Quarterman v. Cullum
311 Ga. App. 800
Ga. Ct. App.2011Background
- Probate of Helen Quarterman’s will; Alan as executor vs. Quarterman’s caveat alleging lack of capacity and undue influence.
- Cullum represented Quarterman in 1996 probate matter; discovery extension granted nunc pro tunc; Cullum did not depose Alan until after extended period.
- Probate court granted summary judgment to Alan in 1996; Georgia Supreme Court affirmed.
- Quarterman filed a legal malpractice suit in 1998 alleging breach for failure to timely depose Alan; case lay dormant until 2003–2006 when docket activity occurred.
- 2006 renewal of malpractice action; discovery and fee issues; 2010 summary judgment for Cullum after briefing and oral argument; Quarterman appealed.
- Trial court granted summary judgment for Cullum, and the appeals court affirmed, concluding insufficient evidence of proximate causation and no abuse of discretion on discovery and continuance rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Refund of filing fee after in forma pauperis status | Quarterman seeks refund of $99. | No authority requiring refund; issue not appealable here. | No jurisdiction; no reversal; no error shown. |
| Continued oral argument on summary judgment | Requests 90-day continuance citing disability and preparation needs. | Discretionary; denial not abuse given long pendency. | No abuse of discretion; denial affirmed. |
| ADA rights invoked due to disability | Disability rights necessitate consideration; error if not mentioned. | ADA remedies do not mandate reversal of summary judgment; no direct violation alleged. | ADA entitlement not violated; not reversible error. |
| Reopening discovery for 90 days | Need to obtain additional evidence due to disability and counsel issues. | Discretion to reopen matters of discovery exercised without abuse. | No abuse; denial affirmed. |
| Grant of summary judgment in malpractice claim | Failure to depose Alan prejudiced the case; evidence would show breach and causation. | No evidence of topics or effects; speculation insufficient for proximate cause. | Proper grant of summary judgment; no triable issue on causation. |
Key Cases Cited
- Gipson v. State, 297 Ga.App. 413 (2009) (discretion in continuances; broad discretion for trial courts)
- Belger v. Exchange Bank, 148 Ga.App. 275 (1978) (continuance discretion; standard of review)
- Lawrence v. Direct Mtg. Lenders Corp., 254 Ga.App. 672 (2002) (discovery deadlines; deference to trial court on discovery)
- Turner v. Masters, 304 Ga.App. 855 (2010) (ADA remedies not including reversal of summary judgment)
- Guerrero v. McDonald, 302 Ga.App. 164 (2010) (proximate cause; speculation insufficient to uphold negligence claim)