O'Kelley v. Skinner, Wilson and Beals, 49708

Decision Date02 October 1974
Docket NumberNo. 2,No. 49708,49708,2
PartiesJohn B. O'KELLEY et al. v. SKINNER, WILSON & BEALS
CourtGeorgia Court of Appeals

John B. O'Kelley, pro se.

Hansell, Post, Brandon & Dorsey, Hugh E. Wright, Jefferson D. Kirby, III, Skinner, Wilson & Beals, Frank B. Strickland, Atlanta, for appellee.

Syllabus Opinion by the Court

STOLZ, Judge.

1. The trial judge did not err in refusing to allow a person not a member of the State Bar of Georgia to represent the appellants in the trial court at the hearing on the appellee's motion for summary judgment. Code § 9-101 (Ga.L.1933, p. 224). Moreover, the record does not disclose any facts which would have authorized such representation under Code Ann. § 9-201 (Ga.L. 1969, p. 82) or former Code Ann. § 9-204 (Ga.L.1933, p. 224), which was repealed by Ga.L.1969, p. 82 et seq. (Code Ann. § 9-201 et seq.).

2. The trial judge did not err in sustaining the appellee's motion for summary judgment as to the appellants' counterclaim. The record affirmatively shows that the acts which caused the appellants' financial loss occurred prior to their retaining the appellee's law firm. No actionable negligence is shown by counsel's failure to have his clients present for argument on a 'Petition for Relief in Extraordinary Case.'

In the present action, the appellee firm was retained to represent the appellants in defense of a claim by another attorney, F. Lee Evans, for fees he earned while representing the appellants. At the time the appellee law firm was retained, the appellants had lost the Evans suit; their counsel in that case had withdrawn; no notice of appeal had been filed; and the time for such had expired. The appellants first conferred with the appellee law firm on February 3, 1970. Various conferences and review of file work followed. On or about March 17, 1970, the appellee firm was retained by the appellants. Thereafter, it made efforts to (1) settle the Evans case and (2) reopen the same via 'Petition for Relief in Extraordinary Case.' Both efforts were unsuccessful. This is not sufficient to support a claim of negligence or professional malpractice.

3. The appellants contend that the trial judge should have disqualified himself because he was a member of the law firm that had represented the appellants at one time in the Evans litigation. Such would not be grounds for disqualification per se. The record does not reveal a motion to disqualify by either party. Matters not...

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4 cases
  • Berman v. Rubin, 51940
    • United States
    • Georgia Court of Appeals
    • May 13, 1976
    ...Foy, 189 Ga. 596, 598, 6 S.E.2d 788; Republic Mortgage Corp. v. Beasley, 117 Ga.App. 303(3), 160 S.E.2d 429; O'Kelley v. Skinner, Wilson & Beals, 132 Ga.App. 792(2), 209 S.E.2d 242. As to particular examples, see generally Arey v. Davis, 233 Ga. 951, 213 S.E.2d 837 (retained counsel); State......
  • Hughes v. Malone
    • United States
    • Georgia Court of Appeals
    • June 22, 1978
    ...This arises from the attorney-client relationship itself. Lewis v. Foy, 189 Ga. 596, 598, 6 S.E.2d 788; O'Kelley v. Skinner, Wilson & Beals, 132 Ga.App. 792(2), 209 S.E.2d 242. Once this relationship was shown to exist, a duty devolved upon Malone, as Hughes' attorney, to use such skill, pr......
  • Cooper v. Ricketts
    • United States
    • Georgia Court of Appeals
    • July 8, 1975
    ...were made in the trial court, hence they cannot be considered when raised for the first time on appeal. O'Kelley v. Skinner, Wilson & Beals, 132 Ga.App. 792(3), 209 S.E.2d 242 and 2. The plaintiff's sixth enumeration of error complains that the trial judge erred in not allowing the plaintif......
  • Moss v. Moss
    • United States
    • Georgia Court of Appeals
    • June 23, 1975
    ...rights, hence it presents nothing for review. Reid v. State, 129 Ga.App. 41(3), 198 S.E.2d 358 and cits.; O'Kelley v. Skinner, Wilson & Beals, 132 Ga.App. 792(3), 209 S.E.2d 242 and cit. Furthermore, the appellant is presumed to have been cognizant of Code Ann. § 24A-3203 (Ga.L.1971, pp. 70......

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