On February 21, 2024, the Georgia Court of Appeals decided the case of In Re Estate of Anne Smith Florance. In that case, Florance had executed a revocable trust during her life and a Will pouring the remainder of her estate into the trust. The trust was first established in 1997 and amended several times […]
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In White v. Stanley (Georgia Ct. App. 10/3/2023), Rhonda White appealed a jury verdict in favor of the defendants relating to a motor vehicle collision. White argued that the trial court gave an improper jury instruction regarding the Preponderance-of-the-Evidence Standard. The trial court instructed the jury using the existing pattern jury instructions. However, the law […]
In Estate of Hargett v. Brown (Tenn. App. 6/9/2023), the Decedent, Willie Hargett, had separated from his wife, Robbie Hargett. Despite the separation, there was no divorce. After the separation, Mr. Brown entered into a relationship with Charlotte Brown. The Decedent had legal documents prepared after he was diagnosed with lung cancer. He sought to […]
The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general prevents a party from re-litigating the same issue in a second court. In other words, you don’t get a second bite at the apple in another court simply because you were dissatisfied with the result […]
In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3, at least in cases where the trial court approves direct payment to a trust. Prior to passage of HB 620, Section 29-3-3 read as follows: 2021 Version For purposes of this Code section, the term […]
“In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which requires showing an injury in fact that was caused by the breach of a duty owed by the defendants to the plaintiffs and that will be redressed by a favorable decision from the court.” Ames […]
Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition alleged she was unable to make appropriate decisions regarding her treatment and medical care. Petitioner attached the report of Dr. Taylor Wright in support of its petition. The Court appointed a guardian ad litem and […]
On September 15, 2022, the Ohio Court of Appeals affirmed a Probate Court decision appointing a guardian despite a spotty record of the proceedings below. In In re Guardianship of S.B., the proposed was suffered a traumatic brain injury. In 2004, the ward’s father filed a petition for guardianship and was appointed guardian. In 2007, […]
As a general rule, discovery is not permitted in any proceeding before an ALJ, except to the extent specifically authorized by law. Ga. R. & Regs. § 616-1-2-.38. In Bd. of Dental Examiners v. Daniels, 137 Ga. App. 706 (1976). Appellant/defendant contends that the Civil Practice Act is not applicable to proceedings under the Georgia […]
There are times when formal “legal” communication is necessary. This post addresses several instances regarding how that can be done. It is not meant to be all inclusive and, in many cases, specific communication rules apply. Beginning a lawsuit: When you begin a lawsuit, a summons must be served on the Defendant(s). Generally, Rule 4 […]
In Weeks v. DHS, Division of Family and Children Services, Office of State Administrative Hearings, Docket 2117014 (April 28, 2021), Brian Center Health and Rehabilitation – Canton, purportedly filed a direct appeal on behalf of Marilu Weeks after her Medicaid application was denied. Judge Teate, in Docket No. 2115533, directed Brian Center to provide evidence […]
In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with “full power and authority to do and perform all acts and things whatsoever requisite and necessary to be done . . . as I might or could do if acting personally.” She also executed a […]
In Bethune v. Bethune (Georgia Court of Appeals A21A1659, March 11, 2022), Donald Bethune was acting as agent for his 89-year-old mother under a power of attorney executed on November 14, 2019. Richard Bethune, Donald’s brother, filed an action seeking relief under the Georgia Power of Attorney Act, O.C.G.A. § 10-6B-1 et seq. On appeal, […]
In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a declaratory judgment action, a default judgment and a motion to set aside the default. Alfonso Patton, a Tennessee resident, was under a Tennessee conservatorship. After Patton died in 2013, his only biological child, Patricia Richmond, […]
On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There, executrix Dorothy Johnson appealed from a Douglas County Probate Court order which construed the meaning of a 2013 Superior Court consent order in the context of a Petition for accounting and Final Settlement of Accounts. […]
In In re Estate of Curvan, 362 Ga. App. 665 (2022), Sharon Lavant offered a July 31, 2019 Will of Randolph Curvan for probate. Cheryl Curvan, Charmaine Curvan and Randolph Curvan filed a caveat. Among their complaints, they alleged the Will was not the valid last will of Decedent, that the signatures on the Will […]
In In re Estate of Butler, 356 Ga. App. 287 (2020), Anita Butler filed a petition to probate her father’s Will. Other family members filed an objection and caveat. Ultimately the case was settled with Butler agreeing to offer her late father’s will in Vermont in order to transfer a parcel of real estate located […]
Appeal Route From Article 6 Probate Court In Spence v. Dep’t of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed as a hospital inpatient. Spence sought review after the Department sought an order of continued hospitalization of Spence pursuant to OCGA § 37-3-83. On April 18, 2019, the […]
In In re Estate of Jenkins, 358 Ga. App. 254 (2021), the ward (Shaun Jenkins) sustained profound injuries as an infant due to malpractice. Jenkins received a settlement giving him annual income of $337,000 (or about $28,000 per month). The probate court limited the Conservator’s spending to $17,000. In 2019, the Conservator purchased a disabled-accessible […]
Venue, as a general matter, indicates where (in which court) a legal matter should be filed. It is sometimes confused with subject matter jurisdiction and, because certain venue provisions appear in Georgia’s constitution, venue occasionally becomes a jurisdictional question in Georgia. Usually, though, jurisdiction indicates which court a legal matter should be filed in, such […]
The following language was used in a contract dispute where a Motion for Summary Judgment was filed in Superior Court: “The standard on motion for summary judgment is whether any genuine issue of material fact exists and, if not, whether the moving party is entitled to judgment as a matter of law. See O.C.G.A. § […]
Georgia has adopted the Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act. See O.C.G.A. § 29-11-1. et seq. That means, if you have a Georgia guardianship that needs to move to another state, or if you are in another state and you need to move a guardianship to Georgia, we have a procedure for making […]
