On February 1st, Floyd Propst, our long-time friend, partner, mentor, and the best Probate Judge Georgia has ever had, will be transitioning to his solo practice and to care for his beloved wife Laurie.  We are profoundly grateful for the wise counsel, warm fellowship, and honor that Floyd brought to the firm by joining us in 2004 following his 25 years of distinguished service as Fulton County Probate Court judge.  We look forward to our continued collaboration with Floyd on existing and future cases.  We are also proud to announce that the firm name will be Caldwell, Carlson, Elliott and DeLoach, LLP and congratulate Rob Carlson and Chris Elliott as our newest named partners.

Rob Carlson and Lauren Miller obtained summary judgment in favor of their clients in a will contest challenging the disposition of an approximately $2.1 million estate. (In re Estate of Valerie Adams Fleming, Estate No. 2017-0740). The firm’s clients are two beneficiaries of the will, which the testator’s sons challenged on the grounds of lack of testamentary capacity, undue influence, and monomania. Rob and Lauren successfully argued that there was insufficient evidence to invalidate the will, thereby authorizing its admission to probate in the Probate Court of DeKalb County.

Harry MacDougald and Chris Wilkerson, representing an insured, won reversal of a summary judgment that had been granted to the insurer holding there was no coverage in Joseph v. Certain Underwriters at Lloyd’s London A20A0111. The Court of Appeals agreed that the trial court incorrectly relied on certain caselaw and incorrectly concluded there was no question of fact about the insured’s pre-policy knowledge that a claim had been or might later be asserted. The Georgia Supreme Court denied the insurer’s petition for certiorari on March 15, 2021.

In the long running legal malpractice case, Hatcher Management Holdings, LLC v. Alston & Bird, LLP, Harry MacDougald and Jeremy Moeser on behalf of the plaintiff obtained reversal of adverse rulings reducing the jury’s award of $2.1 million in damages. First, the Court held that in a single-defendant case, the defendant’s liability is not reduced for non-party fault. Second, the court held that an award of attorneys’ fees under O.C.G.A. § 13-6-11 was not subject to apportionment. The Court rejected, however, our claim for pre-judgment interest. Cross petitions for certiorari are pending in the Supreme Court.

Chris Wilkerson won a contested hearing in Fulton County Probate Court on behalf of two adult children seeking to become their father’s guardian and conservator.  After hearing lay and expert evidence, the Probate Court appointed one of the firm’s clients as guardian and both as co-conservators, finding that their father had been financially exploited by a caregiver and was subject to exploitation and undue influence from others.