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)

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

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