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  • Shoenthal et al. v. Dekalb County Employees Retirement System Pension Board et al

    Publication Date: 2017-10-26
    Practice Area: Attorney Compensation
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Christopher Anulewicz, Brooke Gram (Balch & Bingham LLP), Atlanta, for appellant.
    for defendant: Barry Zimmerman (Zimmerman & Associates), Norcross; Richard Gignilliat, Stanford Wilson, Sydney Hu (Elarbee Thompson Sapp & Wilson LLP), Atlanta; Richard Escoffery (ACS Group), Duluth, for appellee.
    Case Number: A17A1065

    The trial court erred in awarding attorney fees to defendant under O.C.G.A. 9-15-14 because plaintiffs' claims regarding the distribution of their late father's pension benefits were not frivolous, plaintiffs did not lack substantial justification for bringing their claims and those claims did not suffer from a complete absence of any justiciable issue of law or fact.

  • Robert H. McNair, As Co-Executor of The Estate of W. O. McNair v. Richard

    Publication Date: 2017-10-18
    Practice Area: Attorney Compensation | Trusts and Estates
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Stuart Walker, Amy Fletcher (Martin Snow, LLP), Macon, for appellant.
    for defendant: Cheryle Bryan (Attorney at Law), Ashburn; William Gregory (Attorney at Law), Vienna; Dustin Land (Bryan and Land, LLC), Ashburn, for appellee.
    Case Number: A17A0961

    The trial court erred in awarding attorney fees to appellant in a will contest because the superior court made several findings of fact based on conduct that occurred while the case was under the jurisdiction of the probate court, prior to the appeal of the probate court's order to the superior court, and there was nothing in the record to show that motions appellant's counsel filed lacked merit or were frivolous and no evidence to support a finding that appellant conducted himself improperly in the superior court, unnecessarily expan

  • Autozone, Inc. et al. v. Mesa

    Publication Date: 2017-09-27
    Practice Area: Attorney Compensation
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Thomas Beauchamp (McAngus Goudelock & Courie LLC), Atlanta, for appellant.
    for defendant: Paul Balducci (Attorney at Law), Augusta, for appellee.
    Case Number: A17A1294

    The superior court exceeded its authority when it substituted itself as the factfinder in lieu of an administrative law judge and the State Board of Workers' Compensation and reversed the Board's ruling, which denied certain benefits to the claimant.