Last night I was elected President of the Henry County Bar. Thanks to everyone.
Brian
Friday, December 17, 2010
Henry County Bar President
Monday, December 6, 2010
Thursday, November 11, 2010
Veteran's Day
Thank you to all who are serving and have served in our nation's military.
The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 770-489-5122
Monday, November 8, 2010
Horrible Display
Our prayers go out to the family of the victim.
Wednesday, November 3, 2010
Great Quote
When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it."
Frederic Bastiat
Wednesday, October 20, 2010
Zimmer is Awesome
God I hate Bobby Petrino.
Wednesday, October 13, 2010
TI: Savior of Men
Tuesday, September 28, 2010
Georgia State College of Law Ranked # 1 Value
Mine and Wes' Alma mater
Sunday, September 26, 2010
Saturday, September 25, 2010
Wednesday, September 22, 2010
Monday, September 20, 2010
Your Homeowner Association
At Dunlap Gardiner LLP we represent a number of what are commonly referred to as Homeowners Associations. Sometimes these associations are in fact common law Homeowners Associations and in some cases they are actually statutory Property Owners Associations. For the ease of this article I will refer to them both generically as homeowners associations as this article is general and nature and will not touch upon the difference between the two types of associations.
Each of these entities are designed with one overall purpose in mind: maintaining property values. Of course, in today's climate you might say: "What property has value?" Well, that is probably a fair question. But in addition to the traditional idea of maintaining property values for the purpose of resale, a properly maintained homeowners association will also improve the quality of life for members of the association. This is done through the maintenance of common areas, pools, playgrounds, or other amenities that might be common to a particular association. Moreover, a sense of common scheme or uniformity can also add to the "feel" of a subdivision and a good homeowners association well help make this happen.
Of course, in order to pay for maintenance of the development the association will need to collect dues and fees from its members. Most members of communities willingly pay their dues and fees. Unfortunately, when people within a development do not pay their dues as required, this can impact the neighborhood as a whole and will also harm those homeowners who pay their fair share. This happens because an association's maintenance budget is typically determined assuming that most homeowners will pay their share of fees and dues. When a portion of homeowners fail to pay their fair share, services and amenities simply cannot be paid for.
Additionally, when homeowners do not pay as agreed associations are often forced to pursue legal action against homeowners to recover funds owed to the association. Actions taken against homeowners could include placing a lien on the property and/or seeking to recover the money owed through the Court system. Usually, these actions will only be taken after the homeowner has been given numerous opportunities to discuss a payment plan or arrangement with the association.
At our office we usually attempt to come to some sort of payment arrangement with homeowners who have not paid their dues prior to resorting to legal action. While we are not always able to come to an agreement with delinquent homeowners, it certainly never hurts to give it a try. In the end, the ultimate goal is to ensure the association is able to have the funds necessary to maintain the value of the community. If you are in a situation where you are behind in paying your dues, we strongly urge you to contact your association or the attorney working with you association. While it will not always be possible to come to a solution that makes everyone completely happy, it never hurts to try.
Friday, September 17, 2010
Thursday, September 16, 2010
Getting Your Driveway Back
Have you ever been confronted with a situation where your neighbor's fence, retaining wall, or some other "obstruction" blocks your private right of way? If so, your local probate court may be the place for you.
This is an interesting legal issue because most issues regarding real property (real estate) are reserved to the Superior Courts. However, O.C.G.A. 44-5-59, provides for jurisdiction in the Probate Court of the County in which the obstruction is located to handle requests to remove obstructions across rights of way. This means if someone blocks your driveway, road, or other path, the probate Court may be the place for you.
This often comes up in situations where someone has obtained a private right of way by prescription. You can acquire a right of way through prescription by showing: 1) that the private way has been in continuous, uninterrupted use for seven years or more, and not steps were taken to prevent enjoyment of the same; 2) that the use of the easement was kept open and in repair; and that 3) the easement did not exceed 20 feet in width. This is a bit different in wild lands, but for most of us in suburbia that doesn't make much of a difference. Basically, the idea is if you use something long enough, the law gives you ownership. This is because we, as a society, favor development and reward those who utilize land.
If you ever have a situation where a path, or road, you have used is blocked. Give us a call, we may be able to have the obstruction removed.
