Hargrove v. Phillips

Court of Appeals of Georgia

Hargrove v. Phillips

368 S.E.2d 123, 186 Ga. App. 525

CourtCourt of Appeals of Georgia

DecidedMarch 24, 1988

Docket75373

StatusPublished

Cited by6 cases

This text of 368 S.E.2d 123 (Hargrove v. Phillips) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hargrove v. Phillips, 368 S.E.2d 123, 186 Ga. App. 525 (Ga. Ct. App. 1988).

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Sognier, Judge.

Jack Hargrove, Ruth Hargrove Adams, James Hargrove and S. A. Hargrove are the defendants in an ongoing civil action regarding the administration of an estate by Mary Phillips. When the attorney representing all four defendants withdrew, Jack Hargrove and Ruth Hargrove Adams retained C. B. King & Associates (King) to represent them. Although it is uncontroverted that King’s representation of Jack Hargrove and Ruth Hargrove Adams did not include James Hargrove, nevertheless, King filed a general entry of appearance on behalf of “the Defendants,” who were denominated as including not only Jack Hargrove and Ruth Hargrove Adams, but also S. A. Hargrove and James Hargrove. King, as the designated attorney of record for the four, was subsequently served with certain pleadings filed by a third party. Several months later, King sought to withdraw as counsel for James Hargrove due to an alleged conflict of interest but sought to continue representation of the remaining parties. In an order filed March 5,1987, the trial court ordered King to withdraw as counsel for all parties involved because of King’s expressed perception of conflict of interest. Jack Hargrove and Ruth H. Adams moved for reconsideration of the trial court’s order on the basis that King had never come into physical or financial contact with James Hargrove nor had James Hargrove ever retained King to represent him. In an order filed May 29, 1987, the trial court affirmed its disqualification of King and pursuant to OCGA § 15-19-9 imposed the mandatory minimum fine of $500 on King, see M & M/Mars v. Jones, 129 Ga. App. 389, 392-393 (8) (199 SE2d 617) (1973), for King’s appearance in court on behalf of a person by whom King uncontrovertedly had not been employed. Jack Hargrove and Ruth H. Adams filed their notice of appeal on June 25, 1987 from the trial court’s order dated May 29, 1987.

[526]*526We are unable to address the merits of appellants’ first enumeration since the order holding King in contempt under OCGA § 15-19-9 imposed the sanction solely on King, who is not a party to this appeal. See generally Smith v. Gwinnett County, 182 Ga. App. 875 (357 SE2d 316) (1987). “ ‘A party not aggrieved by the judgment of the trial court is without legal right to except thereto, since he has no just cause of complaint.’ [Cits.]” Cooper Motor Lines v. B. C. Truck Lines, 215 Ga. 195 (1) (109 SE2d 689) (1959). The only enumeration asserted by appellants personal to them contends error in the trial court’s order requiring King to withdraw from the representation of any of the parties involved. However, this order was entered March 5, 1987 and appellants’ notice of appeal was not filed until June 25, 1987. Appellants’ motion for reconsideration was not one of the three statutory motions that extend the time for filing a notice of appeal, OCGA § 5-6-38; Guthrie v. D. L. Claborn Buick/Opel, 180 Ga. App. 128 (348 SE2d 523) (1986), so it follows that this appeal is untimely and must be dismissed.

Appeal dismissed.

Birdsong, C. J., concurs. Banke, P. J., Carley, and Beasley, JJ., concur specially. Deen, P. J., McMurray, P. J., Pope, and Benham, JJ., dissent.

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Sognier, Judge.

Jack Hargrove, Ruth Hargrove Adams, James Hargrove and S. A. Hargrove are the defendants in an ongoing civil action regarding the administration of an estate by Mary Phillips. When the attorney representing all four defendants withdrew, Jack Hargrove and Ruth Hargrove Adams retained C. B. King & Associates (King) to represent them. Although it is uncontroverted that King’s representation of Jack Hargrove and Ruth Hargrove Adams did not include James Hargrove, nevertheless, King filed a general entry of appearance on behalf of “the Defendants,” who were denominated as including not only Jack Hargrove and Ruth Hargrove Adams, but also S. A. Hargrove and James Hargrove. King, as the designated attorney of record for the four, was subsequently served with certain pleadings filed by a third party. Several months later, King sought to withdraw as counsel for James Hargrove due to an alleged conflict of interest but sought to continue representation of the remaining parties. In an order filed March 5,1987, the trial court ordered King to withdraw as counsel for all parties involved because of King’s expressed perception of conflict of interest. Jack Hargrove and Ruth H. Adams moved for reconsideration of the trial court’s order on the basis that King had never come into physical or financial contact with James Hargrove nor had James Hargrove ever retained King to represent him. In an order filed May 29, 1987, the trial court affirmed its disqualification of King and pursuant to OCGA § 15-19-9 imposed the mandatory minimum fine of $500 on King, see M & M/Mars v. Jones, 129 Ga. App. 389, 392-393 (8) (199 SE2d 617) (1973), for King’s appearance in court on behalf of a person by whom King uncontrovertedly had not been employed. Jack Hargrove and Ruth H. Adams filed their notice of appeal on June 25, 1987 from the trial court’s order dated May 29, 1987.

[526]*526We are unable to address the merits of appellants’ first enumeration since the order holding King in contempt under OCGA § 15-19-9 imposed the sanction solely on King, who is not a party to this appeal. See generally Smith v. Gwinnett County, 182 Ga. App. 875 (357 SE2d 316) (1987). “ ‘A party not aggrieved by the judgment of the trial court is without legal right to except thereto, since he has no just cause of complaint.’ [Cits.]” Cooper Motor Lines v. B. C. Truck Lines, 215 Ga. 195 (1) (109 SE2d 689) (1959). The only enumeration asserted by appellants personal to them contends error in the trial court’s order requiring King to withdraw from the representation of any of the parties involved. However, this order was entered March 5, 1987 and appellants’ notice of appeal was not filed until June 25, 1987. Appellants’ motion for reconsideration was not one of the three statutory motions that extend the time for filing a notice of appeal, OCGA § 5-6-38; Guthrie v. D. L. Claborn Buick/Opel, 180 Ga. App. 128 (348 SE2d 523) (1986), so it follows that this appeal is untimely and must be dismissed.

Appeal dismissed.

Birdsong, C. J., concurs. Banke, P. J., Carley, and Beasley, JJ., concur specially. Deen, P. J., McMurray, P. J., Pope, and Benham, JJ., dissent.

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368 S.E.2d 123, 186 Ga. App. 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hargrove-v-phillips-gactapp-1988.

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