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  • Estate of Suddeth v. Williams

    Publication Date: 2022-12-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: William Waters, (Ballard, Stephenson & Waters), Covington, for appellee.
    Case Number: A22A1503

    Court reverses order of contempt against an estate administrator where only the decedent had been responsible for the contemptuous conduct

  • West v. Miller et al.

    Publication Date: 2022-11-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: Michelle Chaudhuri, (Attorney at Law), Conyers, Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier, LLC), Watkinsville, Adam Rosenberg, (Rennie & Rosenberg), Watkinsville, Brian Toney, (The Law Office of Alan Toney), Macon, Matthew Miller, Madison, for appellee.
    Case Number: A22A1122

    Possible Closest Heir's Timely Motion to Intervene in Will-Construction Case Should Have Been Granted

  • Brown et al. v. Brown

    Publication Date: 2022-10-21
    Practice Area: Creditors' and Debtors' Rights | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: William Bost, (Greenfield, Bost & Kliros, P.C.), Atlanta, for appellant.
    for defendant: Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP), Atlanta, for appellee.
    Case Number: A22A0972

    Court affirms summary judgment in favor of a trustee in a debt-collection action where appellants sought to raise a question of fact on waiver of collection efforts

  • Chambers v. Edwards

    Publication Date: 2022-10-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Donell Holiday, (Law Office of Donell Holiday), Atlanta, for appellant.
    for defendant: Kristin Bloodworth, (Attorney at Law), Augusta, Eric Wilborn, (Stewart, Melvin & Frost LLP), Gainesville, for appellee.
    Case Number: A22A0775

    Court affirms dismissal of action for tortious interference by one heir of an estate against another because the action was barred by res judicata

  • Slosberg v. Giller, et al.

    Publication Date: 2022-07-29
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Frederick Skip Sugarman, Matthew Greer Hawk, (Sugarman Law, LLP), Atlanta, for appellant.
    for defendant: Tyler Charles Dixon, (Raiford & Dixon, LLC), Atlanta, Leah Ward Sears, Sasha Nina Greenberg, (Smith, Gambrell & Russell, LLP), Atlanta, for appellee; Timothy Kyle King, (Hodges, McEachern & King), Peachtree City, Nikola R. Djuric, (Djuric Spratt P.A.), Atlanta for Amicus Appellant.
    Case Number: S21G1226

    No-Contest Clause Did Not Bar Undue-Influence Claim Against Trust Instrument

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  • Matabane v. Whatley

    Publication Date: 2022-06-21
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alonzo Nelson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Lynn Whatley, (Whatley & Associates, PC), East Point, for appellee.
    Case Number: A22A0152

    Court vacates dismissal order of a party's action for a partition of inherited property and remands for consideration of that party's request for a partition-in-kind

  • Morse et al. v. Suntrust Bank, N.A. et al.

    Publication Date: 2022-06-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Sheppard, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: John Sugg, (Davis Matthews & Quigley PC), Atlanta, Thomas Cauthorn, (Cauthorn Nohr & Owen), Marietta, Justin O'Dell, Leslee Hungerford, Nicholas Booth, (O'Dell & O'Neal), Marietta, Roy Paul, (Meyer & Sayers, LLP), Savannah, W. Settle, (Thomas & Settle), Waycross, Clay O'Daniel, Keith O'Daniel, (O'Daniel McDonald, LLC), Atlanta, for appellee.
    Case Number: A22A0200

    Court concludes that adopted adults are proper beneficiaries of a Will that established trusts for grandchildren of its beneficiaries

  • The Coastal Bank v. Rawlins et al.

    Publication Date: 2022-05-02
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Glen Darbyshire, Andrew Dekle, (Bouhan Falligant), Savannah, for appellant.
    for defendant: Brent Savage, (Savage Turner & Pinckney PC), Savannah, Brent Savage, (Attorney at Law), Savannah, for appellee.
    Case Number: A22A0286

    Court affirms denial of a bank's motion for attorney's fees and costs in a matter over disputed payments, finding that the bank did not make a good faith settlement offer

  • Somani et al. v. Cannon et al.

    Publication Date: 2022-04-28
    Practice Area: Civil Procedure | Trusts and Estates | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: John Blair, Austin Hammock, (Levy Sibley Foreman & Spier LLC), Columbus, for appellant.
    for defendant: Stephen Carter, Kimberly Higginbotham, (The Gordon Law Firm, Attorneys at Law, LLC), Hartwell, for appellee.
    Case Number: A22A0536

    Minor's Wrongful Death Claims Were Not Time-Barred Following Earlier Law Suits

  • Willis v. Cheeley

    Publication Date: 2022-04-13
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Craig Frankel, Adam Gaslowitz, Luke Caselman, (Gaslowitz Frankel LLC), Atlanta, for appellant.
    for defendant: Walter Hamberg, (The Hamberg Law Firm LLC), Atlanta, for appellee.
    Case Number: A21A1730

    Action Not Justiciable Where Resolution of Dispute Would Have No Legal Effect on Parties' Conduct