Pence v. Seaboard Coast Line R. Co., 47778

Decision Date13 February 1973
Docket NumberNo. 47778,No. 1,47778,1
Citation196 S.E.2d 182,128 Ga.App. 161
PartiesHarold P. PENCE v. SEABOARD COAST LINE RAILROAD COMPANY
CourtGeorgia Court of Appeals

Parks & Eisenberg, David S. Eisenberg, Atlanta, for appellant.

Troutman, Sanders, Lockerman & Ashmore, Allen E. Lockerman, Robert L. Pennington, Atlanta, for appellee.

Omer W. Franklin, Jr., Valdosta, G. William Thackston, Jr., Atlanta, amicus curiae.

Syllabus Opinion by the Court

BELL, Chief Judge.

'No person shall practice law in this State unless he is an active member of the State Bar of Georgia in good standing; provided however, nonresident attorneys who are not active members of the State Bar of Georgia may be permitted to appear in the courts of this State in isolated cases in the discretion of the judge of such court.' Rule 1-203 of the State Bar of Georgia (Code Ann. ch. 9 Appendix 1-203). 'Historically it has been the policy of the Georgia appellate courts to refuse to interfere with a trial court's exercise of its discretion in absence of abuse.' Williamson v. Lunsford, 119 Ga.App. 240(4), 166 S.E.2d 622. The trial judge in this case exercised the discretion granted to him and denied a nonresident nonactive member of the State Bar of Georgia the privilege to appear as leading counsel in a Federal Employers Liability Act suit. The order of denial was certified for immediate review. The record reveals no abuse of discretion by the trial court.

Judgment affirmed.

DEEN and QUILLIAN, JJ., concur.

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3 cases
  • Heimanson v. Meade
    • United States
    • Georgia Court of Appeals
    • October 27, 1976
    ...of this state in isolated cases in the discretion of the trial judge. While the judge may refuse to allow it (Pence v. Seaboard Coast Line R. Co., 128 Ga.App. 161, 196 S.E.2d 182), the appearance made here is one of the most usual and necessary uses which a resident law firm may make of an ......
  • CSX Transp., Inc. v. McCord
    • United States
    • Georgia Court of Appeals
    • December 5, 1991
    ...in the courts of Georgia is generally a matter for the discretion for the trial court in the absence of abuse. Pence v. Seaboard Coast Line R. Co., 128 Ga.App. 161, 196 S.E.2d 182. In the case sub judice, the activities of the out-of-state attorney in Georgia appear to be limited to cases w......
  • Burger v. Burgess, 29644
    • United States
    • Georgia Supreme Court
    • May 13, 1975
    ...attorney licensed to practice law in another state to practice before the authorizing court in isolated cases. Pence v. Seaboard Coast Line R. Co., 128 Ga.App. 161, 196 S.E.2d 182; Rule 1-203 of the State Bar of Georgia (Code Ann. Title 9, Appen, 1-203). Because this is an inherent, discret......

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