Practice Area

Civil Litigation

Litigation-first representation for business disputes and complex civil matters throughout Georgia.

Our Civil Practice

A Litigation-First Approach

Civil disputes—whether between individuals, businesses, or property owners—require attorneys who are not only knowledgeable in the law, but fully prepared to take a case to trial when necessary. At Boggs, Cowan & Fargione, we bring that same trial-ready mindset to every civil and business matter we handle.

We represent individuals and businesses throughout Georgia in a wide range of civil litigation matters. Our attorneys understand that resolving disputes effectively requires thorough preparation, strategic thinking, and the credibility that comes from actually trying cases. When the other side knows you are willing and able to go to trial, outcomes improve at every stage—including settlement.

Discuss Your Civil Matter

Civil Litigation Services

  • Business & Commercial Disputes
  • Contract Litigation
  • Conversion of Timber Claims
  • Partnership & Shareholder Disputes
  • Non-Compete Litigation
  • Fraud & Misrepresentation
  • Property Disputes
  • Breach of Fiduciary Duty
  • Tortious Interference
  • Collections & Debt Enforcement
Business Representation

Business Litigation

Protecting your business interests with aggressive, experienced advocacy.

Contract Disputes

When contracts are breached, we pursue full enforcement and damages. When contracts are used against you, we challenge their validity and scope aggressively.

Partnership & Shareholder Disputes

Business relationships sometimes break down. We represent partners and shareholders in disputes over management, distributions, and business decisions.

Non-Compete Litigation

Whether enforcing restrictive covenants against a departing employee or defending a client against an overbroad agreement, we handle non-compete and non-solicitation disputes throughout Georgia.

Fraud & Business Torts

Fraud, misrepresentation, tortious interference, and unfair business practices. We pursue or defend these claims with the thoroughness they require.

Collections & Enforcement

When you are owed money, we pursue collection through the courts, including judgment enforcement and execution against assets.

Breach of Fiduciary Duty

Officers, directors, partners, and advisors owe duties to those they serve. When those duties are violated, we hold them accountable.

Property Rights

Conversion of Timber Attorney in Georgia

What is Conversion of Timber?

Conversion of Timber is the legal term for when a person cuts, damages, or removes trees without the property owner's permission. This action constitutes a violation of property rights whether done intentionally or by mistake. Property owners have legal recourse through specific timber conversion statutes that typically provide enhanced remedies beyond standard property damage claims.

Additional Legal Options for Property Owners

When your trees have been damaged or removed without permission, several legal avenues may be pursued:

  • Trespass claims for unauthorized entry onto your property
  • Common law conversion for the wrongful exercise of dominion over your property
  • Property damage claims for the diminution in property value
  • Negligence claims when the damage resulted from careless actions
  • Breach of contract claims if the responsible party was a contractor who exceeded authorized work scope

These claims can be strategically combined to maximize recovery potential. A consultation with an attorney experienced in property and timber law will help determine the most effective approach for your specific circumstances.

Available Damages for Conversion of Timber

Georgia law provides robust remedies through O.C.G.A. 51-12-50. As an injured property owner, you may be entitled to:

  • Treble damages (three times the value of the harmed trees)
  • Restoration costs to return the property to its pre-damaged condition
  • Attorney fees to mitigate the financial burden of legal representation
  • Punitive damages in cases involving willful misconduct

The extent of recoverable damages will depend on the specific facts of your case, including the nature of the intrusion and the value of the affected trees.

Requirements for Legal Action

You need not wait until trees are completely removed to take action. In Georgia, legal claims can arise from:

  • Partial cutting or trimming beyond the property line
  • Damage to roots or branches
  • Any unauthorized interference that harms the tree's health or appearance

Determining Tree Value

Professional arborists employ standardized valuation methods that consider:

  • Tree species, size, age, and health
  • Location and contribution to property aesthetics
  • Replacement costs and diminished property value

For isolated incidents, individual tree appraisals are conducted. When numerous trees are affected, valuation may involve statistical sampling and extrapolation techniques.

Single Tree Valuation

A mature tree's value can be substantial, particularly in residential settings. Factors affecting valuation include:

  • Species (with hardwoods typically commanding higher values)
  • Maturity and size (with larger, older specimens being more valuable)
  • Location and contribution to property aesthetics
  • Health and structural integrity

A well-established oak in a residential neighborhood may be appraised at $25,000 or more, reflecting both its replacement cost and its contribution to property value.

Neighbor's Fallen Tree Liability

Liability for damage caused by fallen trees hinges on:

  • The tree's condition prior to falling
  • The owner's knowledge of any hazardous conditions
  • Whether reasonable care was exercised

When healthy trees fall due to storms or other natural events, the tree owner typically bears no liability. However, if the tree was visibly diseased, dead, or hazardous, and the owner failed to address these conditions, liability may attach. These situations require careful factual analysis by qualified legal counsel.

