Represented a client whose $20,000.00 diamond was stolen out of her ring when she had two smaller diamonds removed from it to make earrings. She did not learn of the theft until two years after the fact, when the diamond and jeweler were nowhere to be found. We made a claim under her insurance policy, which was denied for failure to report the loss within the time period required by the policy. We successfully argued on summary judgment that a “discovery rule” should have applied with respect to the reporting of the loss and the insurance company paid the claim.
Represented a client suing for lost profits and damages arising out of a three party like-kind exchange and a sale of stock in a funeral home company. Among the issues in the case were the part performance exception to the statute of frauds. I assisted with a jury trial of the issues in the case where our client was awarded damages for lost profits and expenses of litigation. I handled the appellate work when the defendants appealed and the trial court’s decision was affirmed.
Represented the defendant in a paternity action who was ordered to pay temporary child support even though there had been no adjudication of paternity by the trial court. I suggested the only way to be able to take the matter up on appeal, which was to defy the trial court’s order and ask for immediate review of the trial court’s contempt order. I handled the appellate work on the issues in the case and the Georgia Court of Appeals expanded existing law to cover our particular factual scenario.
Represented the owner of an office condominium building in an action by the condominium association attempting to enjoin his use of two reserved spaces that were granted to him by the developer as a part of his sales contract. Successfully argued that since the association had allowed our client to use the spaces for a long period of time without protest and that he had exercised dominion and control over them, they were no longer a part of the common area of the condominium and the declaration of condominium was reformed by the trial court to grant the spaces to our client.
Represented one of the defendants in an action in federal court alleging violation of 42 U.S.C. §1981 and other civil rights laws. Our client owned a liquor store and was sued because the cashier allegedly refused to sell alcohol to two black patrons, one who did not have his drivers’ license and the second of whom the cashier suspected was attempting to purchase alcohol for the first. We obtained a defense verdict and pursued an action for costs and attorney’s fees against the plaintiffs for damages under 42 U.S.C. § 1988. The trial judge granted us a hearing on the motion and also set, sua sponte, a hearing where plaintiffs’ counsel had to appear and show cause why the trial judge should not assess sanctions against them under Rule 11.
Represented a client who used a friend of his as a qualifying agent for a Red Lobster commercial restaurant job in the State of Florida because the client was not licensed as a contractor in Florida. Florida law provided that contracts with unlicensed contractors were void as a matter of public policy. After a third party trying to cause the client trouble contacted the Florida Department of Professional and Business Regulation, the client, Red Lobster and the qualifying agent entered into an agreement whereby Red Lobster would pay the qualifying agent directly and the qualifying agent would pay my client, less a fee for his trouble. When the qualifying agent tried to keep the final payment of more than $200,000.00 and asserted his rights to it on the basis of the contract being void, we sued successfully and obtained a judgment against the qualifying agent in excess of $300,000.00 and made new law in Florida at the same time.