Judgment affirmed in Silman v. Assocs. Bellemead, 294 Ga.App. 764 (2008); phrase, potential for litigation, in Baxley v. Hakiel Insudtried, 282 Ga. 312 (2007), refers to litigation that is actually contemplated or pending and nothing more;  Baxley reaffirmed proposition that ‘ “spoliation refers to the destruction or failure to preserve evidence that is necessary to contemplated or pending litigation.” ‘

Silman v. Associates Belemead, S09G0490 (10/19/09).

Fulton County Daily Report, 10/30/2009.

Trial court does not abuse its discretion in admitting videotape of child’s (victim’s) forensic interview, when interviewer develops rapport with child, does not attempt to influence child, asks open-ended questions and followed most widely-used forensic technique in country.

Brown v. State, A09A0894 (10/07/09)

Attorneys:  Anne L. Watson, Travis Anton Williams, Lee Darragh, Wanda Lynn Vance

Judges:  David Burroughs, Hall Superior Court; Phipps, Bernes, Adams, Georgia Court of Appeals

Order of ajudication and grant of custody to paternal grandparents REVERSED AND VACATED  as juvenile court erred in granting service by publication on childen’s mother; paternal grandparents had available communication channels through which they could have notified mother of hearing, but failed to do so, and juvenile court also failed to place any burden on paternal grandparents to determine what notice they had given her; juvenile court lacked personal jurisdiction over mother based on its improper grant of service by publication and erred in failing to set aside its ajuduication order when mother’s physical location was known and no one attempted to personally serve her.

From:  Fulton County Daily Report (10/23/2009)

Taylor v. Padgett, A09A1384 (10/06/09), 09 FCDR 3247

Attorneys:  Shawn D. Bible, John S. Husser

Judges:  J Michael Giglio, Catoosa Juvenile Court; Miller, Andrews, Barnes, Georgia Court of Appeals

Order incarcerating appellant for contempt arising from her divorce decree, REVERSED, as trial court erred in incarcerating appellant based only upon letter from opposing counsel asserting that she had not complied with terms of trial court’s October 15, 2008 order – incarceration of contumacious party cannot depend upon mere averments of interested party; res judicata did not bar appellant’s appeal, because she appealed order entered subsequent to her prior appeal.

From:  Fulton County Daily Report (10/16/09)

Bauman v. Humphries, A09A1096 (09/29/09), 09 FCDR 3185

Attorneys:  David Cole, Allen W. Bodiford

Judges:  Brian Amero, Henry Superior Court;  Blackburn, Boyle, Adams, Georgia Court of Appeals

Judgment REVERSED in parties’ divorce case; trial court erred in applying discretionary parenting time deviation from presumptive amount of child support without making all required findings under OCGA 19-6-15(c)(2)(E) and (i)(1)(B); under revised child support guidelines, trial court erred in making separate child support award for extracurricular activities, which was outside parameters of Child Support Worksheet; any deviation for special expenses must be included in Schedule E.

From:  Fulton County Daily Report (10/16/09)

Turner v. Turner, S09F1313 (10/05/09)

Attorney:  Pandora E. Palmer, Katherine E. Fagan, Edea M. Caldwell

Judges:  Brian Amero,  Henery Superior Court;  Supreme Court of Georgia, Thompson,

Denial of petition to terminate mother’s parental rights to three children, AFFIRMED, as DFACS failed to present clear and convincing evidence that deprivation was likely to continue; evidence showed that mother had made progress on her case plan, including maintaining housing and employment, undergoing mental health evaluations, completing parenting classes and visiting children; limitation forbidding judge from expressing or intimating his opinion did not apply to termination hearing, since it was not conducted in front of jury.

From:  Fulton County Daily Report (10/9/2009)

In the Interest of D.W., A09A0900 (09/23/09)

Attorneys:  Anissa R. Patton, Waymon Sims, Thurbert E. Baker, Shalen S. Nelson, Robert E. Hall, Victoria Warren

Judges:  George Blau, Fulton Juvenile Court; Georgia Court of Appeals, Smith, Bernes, Phipps

Judgment affirmed in parties’ divorce case; given conflicting evidence, trial court did not abuse its discretion in granting primary physical custody of parties’ children to wife; husband’s objection to trial court’s appointment of woman, who met wife and children, in her role as executive director of children advocacy center, rejected, since trial court appointed woman to evaluate children’s psychological condition and parental relationships, not to serve as children’s guardian ad litem.

From:  Fulton County Daily Report (10/16/09).

Kidd v. Kidd, S09F1350 (10/05/09), 09 FCDR 3145

Attorneys: George M. Saliba II, Phillip N. Golub.

Judges: H. Arthur McLane, Lowndes Superior Court; Supreme Court of GA, Benham

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

Grant of stalking protective order enjoining defendant from harassing, contacting, or coming near plaintiff and her family AFFIRMED, as evidence supported it; defendant contacted plaintiff via abusive emails numerous times and placed her under surveillance on several occasions without her consent and defendant ventured onto property where plaintiff worked after plaintiff told him he was no longer welcome there; frequency and nature of defendant’s contact and surveillance was sufficient to conclude that it was done for purpose of harassing and intimidating plaintiff and put her in reasonable fear for her safety; trial court did not abuse its discretion in excluding testimony regarding events that occurred more than 20 years before events at issue in this case; defendant did not show any harm in trial court’s failure to tender depositions of two of plaintiff’s coworkers into evidence; plaintiff’s need for protective order was not rendered moot due to defendant’s 14 month compliance with stalking ex-parte protective order.

From:  Fulton County Daily Report (10/9/2009)

Thornton v. Hemphill, A09A1928 (09/22/09), 09 FCDR 3089

Attorneys: William H. Turner Jr., Douglas R. Ballard Jr., Jackson, Winifred Hemphill (Pro Se)

Judges: Arch McGarity, Henry Superior Court, Appellant Judges:  Blackburn, Adams, Doyle

A GA juvenile court’s denial of mother’s request for a termination hearing transcript to be used in her appeal is deemed harmless because a transcript is not required to file the appeal and because the transcript and entire record is available for appellate review.

If a juvenile court considers hearsay testimony, and the testimony is not objected to by parent’s Counsel, counsel’s failure to object will not constitute reversible error if other evidence supports the juvenile court’s findings and conclusion.

In the Interest of D.R., A09A0622 (07/07/09)

Judges:  Vincent Crawford, Dekalb Juvenile Court.  Barnes, Miller, Andrews.

For more information contact:  CJ Remboldt