Cleveland Campers v. McCormack

10 Citing cases

  1. Estate of Nixon v. Barber

    796 S.E.2d 489 (Ga. Ct. App. 2017)

    Additionally, while the payment of a fee is relevant to the inquiry and may in some circumstances be controlling,Cleveland Campers, Inc. v. R. Thad McCormack, P.C., 280 Ga.App. 900, 903 (2), 635 S.E.2d 274 (2006) (punctuation omitted); accord McKenna Long & Aldridge, LLP v. Keller, 267 Ga.App. 171, 173 (1), 598 S.E.2d 892 (2004).Cleveland Campers, Inc., 280 Ga.App. at 903 (2), 635 S.E.2d 274 (punctuation omitted); accord Keller, 267 Ga.App. at 173 (1), 598 S.E.2d 892.

  2. Estate of Nixon v. Barber

    796 S.E.2d 489 (Ga. Ct. App. 2017)

    Additionally, while the payment of a fee is relevant to the inquiry and may in some circumstances be controlling,Cleveland Campers, Inc. v. R. Thad McCormack, P.C., 280 Ga.App. 900, 903 (2), 635 S.E.2d 274 (2006) (punctuation omitted); accord McKenna Long & Aldridge, LLP v. Keller, 267 Ga.App. 171, 173 (1), 598 S.E.2d 892 (2004).Cleveland Campers, Inc., 280 Ga.App. at 903 (2), 635 S.E.2d 274 (punctuation omitted); accord Keller, 267 Ga.App. at 173 (1), 598 S.E.2d 892.

  3. Vazemiller v. Sanders

    360 Ga. App. 788 (Ga. Ct. App. 2021)   Cited 2 times

    We review the grant of summary judgment de novo, construing the evidence and all reasonable inferences in the light most favorable to the nonmovant. See Cleveland Campers v. R. Thad McCormack, P. C. , 280 Ga. App. 900, 900 (2), 635 S.E.2d 274 (2006). So viewed, the record shows that the property at issue was part of a large parcel of land that originally belonged to Deborah Allen Lamb, the mother of Evans and Kenneth's wife, Kristi.

  4. Samnick v. Goodman

    354 Ga. App. 805 (Ga. Ct. App. 2020)   Cited 3 times

    Estate of Nixon v. Barber , 340 Ga. App. 103, 106 (1), 796 S.E.2d 489 (2017). See Huddleston v. State , 259 Ga. 45, 46-47 (1), 376 S.E.2d 683 (1989) ; Cleveland Campers v. R. Thad McCormack, P. C. , 280 Ga. App. 900, 903 (2), 635 S.E.2d 274 (2006). Guided by these principles, we conclude that the trial court committed no error in finding that Rich formed an attorney-client relationship with Goodman for purposes of addressing the commission issue. Goodman testified that she consulted with Rich about the dispute over her final commission payment that she was having with her former employer and sought his advice about how to proceed, and, to that end, shared detailed information about her compensation plan and earnings with Rich in emails and private discussions.

  5. Stewart v. McDonald

    347 Ga. App. 40 (Ga. Ct. App. 2018)   Cited 3 times
    Holding that "[the plaintiff’s] claims for damages for fraud and breach of fiduciary duty are factually based upon [the defendant’s] breach of his fiduciary duties to [the plaintiff] in the performance of his duties as a lawyer, so the claims are duplicative of [the plaintiff’s] legal malpractice claim"

    A reasonable belief is one which is reasonably induced by representations or conduct on the part of the attorney. Cleveland Campers, Inc. v. R. Thad McCormack, P.C. , 280 Ga. App. 900, 903 (2), 635 S.E.2d 274 (2006) (citations and punctuation omitted). Under the circumstances here, it was reasonable for Stewart to believe that McDonald was his lawyer and was providing legal advice to him concerning the sale of his interest in CES.

  6. Mosera v. Davis

    306 Ga. App. 226 (Ga. Ct. App. 2010)   Cited 13 times
    Upholding grant of summary judgment to attorneys in malpractice action

    (Punctuation and footnote omitted.) Cleveland Campers v. R. Thad McCormack, P.C., 280 Ga. App. 900 (2) ( 635 SE2d 274) (2006). So viewed, the evidence shows that in 1998, Mosera formed a software distribution business in California with two partners.

  7. In re C. T

    286 Ga. App. 186 (Ga. Ct. App. 2007)   Cited 10 times

    See Court of Appeals Rule 25 (c) (3) (i), (iii). See, e.g., Cleveland Campers v. R. Thad McCormack, P.C., 280 Ga. App. 900 (1) ( 635 SE2d 274) (2006); Patterson v. Lopez, 279 Ga. App. 840, 841 (2) ( 632 SE2d 736) (2006); In the Interest of A. T. H., 248 Ga. App. 570, 574 (2) ( 547 SE2d 299) (2001); Gentry v. State, 212 Ga. App. 79, 80 (1) ( 441 SE2d 249) (1994). See Cleveland Campers, supra.

  8. Smith v. WBY, Inc.

    1:16-cv-4017-MLB (N.D. Ga. Sep. 15, 2021)   Cited 3 times

    In Georgia, although “an attorney-client relationship generally is a matter of express contract, it may be implied from the conduct of the parties.” Cleveland Campers, Inc. v. R. Thad McCormack, P.C., 635 S.E.2d 274, 276 (Ga.Ct.App. 2006). “[T]he employment is sufficiently established when it is shown that the advice or assistance of the attorney is sought and received in matters pertinent to his profession.”

  9. Barker v. WBY, Inc.

    1:18-cv-2725-MLB (N.D. Ga. Sep. 15, 2021)

    In Georgia, although “an attorney- client relationship generally is a matter of express contract, it may be implied from the conduct of the parties.” Cleveland Campers, Inc. v. R. Thad McCormack, P.C., 635 S.E.2d 274, 276 (Ga.Ct.App. 2006). “[T]he employment is sufficiently established when it is shown that the advice or assistance of the attorney is sought and received in matters pertinent to his profession.”

  10. Boudreaux v. Holloway (In re Holloway)

    Case Number 09-30446 (Bankr. S.D. Ga. Mar. 31, 2015)   Cited 5 times
    Finding that property sought to be recovered under § 548(B) should be included the debtor's assets when determining whether the debtor was insolvent

    A reasonable belief is one which is reasonably induced by representations or conduct on the part of the attorney.Cleveland Campers, Inc. v. R. Thad McCormack, P.C., 635 S.E.2d 274, 276-77 (Ga. Ct. App. 2006)(citations omitted). After considering all the evidence and observing the demeanor of the parties, the Court finds the Trustee has established an implied attorney-client relationship between Debtor and Tapley. While Debtor is an educated individual, there is no doubt Debtor trusted and relied upon Tapley's legal advice.