Monday, August 30, 2010
Good News! Drinking is Good for You!
BUT! It is very bad for you if you drink and drive, are pregnant, or are prone to engage in poor dance moves. For example:
One in Six Receive Government Aid
The government is succeeding in making a vast number of Americans dependent upon it for survival. This is not sustainable.
Tuesday, August 10, 2010
One Way to Quit Your Job
As fun as this sounds, "fun" probably won't work as a defense in his criminal case...
Friday, August 6, 2010
Tip of the Day: Leave Your Weed Outside When You Go To Court
Friday, July 30, 2010
Monday, June 7, 2010
Henry County Office
NOW OPEN!
827 Fairways Court, Third Floor
Stockbridge, GA 30128
Stockbridge, GA 30128
Call 678-391-8440 for an appointment today!
Filing for Divorce
Filing for divorce, or responding to a divorce when you spouse files against you can be one of the most difficult periods in a person's life. It is very important that you choose an attorney that is a good fit for you and your circumstance. There are a ton of very good attorneys in Henry County and/or Douglas County that can handle your divorce case in a way that would comply with the law and would get the job done.
However, not all of them may be right for you. Some attorneys are very aggressive as a matter of course, some attorneys are very permissive as a matter of course, and some attorneys simply go along with whatever the client suggests. More often than not, each attorney is some combination of the above. The key for you is to pick someone your totally comfortable with. When choosing your attorney you should definitely arrange for a face-to-face meeting to discuss your case with them. For us, that initial consultation is free of charge.
When meeting with the attorney ask about his or her experience, their background, their general approach to your type of case, and I would also ask how he or she intends to approach your case. For us, we customize our approach to our client and the circumstances of the case. Some cases require an aggressive "no holds barred" approach, while other cases should take a more measure approach.
Feel free to give us a call to discuss at 678-391-8440. We would be happy to set an appointment to meet you at our Douglasville office or at our new office located at 827 Fairways Court, Third Floor, Stockbridge, GA.
Sunday, June 6, 2010
Candied Bacon
This has nothing to do with the law, but in case you're wondering, you can candy bacon, and yes, it's awesome!
Saturday, June 5, 2010
Thursday, June 3, 2010
Tuesday, May 11, 2010
Monday, May 3, 2010
New Office
It sounds like we will be opening a office in Henry County, more details to follow...
New Office
The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.
Friday, April 2, 2010
Saturday, March 27, 2010
John Galt's Speech
A portion of John Galt's speech from Ayn Rand's book, Atlas Shrugged, is posted below. This is posted for educational purposes in light of our government's ever growing power.
“Just as man can’t exist without his body, so no rights can exist without the right to translate one’s rights into reality-to think, to work and to keep the results-which means: the right of poverty. The modern mystics of muscle who offer you the fraudulent alternative of ‘human rights’ versus ‘property rights,’ as if one could exist without the other, are making a last, grotesque attempt to revive the doctrine of soul versus body. Only a ghost can exist without material property; only a slave can work with no right to the product of his effort. The doctrine that ‘human rights’ are superior to ‘property rights’ simply means that some human beings have the right to make property out of others; since the competent have nothing to gain from the incompetent, it means the right of the incompetent to own their betters and to use them as productive cattle. Whoever regards this as human and right, has no right to the title of ‘human.’
“The source of property rights is the law of causality. All property and all forms of wealth are produced by man’s mind and labor. As you cannot have effects without causes, so you cannot have wealth without its source: without intelligence. You cannot force intelligence to work: those who’re able to think, will not work under compulsion: those who will, won’t produce much more than the price of the whip needed to keep them enslaved. You cannot obtain the products of a mind except on the owner’s terms, by trade and by volitional consent. Any other policy of men toward man’s poverty is the policy of criminals, no matter what their numbers. Criminals are savages who play in short-range and starve when their prey runs out-just as you’re starving today, you who believed that crime could be ‘practical’ if your government decreed that robbery was legal and resistance to robbery illegal.
