar Number 735030
1550 North Brown Road
Suite 130
Lawrenceville, Georgia 30043
Tel. (770) 513-8111
Fax (770) 513-8150
tim@millshoopeslaw.com