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  • Rutyna v. Schweers

    Publication Date: 2018-01-30
    Practice Area: Expert Witnesses | Legal Malpractice
    Industry: Health Care | Legal Services
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0036

    Trial court abused its discretion in denying appellants request for a continuance after appellants found out that their expert witness was unable to testify less than three weeks before trial and they were unable to secure a competent witness who would have sufficient time to prepare his testimony for trial because the trial court thus determined the outcome of appellants case. Reversed.

  • In Re: Estate of Scarpaci

    Publication Date: 2018-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0066

    Pending divorce action was not a basis for forfeiture of spousal share where grounds for divorce had not been establish where decedent had not filed his affidavit of consent to no-fault divorce, and where decedents removal from marital residence was not spouses refusal to support. Order of the orphans court reversed.

  • Commonwealth v. Sperber

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1901

    Motion to suppress evidence from warrantless search properly denied where parole officers had reasonable suspicion to search parolees person and vehicle due to corroborated tip that parolee possessed an internet-capable smartphone in violation of his parole, and where parolee expressly consented to search. Judgment of sentence affirmed.

  • In Re: Marsh

    Publication Date: 2017-12-19
    Practice Area: Trusts and Estates | Wrongful Death
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1826

    Descendents mere speculation that decedent died from something other than natural causes was insufficient reasonable cause to warrant disinterment of decedents remains. Order of the orphans court affirmed.

  • In Re Estate of Wierzbicki

    Publication Date: 2017-11-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1711

    Orphans court correctly denied appellants claim that decedents transfer of death designation for a bank account was invalid but went too far in finding that the account was a non-probate asset because the court never addressed appellants alternative undue influence claim. Affirmed in part, reversed in part and remanded.

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Commonwealth v. Rotola

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1703

    Trial court erred in imposing mandatory restitution where it was not agreed to on the record by a defendant entering a negotiated guilty plea. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Becker

    Publication Date: 2017-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1657

    The trial court did not abuse its discretion in denying defendant parole out of concern for her unborn child given the substantial evidence of defendants heroin use while pregnant and her failure to seek treatment while previously out on probation. The appellate court affirmed a trial court order denying defendants petition for parole.

  • In Re: Estate of Easterday, deceased

    Publication Date: 2017-10-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1594

    Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Order of the orphans court affirmed.

  • Commonwealth v. Rose

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1559

    Detective erroneously permitted to testify as to meaning of street language where not a participant in the conversation, or qualified as an expert.