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  • Glass et al. v. Faircloth et al.

    Publication Date: 2024-04-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Letitia McDonald, Lohr Beck-Kemp, Peter Diaz, (King & Spalding LLP), Atlanta, Robert Reeves, Thomas Tate, Robert Thomas, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Nathan Hovey, (Georgia Department of Law), Atlanta, Mandi Goodman, Atlanta, for appellant.
    for defendant: Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, J. Randolph Evans, Derek Centola, (Squire Patton Boggs), Atlanta, James Lamberth, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Dara Mann, (Squire Patton Boggs LLP), Atlanta, James Manley, Jill Kuhn, (Troutman Sanders LLP), Atlanta, Zachary Johnson, (Georgia Department of Law), Atlanta, Charli Davis, Atlanta, for appellee.
    Case Number: A23A1402

    Court reverses injunction for former trustees' legal fees in Trust dispute, and affirms that no reimbursement of fees paid to former trustees is required

  • In re Estate of Anne Smith Florance, Deceased

    Publication Date: 2024-03-21
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Andrew Flake, Jennifer Shelfer, (Arnall Golden Gregory LLP), Atlanta, for appellant.
    for defendant: Daniel Diffley, Marguerite Miller, (Alston & Bird, LLP), Atlanta, Valerie Mincey, Chipley, Desiree Polmear, Tampa, Melanie Allen, Panama City, for appellee.
    Case Number: A23A1491

    Court reverses trial court decision that had denied a motion to reject a niece's standing to contest a will, finding that she had no pecuniary interest in the decedent's estate and therefore had no standing

  • In re Bessie Mae Blake.

    Publication Date: 2024-03-15
    Practice Area: Elder Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Lester Johnson, (Attorney at Law), Savannah, for appellant.
    for defendant: Nancy DeVetter, (DeVetter Law Firm), Tybee Island, Mara Block, (DeVetter Law Firm), Savannah, for appellee.
    Case Number: A23A1397

    Court vacates order on conservator's breach of fiduciary duties and remands for determination of appointment of personal representative and potential guardian-ad-litem for decedent's estate

  • Davis v. The Estate of James Leslie McClain III

    Publication Date: 2023-12-19
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Patterson, (The Law Office of Brian V. Patterson, LLC), Athens, for appellant.
    for defendant: Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee.
    Case Number: A23A1222

    Court affirms summary judgment in dispute over a will provision, finding that the will created a tenancy in common because it did not use the requisite language to create a joint tenancy

  • Lawson v. Weidman

    Publication Date: 2023-12-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Iasiah Jones, (Jones Legal Practice, LLC), Lawrenceville, for appellant.
    for defendant: Albert Myers, (Albert A. Myers III PC), Conyers, for appellee.
    Case Number: A23A1259

    Court dismisses part of appeal to a temporary injunction to the extent it related to property and affirms a trial court ruling that set aside a quitclaim deed to that property

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Felts et al. v. Thaxton

    Publication Date: 2023-11-30
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Huestis, Amy BeMent, (Blasingame Burch Garrard & Ashley, PC), Athens, for appellant.
    for defendant: Thomas Camp, (Attorney at Law), Athens, Susanne Burton, Lexington, for appellee.
    Case Number: A23A0662

    Court affirms in part and reverses in part a directed verdict against a party's challenge to an annuity beneficiary change, finding that the jury should evaluate an undue influence claim

  • In re Bruni

    Publication Date: 2023-11-14
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, James Morton, (Attorney at Law), Atlanta,for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellee; Mercedes Murrell, (Attorney at Law), Atlanta, for other party.
    Case Number: A23A1099

    Court dismisses appeal to conservatorship orders because it lacked jurisdiction, given that the orders were not final and proceedings remained pending. In the probate court

  • In re Estate of Marvin Mobley, Jr., Deceased

    Publication Date: 2023-10-18
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Wesley Taulbee, (Clay Taulbee & Myers, LLC), Statesboro, for appellant.
    for defendant: Nancy DeVetter, (DeVetter Law Firm), Tybee Island, for appellee; Julianne Glisson, (Weiner Shearhouse Weitz Greenberg & Shawe LLP), Savannah, Joshua Mobley, Alexandria, Kiondra Mobley, Yigo, Marion Mobley, Savannah, for other party.
    Case Number: A23A0827

    Court affirms probate court order that two adult children did not prove by clear and convincing evidence that a decedent who died intestate was their father

  • In re Estate of T. M. N., a Child

    Publication Date: 2023-10-16
    Practice Area: Family Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Donsbach, (Donsbach Law Group, LLC), Martinez, for appellant.
    for defendant: Carrie Markham, (Rosenzweig, Jones, Horne & Griffis, P.C.), Newnan, Danielle McRae, (Upson Probate Judge), Thomaston, LeAnne Gilbert, (Gaslowitz Frankel LLC), Atlanta, Timothy King, (Hodges, McEachern & King), Peachtree City, for AM.
    Case Number: A23A1581

    Court reverses a probate court order that had restricted a mother, who was also a child's conservator, from using estate income to pay for the child's expenses

  • In re Jerry W. Sessions, Deceased

    Publication Date: 2023-05-01
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Charles Lane, (Met Lane & Associates, P.C.), Carrollton, for appellant.
    for defendant: Eric Abney, (Law Offices of Eric S. Abney, P.C.), Carrollton, for appellee.
    Case Number: A23A0352

    Court affirms probate court judgment that awarded a life estate of a certain value to a surviving spouse where her husband had died intestate