Troncone v. Troncone, 409 S.E.2d 516 (Ga. 1991). · Go Syfert
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Troncone v. Troncone, 409 S.E.2d 516 (Ga. 1991). Cases Citing This Book View Copy Cite
25 citation events (13 in the last 25 years) across 2 distinct courts.
Strongest positive: Daniel Adam Delevan v. State (gactapp, 2018-02-21)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Daniel Adam Delevan v. State (2×)
Ga. Ct. App. · 2018 · confidence medium
“Regardless of whether an attorney has been appointed to act for the client or retained by the client, the client is entitled to fidelity from the attorney and every member of the attorney’s law firm.”14 GRPC Rule 1.10 (a) states that, “[w]hile lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rule[ ] 14 Ryan, 261 Ga. at 662. 11 1.7: Conflict of Interest[.]”15 The Supreme Court of Georgia has construed this rule as follows: “Under a plain reading of Rule 1.10 (a) and the comme…
cited Cited as authority (rule) Ford v. Hanna
Ga. Ct. App. · 2008 · confidence medium
Troncone v. Troncone, 261 Ga. 662, 663 ( 409 SE2d 516 ) (1991).
cited Cited as authority (rule) McGuire Properties, Inc. v. Byers
Ga. · 2004 · confidence medium
Troncone v. Troncone, 261 Ga. 662, 663 (3) ( 409 SE2d 516 ) (1991). 2.
discussed Cited as authority (rule) Cammer v. State
Ga. Ct. App. · 2003 · confidence medium
Troncone v. Troncone, 261 Ga. 662, 663 (3) ( 409 SE2d 516 ) (1991); Hurst v. State, 260 Ga. App. 708 (2) ( 580 SE2d 666 ) (2003) (failure to timely challenge appointment under OCGA § 15-1-9.2); Maldonado v. State, 240 Ga. App. 497 (1) ( 523 SE2d 917 ) (1999); Kittler v. State, 234 Ga. App. 120 (1) ( 506 SE2d 231 ) (1998).
cited Cited as authority (rule) Kittler v. State
Ga. Ct. App. · 1998 · confidence medium
Id.; Troncone v. Troncone, 261 Ga. 662, 663 (3) ( 409 SE2d 516 ) (1991); Bennett v. Jones, 218 Ga. App. 714, 715 (1) ( 463 SE2d 158 ) (1995). 2.
discussed Cited "see" Albright v. Peterson (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Troncone v. Troncone, 261 Ga. 662, 663 (3) ( 409 SE2d 516 ) (1991).
discussed Cited "see" Hicks v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Troncone v. Troncone, 261 Ga. 662, 663 ( 409 SE2d 516 ); Bennett v. Jones, 218 Ga. App. 714, 715 ( 463 SE2d 158 ). 2.
Retrieving the full opinion text from the archive…
Troncone
v.
Troncone
S91A0956.
Supreme Court of Georgia.
Oct 18, 1991.
409 S.E.2d 516
Glennuille Haldi, for appellant., Alice F. Brown, for appellee.
Smith.
Cited by 11 opinions  |  Published
Smith, Presiding Justice.

This appeal raises an important issue: whether the entry of a su[*663] perior court order [1] was legally sufficient to authorize a magistrate to serve as a superior court judge.

Decided October 18, 1991 — Reconsideration denied November 7, 1991. Glennuille Haldi, for appellant. Alice F. Brown, for appellee.

1. Article VI, Sec. I, Par. