GA Judgment PARTIALLY REVERSED on remand for consideration of attorney’s fees in parties’ divorce case, as trial court exceeded its discretion in modifying final divorce decree with regard to award to wife of percentage of parties’ retirement plans; final decree valued wife’s “retirement funds according to the date of transfer with-out any mention of specific dates” and valuation adopted by trial court on remand was contrary to final decree.

Leggette v. Leggette, S09A1503 (11/09/09)

From:  Fulton County Daily Report (11/20/09)

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 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)

Judgment partially reversed in parties’ divorce case;  trial court erred in concluding severability clause in divorce decree and is ordered to strike that language from judgment on remand;  remaining portions of trial court’s judgment, affirmed; trial court had authority to strike husband’s jury trial demand as proper sanctions for his willful refusal to participate in specially set trial; language in divorce decree regarding treatment of $200K lump sum property division as alimony in event husband files bankruptcy prior to paying amount in full did not change name of award;  trial court did not err under 19-6-2 in including wife’s attorneys’ fees for appellate proceedings during pendency of litigation in its fee award.

Kautter v. Kautter, S09F0958 (10/19/09).

Dismissal with prejudice of plaintiff’s complaint and award of attorneys’ fees to defendant, VACATED, as res judicata did not bar plaintiff’s action; Court previously reversed grant of declratory judgment to defendant in McLeod v. Clements, A09A0632 (06/25/09), 09 FCDR 2226 (07/10/09), because plaintiff was not provided with statutory notice per OCGA 9-4-5, so declaratory judgment hearing and decision was nullity and there was no legitimate litigation of issues in first action; award of attorneys’ fees to defendant based on plaintiff’s’ “wanton disregard of the judicial process”‘ infiling second action was improper.

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

McLeod v. Clements, A09A1256 (09/21/09), 09 FCDR 3091

Attorneys:  R. Jerry McLeod (pre se), Stephen R. Sullivan

Judges: Richard M. Coward, Brooks Superior Court;  Georgia Court of Appeals:  Barnes, Miller, Andrews

Award of attorney’s fees to wife in parties’ divorce action, VACATED; because the trial court failed to state statutory provision it relied upon and failed to set forth facts supporting award under either OCGA 19-6-2 or OCGA 9-15-14.

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

O’Keef v. O’Keef, S09F1368 (09/25/09), 09 FCDR 3042

Attorneys:  Miles W. Rich, Pamela L. Tremayne

Judges: Bensonetta Tpton Lane, Fulton Superior Court; Supreme Court of GA:  Melton

Order requiring plaintiff to pay attorneys’ fees to defendants for discovery violations and his failure to comply with trial court order compelling discovery, AFFIRMED; trial court had jurisdiction over matter pursuant to OCGA 9-15-14(e), even after plaintiff voluntarily dismissed his lawsuit, since that statute authorizes party to move for attorneys’ fees up to 45 days ‘ “after the final disposition of the action;”‘.  Plaintiff’s improper conduct during discovery here obligated defendants to seek trial court’s intervention and thn, even after trial court intervened, defendant disregarded order compelling his cooperation, causing the defendants needless expense; present circumstances do not thwart intended purpose of OCGA 9-11-41(a).

Hart v. Redmond Reg’l Med. Ctr.; A09A1277 (09/11/09).

From:  Fulton County Daily Report 9/25/09.

Lawyers:  Jeffrey W. Duncan, Kevin P. Race, Moses Kim.

Judges:  J. Bryant Durham, Floyd Superior Court; Appellant Judges:  Bernes, Smith, Phipps.