“The only proper purpose of a government is to protect man’s rights, which means: to protect him from physical violence. A proper government is only a policeman, acting as an agent of man’s self-defense, and, as such, may resort to force only against those who start the use of force. The only proper functions of a government are: the police, to protect you from criminals; the army, to protect you from foreign invaders; and the courts, to protect your property and contracts from breach or fraud by others, to settle disputes by rational rules, according toobjective law. But a government that initiates the employment of force against men who had forced no one, the employment of armed compulsion against disarmed victims, is a nightmare infernal machine designed to annihilate morality: such a government reverses its only moral purpose and switches from the role of protector to the role of man’s deadliest enemy, from the role of policeman to the role of a criminal vested with the right to the wielding of violence against victims deprived of the right of self-defense. Such a government substitutes for morality the following rule of social conduct: you may do whatever you please to your neighbor, provided your gang is bigger than his.
“Only a brute, a fool or an evader can agree to exist on such terms or agree to give his fellow men a blank check on his life and his mind, to accept the belief that others have the right to dispose of his person at their whim, that the will of the majority is Omnipotent, that the physical force of muscles and numbers is a substitute for justice, reality and truth. We, the men of the mind, we who are traders, not masters or slaves, do not deal in blank checks or grant them. We do not live or work with any form of the non-objective.
Tuesday, March 16, 2010
Tuesday, March 2, 2010
Jasper County Superior Court, Monticello, GA
Beautiful courthouse, arguing a motion for summary judgment.
Tuesday, February 23, 2010
Lunch with Bob Barr
Friday, February 19, 2010
Continuing Legal Education, State Bar of Georgia
Wes and I are attending the Advanced Debt Collection Seminar at the State Bar of Georgia.
Tuesday, February 9, 2010
Saturday, February 6, 2010
Mock Trial-Henry County Region Today, Go Ola!
Today is the Henry County High School Regional Mock Trial Competition. I have had the honor of coachong Ola High School for the last three years and I can honestly say these kids are awesome. Hopefully we can repeat our Region Championship from last year. I think we have a great shot. Go Ola!
The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.
Thursday, February 4, 2010
Court of Appeals
Today I spent some time at the Georgia Court of Appeals in the record room. Super nice people in that office. In particular Holly with Court Administration is wonderful. She answered all of my silly questions about e-filing.
Wednesday, February 3, 2010
Gwinnett Superior, Fulton County Magistrate, Douglas Superior, Henry County
Today Wes was in Gwinnett County Superior Court on a contract case and I was in Douglas County Superior Court regarding a domestic relations case. Earlier this week I was in Fulton County on a collection case (Gwinnett is on the top left, Fulton is in the middle, Douglas is on the bottom).
Later this afternoon I attended a meeting of the Henry County Bar association. I am now the Secretary of the Henry County Bar Association.
The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.
Friday, January 29, 2010
Travels of Wes-LaGrange
Wes is in LaGrange on a collections matter at the Troup County Magistrate Court.
The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.
Thursday, January 28, 2010
Paulding County Superior Court
Yesterday I was at the Paulding County Superior Court in regard to a collection matter. The people in the Clerk's Office are absolutely wonderful. The Paulding Superior Court Clerk's office is located at 280 Constitution Boulevard, Dallas, GA. However, do not try to use your GPS to find it because the building is too new. I had no luck pulling it up. Luckily, one of the clerks was nice enough to stay on the phone with me and give me turn by turn directions to get to the building. Needless to say that is definitely going above and beyond the call of duty.
As a bonus, there is a hot dog stand right outside of the building doors in case you are in need of a quick bite to eat.
Wednesday, January 27, 2010
Travels of Wes and Brian
Between last week and this week we have been in Bankruptcy Court in Atlanta, Magistrate Court in Fulton County, deposition in Henry County, and Magistrate Court in Rockdale County.
The picture above is for the Rockdale County Magistrate Court which is located at 945 Court Street, Conyers, GA 30012. The closest place I could find for wireless was the IHOP located at 1310 Dogwood Drive Southeast, Conyers, GA 30013.
Wednesday, January 20, 2010
HOA Dues
Now is the time of year that most people who live in neighborhoods with Homeowner's Associations (HOA) are required to pay their annual dues. Although in this economy very few expenses are considered welcomed, keep in mind that this is an expense you agreed to by moving into the neighborhood and by utilizing the amenities that the HOA provides. If homeowner's do not pay their dues then the HOA is required to expend costs in collecting from homeowners and this results in less funds available for the maintenance of the neighborhood. If individuals do not pay their dues, then the quality of the neighborhood will decline. After all, if there are no funds to maintain the neighborhood then it is impossible to maintain the quality.
