Thu 19 Jun 2025 22 57 27 0000 Re Fw Sweatman V. Zeeman 21Cv9795 1978A697 2¶

Sarah,

I am more than happy to push for him to move the fence ASAP; well in advance of the City/County approval of the plat. That being said, the only chance I have at making the demand come to fruition is if we have a finalized settlement agreement ready for execution. Is this something that you can assist me with? It would be the only alternative legal argument to make in order to mandate that the fence be moved prior to final approval of the plat. Thinking long-term, their response will be that a re-platting was demanded, and a plat is not a survey, which is why they have not moved the fence. It’s a hyper technical distinction and not worth the time and expense to fight over, so a finalized settlement agreement is the best bet we have to get the fence moved.

Brett Michael-Schiff Ledermeier
Senior Associate, Real Estate Litigation

Mailing:  850 Windy Hill Road | Unit 1762 | Smyrna, GA 30081
11625 Rainwater Drive  |  Ste 125   |   Alpharetta, Ga 30009
Direct:  404.365.4564
Main: 770.200.7000
bledermeier@mmatllaw.com<mailto:bledermeier@mmatllaw.com>


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From: Sarah Zeeman <szeeman@gmail.com>
Sent: Thursday, June 19, 2025 6:47 PM
To: Brett Ledermeier <bledermeier@mmatllaw.com>
Cc: Jeff Banks <jeffsbanks@hotmail.com>; Tania Tuttle <ttuttle@mmatllaw.com>
Subject: Re: FW: Sweatman v. Zeeman, 21cv9795

He needs to Move the fence

You are not following the exact words of the transcript and you keep lying to me … ie the cantilever was a flat out lie that I just learned about. - help me understand how that is fiduciary??



On Thu, Jun 19, 2025 at 6:19 PM Brett Ledermeier <bledermeier@mmatllaw.com<mailto:bledermeier@mmatllaw.com>> wrote:
For clarity, the Court Order uses “settlement agreement” as a non-capitalized, non-defined term; it is used in the general sense to indicate that the Judge is aware the parties have reached a resolution as it was read into the transcript at court. It is not referring to any specific settlement agreement and the settlement agreement draft was never sent to the Court. What we are doing with the settlement agreement draft is to memorialize the agreement all parties reached. We needed the Court Order in order to effectuate the settlement due to the non-conformities and to expedite the City/County approval of the plat as strongly suggested by Gaddy which you were aware of. This is the same as someone filing a “Notice of Settlement” which stays a case pending the parties memorializing their agreement into a written document. Formal settlement agreements aren’t reviewed by the Judge unless there has been a breach and someone files a motion to enforce.

In our case, the Judge was aware of the potential, complex issues with the variance appeal and time frame to resolve the case. A Judge is not going to take the case off of a calendar unless there is a document indicating the parties settled, which is what this is.

The Court only reviewed this Order and the attached plat.

Please let me know if you need further clarity.

Brett Michael-Schiff Ledermeier
Senior Associate, Real Estate Litigation

Mailing:  850 Windy Hill Road | Unit 1762 |<https://www.google.com/maps/search/850+Windy+Hill+Road+%7C+Unit+1762+%7C+Smyrna,+GA+30081?entry=gmail&source=g> Smyrna, GA 30081<https://www.google.com/maps/search/850+Windy+Hill+Road+%7C+Unit+1762+%7C+Smyrna,+GA+30081?entry=gmail&source=g>
11625 Rainwater Drive <https://www.google.com/maps/search/11625+Rainwater+Drive++%7C++Ste+125+%7C++Alpharetta,+Ga+30009?entry=gmail&source=g>  | <https://www.google.com/maps/search/11625+Rainwater+Drive++%7C++Ste+125+%7C++Alpharetta,+Ga+30009?entry=gmail&source=g>  Ste 125<https://www.google.com/maps/search/11625+Rainwater+Drive++%7C++Ste+125+%7C++Alpharetta,+Ga+30009?entry=gmail&source=g>   | <https://www.google.com/maps/search/11625+Rainwater+Drive++%7C++Ste+125+%7C++Alpharetta,+Ga+30009?entry=gmail&source=g>   Alpharetta, Ga 30009<https://www.google.com/maps/search/11625+Rainwater+Drive++%7C++Ste+125+%7C++Alpharetta,+Ga+30009?entry=gmail&source=g>
Direct:  404.365.4564
Main: 770.200.7000
bledermeier@mmatllaw.com<mailto:bledermeier@mmatllaw.com>


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