465 S.E.2d 459 (Ga.App. 1995), A95A1699, In re Washburn

Docket Nº:A95A1699.
Citation:465 S.E.2d 459, 219 Ga.App. 428
Opinion Judge:POPE, Presiding Judge
Party Name:In re WASHBURN.
Attorney:Thomas L. Washburn, III, Marietta, pro se., Boyce, Ekonomou & Atkinson, John E. Underwood, Sr., Atlanta, Shelby A. Outlaw, Decatur, Caryl Sumner, William J. Linkous, III, Dan R. Gresham, Lawrenceville, for appellee. Thomas L. Washburn III, pro se. Boyce, Ekonomou & Atkinson, John E. Underwood, S...
Case Date:November 01, 1995
Court:Court of Appeals of Georgia
 
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Page 459

465 S.E.2d 459 (Ga.App. 1995)

219 Ga.App. 428

In re WASHBURN.

No. A95A1699.

Court of Appeals of Georgia.

November 1, 1995

Reconsideration Denied Dec. 11, 1995.

Thomas L. Washburn, III, Marietta, pro se.

Boyce, Ekonomou & Atkinson, John E. Underwood, Sr., Atlanta, Shelby A. Outlaw, Decatur, Caryl Sumner, William J. Linkous, III, Dan R. Gresham, Lawrenceville, for appellee.

POPE, Presiding Judge.

Attorney Thomas L. Washburn III appeals from an order finding him in criminal contempt for making intentional misrepresentations to Gwinnett County State Court Judge Fuller. Concluding that the evidence was sufficient to warrant the finding of criminal contempt, we affirm.

Washburn filed a complaint on behalf of a client in Gwinnett County State Court against David Properties, Inc. and its successor in interest, Noel A. David. Initially, the case was assigned to Judge Hoffman. David filed a pro se motion to dismiss the complaint. On November 10, 1992, a hearing was held on David's motion as well as a motion to strike which Washburn had filed. At the hearing, which lasted no longer than 20 minutes, Washburn withdrew the motion to [219 Ga.App. 429] strike, and Judge Hoffman continued David's motion to dismiss, suggesting that David retain counsel. Judge Hoffman, however, failed to issue orders regarding either motion.

On January 1, 1993, Judge Fuller replaced Judge Hoffman on the bench and assumed his cases. Thereafter, Judge Fuller's secretary had a telephone conversation with Washburn regarding the status of the two motions. Washburn told the secretary that he had withdrawn the motion to strike and that Judge Hoffman had denied David's motion to dismiss. On January 14, 1993, Washburn sent a letter to Judge Fuller memorializing the conversation and submitted an order denying David's motion for the Judge's signature. Based on Washburn's representations, Judge Fuller signed the order on January 20, 1993.

After receiving a copy from the court of the order denying his motion to dismiss, David retained counsel and filed a motion to vacate the order, claiming that Judge Hoffman originally had not denied his motion. Washburn and his client did not respond. Upon review of the transcript of the November 10, 1992 hearing, Judge Fuller verified David's claim and as a result vacated the order Washburn had prepared. Judge Fuller later recused himself from the case and...

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