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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 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 Muscogee County Probate Court entered an order […]

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 […]

Two Defendants appealed from the trial court’s denial of a motion to dismiss for lack of personal jurisdiction. The appealing Defendants had filed affidavits alleging that they did not conduct business in Florida, were not licensed to do business there and did not maintain offices there. They alleged they did not manage or operate the […]

Plaintiff filed suit alleging that Defendants participated in an unlawful scheme to fraudulently convey Beverly’s assets through a merger transaction to avoid paying civil judgments. Defendants moved to dismiss. The court found that Mississippi’s long arm statute did not reach the Defendants and granted the motion.

After Defendant removed the case to federal court, Plaintiff alleged it should be remanded because the amount in controversy did not exceed $75,000. The Court held that remand is not appropriate unless the Plaintiff can show that, at the time of removal, the amount in controversy did not exceed $75,000. Post-removal documentation regarding the amount […]

Defendant removed State Court action for negligence alleging there was federal jurisdiction because a federally appointed receiver was operating the nursing home. Relying on Gay v. Ruff, 292 U.S. 25 (1934), the court found that federal appointment of a receiver, without more, does not confer federal jurisdiction. Plaintiff’s motion to remand was granted.

Plaintiff sued the nursing home, its owner (an LLC) and the individual manger of the LLC. The manager was not a Florida resident and moved to dismiss the complaint on personal jurisdiction grounds. The manager contested each allegation that he was subject to jurisdiction in Florida, shifting the burden back to the Plaintiff. The Plaintiff […]

The personal representative of the resident’s estate sued multiple corporations for nursing home negligence including Residence Healthcare, a foreign corporation. Residence Healthcare moved to dismiss for lack of personal jurisdiction. Plaintiff is first required to demonstrate that the long-arm statute reaches the defendant; if so, then the court determines whether minimum contacts exist. In this […]

EZ Elder Law

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 […]

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