On March 4, 2022, the Georgia Court of Appeals decided In re Estate of Elinor J. Ferrell (A21A1361). There, Alvin Ferrell filed a Petition to Probate his mother’s Will. His siblings filed a caveat (an objection) contesting the Will. The Caveators contested probate of the will asserting that (1) the Decedent was “not of the […]

In In re Estate of Cornett, 357 Ga. App. 310 (2020), Sarah Cornett was appointed successor Executor over the Will of her deceased husband, George Thomas Cornett, Jr. (“Tom”). Tom had five surviving adult children. Sarah appealed after she was removed as Executor and ordered to return certain estate assets and to pay certain funds […]

Plaintiff filed suit in State court against Centre Pointe HRC, SBK Capital and Life Care Centers of America, alleging violations of Florida statutory rights. Defendants removed the case to federal court based on diversity. After Plaintiff filed a motion to remand, all defendants consented to remand. The motion before the court was for attorney’s fees, […]

Defendants appealed judgment against nursing home and the patient’s compensation fund because judgment was improperly modified, because it did not limit medical malpractice liability of a qualified health care provider to $100,000 and because it did not provide that fund was not liable for violations of nursing home resident rights bill. Court of appeals found […]

Plaintiffs moved for JNOV after the jury failed to award wrongful death damages and allocated 70% of damages to the ambulance service that had previously been settled. The trial court modified the award by increasing medical expenses and funeral expenses to reflect the actual damages evidenced at trial. The trial court also awarded 40% of […]

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