Buford, GA
Family Lawyer at Buford, GA
Practice Areas: Family, Litigation ... +2 more
OUTCOME:
Limitation of Damages: There is no claim for consequential damages from defective machinery due to a contractual limitation of damages in commercial goods.
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Agency: Assumption of debt incurred by agent in real estate transaction may be shown by written agency agreement executed after the transfer of the property.
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Real Estate/Condemnation: In a government land condemnation case, the prejudgment interest rate compensates the property owner for the use of funds generated in a condemnation action, not for the use o ... f the property condemned. A property owner seeking to set aside a plat filed by the state in a proceeding collateral to the condemnee’s case should file a separate action to quiet title. Property owner is not allowed to assert a counterclaim for tort damages in a condemnation action.
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Child Support Guidelines: Successfully upheld the trial court’s decision refusing to award a reduction in child support based on parent’s request for parenting time deviation. This was one of the first ... cases decided under Georgia’s child support guidelines effective in 2007.
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Privity/Claim: Obtained dismissal of the contract claim against the client, because the claimant was not a party to the contract. The negligence claim was also dismissed because one cannot recover for ... loss of the economic value of a defective product under the circumstances.
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Employment/Group Insurance: The trial judge’s grant of summary judgment to the employer was successfully reversed on behalf of the employee client. The employee could recover against her employer for b ... reach of contract and for breach of duty for the employer’s failure to inform her that her group health insurance policy had terminated and that her pre-existing condition would not be covered under the replacement policy.
OUTCOME:
Frivolous Litigation: Successfully obtained dismissal of frivolous case in trial court, which was upheld by the Court of Appeals.
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DFCS deprivation cases: . In the Interest of B. G., 238 Ga. App. 227, 518 S.E.2d 451 (1999). In the Interest of S. S., 232 Ga. App. 287, 501 S.E.2d 618 (1998). In the Interest of B. G., 225 Ga. App ... . 492, 484 S.E.2d 293 (1997). In the Interest of M. R., 213 Ga. App. 460, 444 S.E.2d 866 (1994). In the Interest of M.C.A.B., 207 Ga. App. 325, 427 S.E.2d 824 (1993). In the Interest of D. R. C., 198 Ga. App. 348, 401 S.E.2d 754 (1991). In Interest of E. R. D., 172 Ga. App. 590, 323 S.E.2d 723 (1984).
OUTCOME:
Alimony/Property Division/Modification of Support: Whether a periodic payment is alimony and subject to modification, or is a property division and not subject to modification, can depend on whether th ... e gross amount is specified in the decree. As a result of this case, courts can modify a group award of support into an individual award if there is a change in financial condition. (wrote brief while in law school).
OUTCOME:
Custody Standard: In a child custody contest between a parent and a third party, the trial court must find parental unfitness to authorize removing custody. The ability of a parent to raise his or her ... child may not be compared to the superior fitness of a third person (i.e., the “best interest of the child” test).
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