At Dunlap Gardiner we represent Homeowner's Associations in collecting delinquent dues and fees. If an account is not paid, the HOA may send you a letter asking for your to pay or they might file a lawsuit against you. This would require you going to Court and could ultimately result in a judgment against you.
If you have any concerns regarding your HOA dues contact your HOA or the attorney collecting on their behalf and ask them if there is any potential for working out a payment plan or making some arrangement to bring your account current. Usually, when people are willing to work with a company collecting a debt, including HOA's, the company will work with you.
Tuesday, January 12, 2010
The Travels of Wes-Brunswick, GA
Wes is in Court today in Brunswick, GA at the Glynn County Courthouse.
Wednesday, January 6, 2010
Super Speeder Law Facts
Good news, on January 1, 2010 the State of Georgia has created a new Super Speeder law that is for "your protection." The rationale goes something like this, charge people a whole lot of money for speeding and they will speed less. If they speed less, then they will get in less accidents and we will all be safer. Even better than that, the "kids" driving will be safer too. And who doesn't want to protect the kids?
Of course, a cynic might say that this is simply a way to increase revenues for the State of Georgia in a time where revenues are terrible. After all, how can we be mad at a fine on speeding, speeding is bad, right?
Although you are probably not interested in my slight rant, you may be interested in knowing the particulars of the Super Speeder Law and how it could impact you.
The law referred to as the Super Speeder Law is O.C.G.A. 40-6-189.
1. If you drive 75 miles per hour or more on any two lane road or highway you will be charged an additional $200.00 over and above your normal ticket. A two lane road or highway is a road or highway with two lanes for traffic movement. That means if your normal ticket would have been, say, $200 dollars, you will now be fined a total of $400.00. Yes, that is SUPER expensive.
2. If you drive 85 miles per hour or more on any road or highway (which would include the interstates) you will be charged an additional $200.00 over and above your normal ticket just like the example above.
Keep in mind, this $200 is in addition to any of the normal fines and/or fees.
If you are pulled over under the super speeder law the Department of Driver Services has to notify you of the super speeder fee within 30 days of your receipt of the super speeder ticket and notice of conviction. They are to notify you by first class mail sent to the address listed on the department's records (presumably the address on your driver's license). Even if you do not actually receive it, if they mail it by first class mail to that address, they satisfy the notice requirement.
If you do not pay the fee within 90 days after receipt of your notice, then your license shall shall be suspended and an additional fee of $50.00 will be assessed.
As a side note you should also know that the commercials touting how these fees are going to be used for trauma care are misleading at best. The text of the statute reads: "All fees collected under the provisions of this Code section shall be deposited in the general fund of this state with the intent that these moneys be used to fund a trauma care system in Georgia and the direct and indirect costs associated with the administration of this Code section. The Office of Treasury and Fiscal Services shall separately account for all of the moneys received under the provisions of this Code section."
If you read closely you will see that the law does not require that the money be used for trauma but simply states that is "the intent." I would be willing to wager that these funds are used for all sorts of stuff not in any way related to trauma care in about 5 seconds after the funds become available.
If you are lucky enough to be treated to this new law, feel free to give us a call at 678-391-8440 or email me at brian@dunlapgardiner.com.
Tuesday, January 5, 2010
Henry County Judicial Center
Today I was in Henry County Magistrate Court on a collections case. I am definitely biased toward Henry County since I am an Officer of the local Bar Association and previously worked as a Law Clerk in Henry Superior Court, but I have to say, I love going to Court in Henry. The people are great and the Judge's are both knowledgeable and courteous. What more can you ask for?
Located at:
One Judicial Center
Suite 260McDonough, GA 30253
Local food:
Pippins Barbecue,
40 Sims Street McDonough, GA
GREAT BARBECUE!
Directions Below:
Saturday, January 2, 2010
Coweta County Courthouse
Located in Newnan Georgia, 72 Greenville Street Newnan, Ga. They used to allow attorney's through the metal detectors without a search by showing their bar card, but now it is only members of the local bar, so don't cut it too close if you are running to Court.
Super nice people, great building, and Sprayberry's Barbecue is a can't miss.
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