Boundary Tree Considerations

Trees situated on property lines present unique legal challenges:

  • Trees with trunks directly on property lines ("boundary trees") are generally considered jointly owned
  • For trees wholly on one property with overhanging branches, neighbors typically may trim branches only to the property line
  • Improper cutting of boundary trees may trigger claims by both owners

Each boundary dispute involves nuanced property rights that should be evaluated by an attorney familiar with local property law and arboricultural standards.

Contact a Georgia tree lawyer today if someone has cut, damaged, or removed timber on your property.

How We Work

Our Civil Litigation Approach

We treat every civil matter with the same trial-ready preparation we bring to the courtroom.

Thorough Case Analysis

We analyze the facts, applicable law, and potential outcomes before developing your litigation strategy—so you know what to expect from the start.

Strategic Preparation

We gather evidence, retain experts when necessary, and build your case with trial in mind from day one—giving us leverage at every stage.

Negotiation When It Makes Sense

Many civil disputes resolve short of trial. When settlement serves your interests, we negotiate hard. When it doesn't, we go to court.

Courtroom Experience

With over a hundred trials across Georgia courts, we have the experience to present your case effectively before a judge or jury when it counts most.

FAQ

Civil Litigation Questions

Common questions about civil and business disputes in Georgia.

What is civil litigation?

Civil litigation refers to legal disputes between private parties—individuals, businesses, or organizations—that are resolved through the court system. Unlike criminal proceedings, civil litigation typically seeks monetary compensation or specific court orders rather than criminal punishment. Cases include contract disputes, business disagreements, property matters, and tort claims.

What is conversion of timber and when can I bring a claim?

Conversion of timber occurs when someone unlawfully cuts, removes, or destroys trees from another person's land without authorization. Under Georgia law (O.C.G.A. § 51-12-50), a landowner may be entitled to recover damages—potentially including treble (triple) damages—when timber is taken without permission. If trees have been cut on your property without your consent, you may have a significant claim regardless of whether it was intentional or negligent.

What types of business disputes do you handle?

We handle a broad range of business disputes including breach of contract claims, partnership and shareholder disputes, non-compete and non-solicitation agreement litigation, fraud and misrepresentation claims, business tort claims, and disputes over the sale or dissolution of a business. We take a litigation-first approach to every matter, which means we are prepared to fight in court when necessary.

Can a business dispute be resolved without going to trial?

Many business disputes are resolved through negotiation, mediation, or arbitration before trial. However, approaching every dispute with full trial preparation—gathering evidence, building the strongest possible arguments, and demonstrating a genuine willingness to litigate—puts our clients in a stronger position at every stage, including settlement discussions.

How long does civil litigation typically take in Georgia?

The timeline varies considerably depending on the complexity of the dispute, the court's docket, and whether the case settles before trial. Some matters resolve in months through negotiation; others may take a year or more through formal litigation. An experienced attorney can help you understand realistic timelines for your specific situation.

What damages can I recover in a business or civil litigation case?

Damages in civil cases can include compensatory damages (to restore you to your pre-dispute financial position), consequential damages (foreseeable losses resulting from the breach or wrong), and in certain cases, punitive damages where the conduct was particularly egregious. Attorney's fees may also be recoverable in some contract disputes or statutory claims.

What should I do to protect myself at the first sign of a business dispute?

Act quickly and carefully. Preserve all relevant communications—emails, texts, contracts, invoices, and internal notes. Avoid deleting or altering records, and be cautious about what you put in writing while the dispute is active. Consult an attorney before responding to formal demands or making significant business decisions that could affect the dispute. Early legal guidance often prevents costly mistakes.

What is a business tort, and how is it different from a contract claim?

A business tort is a wrongful act—distinct from breach of contract—that causes economic harm to a business or its owners. Common examples include fraud, intentional interference with business relations, unfair competition, conversion of business property, and defamation. Unlike contract claims, which are limited to the contract's terms, tort claims can support broader categories of damages and, in egregious cases, punitive damages. The two types of claims often arise together in business litigation.

Can non-compete agreements be enforced in Georgia?

Yes. Georgia's Restrictive Covenant Act allows courts to enforce non-compete, non-solicitation, and non-disclosure agreements that are reasonable in scope, duration, and geographic reach. Courts may reform overly broad agreements rather than voiding them entirely. Whether you are seeking to enforce a restrictive covenant against a departing employee or defending against one, the specific language of the agreement and the facts surrounding it are critical—experienced counsel is essential.

Get Started

Discuss Your Civil Matter

Contact our Georgia litigation attorneys for a free, confidential consultation about your civil or business dispute.

Contact Information

Service Area Statewide Georgia

Why Choose Us

  • Free initial consultation
  • Litigation-first approach
  • Over a hundred trials of experience
  • Statewide representation