Grant of wife’s petition for temporary family violence protective order against husband pursuant to Family Violence Act, affirmed, as any discrepancy between trial court’s oral pronouncements and written judgement must be resolved in favor of written judgment, and O.C.G.A. § 19-13-4 does not require that family violence protective order include written findings of fact and conclusions of law; record belied husband’s contention that trial court authorized wife’s attorney to decide amount of child support award, as standardized form order contained handwritten language and deletions made by trial court; trial court did not err in concluding that it had no authority to direct clerk of court to withhold transmission of family violence protective order to Georgia Protective Order Registry because language of O.C.G.A. § 19-13-53 (b) required such transmission, without exception, and trial court did not have discretion to convert family violence petition into civil restraining order in parties’ divorce action.

Birchby v. Carboy, A11A1355 (08/29/11)

Fulton County Daily Report, September 9, 2011

Juvenile court’s order regarding terminating temporary guardianship of minor children by their grandmother, reversed; trial courts are required to make written findings of fact and conclusions of law in all non-jury trials; because guardianship is similar to custody and written findings are required in contested child custody cases, juvenile court erred by failing to make written findings of fact and conclusions of law.

In the Interest of A.R., A11A0147 (06/09/11)

Fulton County Daily Report, June 24, 2011

Final judgment and decree of divorce mandating that husband and wife be equally responsible for any tax liability from wife’s photography business and specifying exact dollar amounts for mimimum gross receipts and profiest to be reflected on wife’s business’s amended tax returns, PARTIALLY REVERSED AND CASE REMANDED; state courts generally are not authorized to impose income tax liability, and any determination in this case that parties were jointly and severally liable was premature because of husband’s contested claim that he qualifies as innocent spouse, trial court erred because it alked accurate and complted documentation and other evidence necessary to calculated such amounts.

Trial court’s attempt to change order on legitimation petition from dismissal with prejudice to dismissal without prejudice, REVERSED; changing order in subsequent term of court from dismissal with prejudice to dismissal without prejudice was not clerical error but substantive change not authorized under Georgia law.

Ivery v. Brown, A10A2298 (02/07/2011)

From:  Fulton County Daily Report, February 25, 2011.

Denial of mother’s petition seeking modification of custody of parties’ child, AFFIRMED; father’s nolo plea to third degree child crueltry in 2008 neither established as matter of law, nor provided any evidence, that father committed act of criminal creulty toward child and, under O.C.G.A § 17-7-95 (c), trial court lacked authority to even consider fact that father entered plea; after considering evidence and detailed report of guardian ad litem, trial court properly concluded that father had not cruelly treated child such that material change in conditition warranted change of custody.

Vaughn v. Stafford, A10A2166 (10/20/10), 10 FCDR 3409

From:  Fulton County Daily Report, 11/05/2010.

Grant of summary judgment to appellee AFFIRMED in appellant’s action for declaratory judgment and mandamus, alleging that DFACS improperly placed him on child abuse registry, after entering into safety plan with his wife, following allegations of child abuse; trial court did not err in ruling that appellant could not attempt to use mandamus and declaratory judgment to essentially relitigate and overturn custody decisions, which divorce court entered; proper means to address custody would be to file appropriate appeal or motions for modification of custody in divorce court; in any event appellant’s claims were based on provisions of O.C G. A. § 49-5-180 et. seq., which Court in State v. Jackson, 269 Ga. 308 (1998), struck down in its entirety, including child abuse registry.  Jenkins v. Walker, S10A0907 (09/20/10), 10 FCDR 3009.

Jenkins v. Walker, S10A0907 (09/20/10), FCDR 3009

From:  Fulton County Daily Report, 10/1/2010

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)