Ignoring a Court Deadline Can Be Costly

Partner Millie Baumbusch was counsel in a recent Georgia case in which the opposing party faced severe sanctions for missing deadlines set by the court. The plaintiffs filed their lawsuit in the Superior Court of Cobb County, seeking a determination by that court regarding the title and security interest in a house. Ms. Baumbusch represented the defendants. During the course of litigation, the defendants served discovery requests on the plaintiffs, seeking documents related to the plaintiffs’ cl...

Georgia Court of Appeals Upholds Fraud and Undue Influence Verdict

Georgia Court of Appeals upholds fraud and undue influence verdict
The Georgia Court of Appeals recently decided another in a long line of cases on the issue of undue influence over a testator (in Prainito v. Smith, 2012 WL). As is the rule in Georgia, undue influence can be proved by circumstantial evidence, particularly when the subject, in a weakened state, is under the dominion of a strong influencer. Undue Influence in Prainito v. Smith This recent case involved a grandson who obtained sole possession of assets that his grandmother had intended to bequea...