Legal Opinion

Gingold v. Allen

Court of Appeals of Georgia

Decided April 6, 2005No. A05A0338PublishedCited by 7 opinions

1Opinion of the Court

Andrews, Presiding Judge.

Timothy L. Allen sued his former bankruptcy attorney, Ira D. Gingold, for legal malpractice claiming that Gingold’s negligent advice caused Allen’s arrest on felony theft by deception charges. Gingold denied liability and moved for judgment on the pleadings contending that the trustee of Allen’s Chapter 7 bankruptcy was the real party in interest to prosecute the malpractice action, and seeking dismissal or a ruling that the trustee be substituted for Allen as the proper plaintiff. The trial court denied the motion and found that Allen was the real party in interest…

2Cases cited11 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Jankowski v. Taylor, Bishop & LeeSupreme Court of Georgia · 1980
  3. In Re: Fernando R. Alvarez, Debtor. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v. Fernando R. AlvarezCourt of Appeals for the Eleventh Circuit · 2000
  4. Hamilton v. Powell, Goldstein, Frazer & MurphyCourt of Appeals of Georgia · 1983
  5. Witko v. Menotte (In re Witko)Court of Appeals for the Eleventh Circuit · 2004

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3Cited by7 opinions

  1. Freeman v. WheelerCourt of Appeals of Georgia · 2006
  2. Richards v. D. R. Horton, Inc.Court of Appeals of Georgia · 2013
  3. Courtland Properties I, LLC v. Terique CollinsCourt of Appeals of Georgia · 2019
  4. DAVID TITSHAW v. WILL B. GEERCourt of Appeals of Georgia · 2023
  5. LARRY C. OLDHAM v. PHILLIP M. LANDRUM, IIICourt of Appeals of Georgia · 2022

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