Estate Administrator Loses Case When Neither He Nor His Attorney Appear At Hearing

January 25th, 2012

Pam Crisp filed a petition in a Georgia probate court seeking removal of Mark Bocker as administrator of her stepfather’s estate and damages for Bocker’s alleged breach of fiduciary duties.  After a hearing, the probate court removed Bocker as administrator, appointed the county administrator as Bocker’s successor, and awarded damages to Crisp.  Bocker appealed the judgment to superior court.

The trial of the case was set for December 15, 2010.  Two days before the trial was set to begin, Bocker’s attorney filed a motion for continuance and noted that opposing counsel consented to a continuance of the matter until January 26, 2011.  This continuance was granted.

Two days before the trial was set to begin, on January 24, 2011, Bocker filed an amended motion for continuance.  This continuance was not granted, and neither Bocker nor his attorney appeared at the trial.  That did not work in Bocker’s favor. (more…)

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