PCW Attorney Argues Landmark Case in the Georgia Court of Appeals

July 10, 2013

On June 5, 2013, PCW partner David Walbert argued in the Court of Appeals on behalf of the law firm of Green & Sapp in connection with an order from a Cobb County Superior Court judge that disqualified Green & Sapp from representing its client in a case. Henry D. Green, Jr., et al. v. Pamela Elaine Kemp, Case No. A13A1418.

A number of very important issues are raised in the case. The threshold issue is the ability of an attorney himself to appeal a sanction order, which the appellee contends is not permitted under Georgia law.

At the heart of the case is a challenge to the trial court’s findings of fact and conclusions of law, which Walbert argued to the Court of Appeals were baseless and arbitrary. PCW argued to the Court of Appeals that “the trial court ignored all of the sworn testimony of the witnesses and the plain meaning of the documents to ‘find’ that something completely different than what really occurred had happened.” PCW argued that the trial judge had “arbitrarily dismissed all attorney testimony was incredible whenever it as inconsistent with the court’s theory.” In short, the trial court’s supposed “facts” were a fiction, and the reasoning of the court’s order was “bizarre.”

Click on video below to watch argument.

Georgia Court of Appeals Argument by David F. Walbert (Green v. Kemp) from Parks Chesin & Walbert on Vimeo.