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Quarterman v. Cullum

Pretermitting whether the defendant attorney in a legal malpractice action was negligent in failing to depose the plaintiff's brother for a probate case, the plaintiff failed to put forth evidence to create a jury issue as to causation.

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Kenneth B. Quarterman filed a legal malpractice case against John M. Cullum. Quarterman appeals following the grant of summary judgment to Cullum, alleging multiple enumerations of error. For the reasons that follow, we affirm. This case arises out of protracted litigation between Quarterman and his brother, Alan Quarterman “Alan”, regarding the will and estate of their mother, Helen B. Quarterman “Helen”, following her death in 1990.1 “On March 13, 1990, Alan, as the named executor of his mother’s estate, filed a petition to probate her last will and testament. On March 23, 1990, Quarterman filed a caveat to the petition alleging that his mother did not freely and voluntarily execute the will because 1 she lacked the capacity to make a will, and 2 Alan exercised undue influence over her.”2

Quarterman retained Cullum to represent him in the probate case in 1996. Shortly thereafter, the probate court entered a pretrial order nunc pro tunc to August 9, 1996, granting an additional 60 days from the date of the order for the parties to conduct discovery and granting Quarterman the opportunity to file a motion to depose Alan “upon a showing of good cause.” Cullum did not move to depose Alan until after the extended discovery period expired. On October 21, 1996, the probate court granted summary judgment to Alan, and Helen’s will was admitted to probate in solemn form. The Georgia Supreme Court subsequently affirmed the grant of summary judgment to Alan.3

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