GA Grant of wife’s motion to set aside default judgment in parties’ divorce case, AFFIRMED, under right for any reason rule; OCGA 19-5-8 prohibits default judgments in divorce, alimony and child custody actions.

Harold v. Harold, S09A1854 (11/09/09)

From:  Fulton County Daily Report (11/20/2009)

Judgment AFFIRMED in parties’ divorce case; trial court correctly avoided any assumption against mother’s relocation to Pennsylvania and did not abuse its discretion in awarding priomary physical custody of parties’ young child to father; trial court had authority to discount any evidence of grandparents’ previous voluntary support of their grandchild, given parties’ substantial incomes.

Haskell v. Haskell, S09F1100 (11/02/09).

From:  Fulton County Daily Report (11/11/2009)

Termination of mother and father’s parental rights and award of custody to DHR, AFFIRMED, juvenile court did not lack jurisdiction to proceed with dispostional hearing, even though parents executed voluntary surrender in favor of maternal great-grandparents on September 15, 2008, since juvenile court’s order, wich was not filed until September 17, 2008, clearly stated that it was nunc pro tunc to September 3, 2008, date of termination hearing; juvenile court did not abuse its discretion in treating great-grandparents’ ages as dispositive factor in dispositional hearing, because juvenile’s court’s duty to consider best interest of child gives court discretion to consider many factors and evidence showed that DHR recommended foster family for child’s long-term placement and child had developed attchements to family.

In the Interest of D.C.H., A09A1557 (11/06/09)

From:  Fulton County Daily Report, 12/4/2009

Order finding child deprived AFFIRMED as evidence supported it; evidence showed that then 5-month-old infant was sexually abused while she was solely in care of her mother and father and mother failed to protect infant from injury.

IN THE INTEREST OF K.L., (a09a1449 (10/21/09)

From:  Fulton County Daily Report (11/06/2009)

GA judgment requiring father to pay $1,639 per month in child support, REVERSED, as trial court erred in failing to hold hearing prior to imposing discovery sanctions and sanctions were unduly severe; trial court excluded critical evidence and/or precluded father from making arguments that were critical to his case; trial court also erred in calculating father’s self-employment gross income, because trial court ignored father’s business expenses and other deductions and fact that he only owned one percent of shares in small construction and remodeling company.

Harrell v. Georgia Dept. f Human Reources ex rel. Harrell, A09A1886 (10/15/09)

From:  Fulton County Daily Report  (11/06/2009)

Ruling that Petitioner is born-out-of-wedlock daughter of decedent and therefore his heir with right to inherit from his estate, AFFIRMED;  DNA testing, which established 99.65% probability that decedent’s biological son and petitioner were half-siblings constituted parentage-determination genetic testing under OCGA 53-2-3,  since test results, along with undisputed fact that petitioner and son did not have same biological mother and that decedent was son’s biological father, demand conclusion that same probability existed that decedent was petitioner’s father; contention that parentage-determination genetic testing under OCGA 53-2-3 is limited to direct comparison of DNA samples taken from born-out-of-wedlock child and deceased putative father rejected.

In re Estate of Warren, A09A1297 (10/08/09)

From:  Fulton County Daily Report (10/30/09)

Award of attorney’s fees, VACATED, for failure to hold required hearing; dismissal of claims, AFFIRMED, as re judicata barred them.

Mays v. City of Fairburn GA.  A09A1960 (10/08/09).

From:  Fulton County Daily Report (10/30/2009)

GA grants family violence protective order against appellant restraining her from communicating with her ex-husband or coming within 100 yards of him, except to drop off or pick up their minor child, AFFIRMED; appellant visited her ex-husband’s place of employment to harass him and left only after he threatened to call police, she told him she could cause problems for him at work, because she knew his boss, she sent him several text messages threatening to have him incarcerated and she had him followed during summer of 2008; sufficient evidence showed that appellant committed predicate act of stalking, which supported entry of protective order pursuant ot OCGA 19-13-1.

Quinby v. Rausch, A09A1816 (10/08/09)

From:  Fulton County Daily Report (10/30/2009)

GA attorney disbarred for violating Georgia Rules of Professional Conduct; attorney failed to file adoption petition for one client after she paid him $900 to represent her in that matter, did not respond truthfully to client about status of matter and misrepresented facts in response to Investigative Panel; in second matter, attorney failed to ensure that his client’s incorporation documents were registered with Secretary of State, moved his office and disconnected his phone and did not respond to Investigative Panel; in third matter, attorney did not return his child support clien’ts full retainer after opposing party paid him full $1500 fee and attorney never provided client with her files or with copies of her court docuemnts; attorney’s prior disciplinary history was an aggravating factor.

In re Kimbrough III, S09Y1580 (10/19/09)

From:  Fulton County Daily Report (10/30/2009)

Attorney disbarred for violating Rules of Professional Conduct; attorney failed to act with reasonable diligence and promptness in representing personal injury client, made false statement to Officer of General Counsel (OGC) after client filed grievance and did not take steps to protect client’s interests after terminating representation; in another case, attorney altered his divorce client’s discovery responses without consulting client, signed client’s name to misleading and inaccurate financial affidavit without authorization, did not refund client’s unearned fees and made false statements to OGC.

In re Eaton, S09Y0704 (10/19/09)