Serving Seniors, Families, and Georgia

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Accolades, News, and Recent Decisions

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Accolades

Donald S. Horace is now a registered mediator with the Georgia Office of Dispute Resolution.  Previously, he completed his Guardian ad Litem training with the Atlanta Volunteer Lawyers Foundation.


Also note that we do not participate in any of the internet lawyer rating websites or services, such as but not limited to Avvo, Lawyer.com, or Google.  To the extent that you see negative reviews of Donald S. Horace or this law firm, we do not and we cannot comment or respond to any, even when the review is inaccurate, wrong, or incomplete, due to potential attorney-client privilege, confidentiality, or work product.  The same policy applies when the review is accurate, positive, or glowing.  We ask that you do not grant any credibility to any such internet or website reviews.  Instead, you should rely on personal references in that they are most helpful for potential clients.


Lastly, congratulations to the Vanderbilt University baseball team for winning its second National Championship in college baseball.  Anchor Down!  


Next up, go Braves!  Five Stripes We Ready! Falcons Rise Up!

Recent Articles and Georgia Case Law

In Borotkanics vs. Humphrey, 811 S.E. 2d 523, the Georgia Court of Appeals reiterated that a court may not modify the property division provisions of a final divorce decree when addressing a subsequent willful contempt action.  Here, Borotkanics failed to refinance the mortgage on certain realty despite his ability to do so.  Humphrey asked the trial court to find Borotkanics in willful contempt of  the divorce decree and to incarcerate him in the county jail until he purged himself from his contemptuous conduct.  She also sought attorney fees and litigation expenses.  The trial court agreed with Humphrey and found Borotkanics in willful contempt of the divorce decree and ordered him to pay attorney fees and litigation expenses from the proceeds of the sale of the realty in question at the closing, as sanctions.  The purge remedy was contrary to the original divorce decree and thus constituted a modification of it, according to the court.  It would be better and proper for the court to simply find the party in willful contempt and order him to comply, leaving the how he complied up to him.  For example, the court could fine him a specific monetary fine for every day that he failed to comply or incarcerate him until he completes the refinance. 

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Recently, the Georgia Court of Appeals held that motions for reconsideration  must be physically received in its clerk's office within ten days of the date of decision to be deemed timely filed.  See Ford vs. Ford.  This decision is important because orders entered in domestic relations cases that generally center on divorce, not child custody, must be pursued by discretionary application.  See O.C.G.A. Section 5-6-35(a)(2).  Such appeals are not automatic.