EDUCATION
EMORY UNIVERSITY SCHOOL OF LAW
Juris Doctor. Emory Law Journal; Managing Editor.
THE UNIVERSITY OF VIRGINIA
McIntire School of Commerce, Bachelor of Science in Commerce, Finance Concentration.
FOCUS OF PRACTICE
Trust, Estate and Probate Litigation: Prosecution and defense of breach of fiduciary duty claims against executors and trustees, will contests, declaratory judgment actions, and other controversies arising out of the administration of trusts and estates. Representation of petitioners and proposed wards in adult guardianship and conservatorship proceedings. General representation of fiduciaries in administration of estates and trusts and in resolving disputes outside litigation.
Business Litigation: Prosecution and defense of business cases of all types including breach of contract, business torts, breach of fiduciary duty, shareholder litigation, insurance coverage, and real estate matters.
Trial and Appellate Work: Representation of clients in all State and Federal trial and appellate courts and in arbitration and mediation; first chair jury and non-jury trial experience; preliminary injunctions, temporary restraining orders, and other equitable relief.
Formerly a partner at Hawkins & Parnell, LLP. Rated AV by Martindale-Hubbell.
SAMPLE REPRESENTATIONS
Lead trial counsel for mentally incompetent beneficiary of $16 million estate and three trusts established for his care in suit against bank executor/trustee for breach of trust, breach of fiduciary duty, fraud, and other claims. After four-week jury trial, beneficiary and his three siblings awarded $1.8 million.
Lead counsel for a large materials sub-contractor in defense of a federal action by general contractor for breach of contract, breach of warranty, fraud, negligence, and attorney’s fees.
Obtained summary judgment on four of five claims, and settled remaining claim on favorable terms.
Lead counsel for administrator of multi-million dollar estate in pursuit of declaratory judgment action involving thirty-six beneficiaries, multiple alleged unenforceable bequests, and application of the cy pres doctrine. Case settled on all issues, and administrator awarded maximum fee and granted complete discharge from liability.
Defended owner of major shopping center in federal action for breach of contract to sell shopping center, breach of warranty, fraud and attorney’s fees. Claims brought when environmental contamination was discovered prior to closing. Summary judgment granted on all contract and warranty claims, and remaining claims settled for nominal amount.
Lead counsel for 93-year old proposed ward with large estate in guardianship and conservatorship proceeding brought by niece and nephew-in-law whose interest in proposed ward’s trust estate was recently reduced. Case resolved favorably upon Probate Court’s appointment of proposed ward’s trustee and attorney-in-fact as conservator.
Lead counsel for real estate agency in defense of fraud and negligence claims arising out of alleged fraudulent scheme to inflate value of homes artificially through sham transactions involving “straw man” purchasers. Trial court granted summary judgment on all claims and Georgia Court of Appeals affirmed. Brooks v. Dime Savings Bank, 217 Ga.App. 441, 457 S.E.2d 706 (1995).
Lead trial counsel for adult children of proposed ward suffering from dementia and memory loss and subject to exploitation by caregivers. Trial court appointed adult children as Guardian and Co-Conservators at conclusion of trial.
Represented psychologist in defense of malpractice action arising out of psychologist’s opinion that plaintiff had molested his son. Trial court granted summary judgment in favor of psychologist on all claims, and Georgia Court of Appeals affirmed in decision in which it adopted definition of ‘good faith’ in context of child abuse reporting statute. Michaels v. Gordon, 211 Ga. App. 470, 439 S.E.2d 722 (1993).
Lead counsel for trustee in defense of a superior court action for breach of trust and breach of fiduciary duty brought by trust beneficiary, and in subsequent probate court action for declaratory judgment brought by second trust beneficiary. Resolved both cases on very favorable terms requiring no payment of monies to beneficiaries, and payment of all of trustee’s attorney’s fees by third parties.
Co-appellate counsel for lawyer in declaratory judgment action brought by insurer arising out of denial of coverage on legal malpractice claim. Trial court had granted summary judgment for insurer, but Georgia Court of Appeals reversed. Joseph v. Certain Underwriters at Lloyd’s London, __ Ga. App. __, 844 S.E.2d 852 (2020).
Represented a southern banking corporation in defense of federal action for breach of fiduciary duty and violations of the state and federal RICO statutes. District Court granted motion to dismiss all claims for lack of personal jurisdiction. Eleventh Circuit affirmed, and U.S. Supreme Court denied Petition for Writ of Certiorari.
Lead counsel for trust beneficiary in action against national banking association to terminate trust. Case resolved when trustee agreed to terminate trust and disburse trust funds to beneficiary in exchange for releases from all beneficiaries.
Counsel for real estate agency and agent in defense of claims for fraud and violations of the Fair Business Practices Act arising out of sale of 111-acre cattle farm. Trial court granted summary judgment on all claims and Georgia Court of Appeals affirmed. Condon v. Kunse, 208 Ga. App. 856, 432 S.E.2d 266 (1993).
Lead counsel for Savannah trucking company and three employees in defense of a case brought by competitor for misappropriation of trade secrets, tortious interference with contract, and breach of fiduciary duty. After two-day hearing on Motion for Preliminary Injunction, case resolved on favorable terms through mediation.
Lead counsel for title insurance company in defense of coverage claim based on fact insured property was listed on federal government’s National Priorities List of toxic waste sites. United States District Court granted summary judgment to company on all claims.
Lead counsel for executor of closed estate in declaratory judgment action concerning allocation of multi-million dollar settlement of product liability suit arising out of circumstances of testator’s death between estate, estate beneficiaries, and excluded heir. Funds had to be allocated among wrongful death, pain and suffering, loss of consortium, and other claims, and case settled on terms favorable to estate.
Lead counsel for insurance agency and agent in defense of action for fraud, negligence, and violation of Georgia insurance regulations arising out of denial of the plaintiff’s claim on $1,000,000.00 key man life insurance policy. Trial court granted summary judgment to agency and agent on all claims, and subsequently dismissed the plaintiff’s appeal.
Lead counsel for municipality defending developer’s federal claim for unconstitutional taking, injunctive relief, and money damages arising out of municipality’s refusal to rezone 38-acre tract for apartment use. District Court granted summary judgment on all claims and case settled for nominal amount pending appeal.
Lead counsel for financial planner in defense of federal action for negligence, fraud, breach of fiduciary duty under ERISA, and violation of federal securities laws arising out of sale of profit-sharing plan. District Court granted summary judgment on three of four claims, and fourth claim settled on favorable terms.
Counsel for numerous personal representatives in estate administration in various probate courts throughout Georgia.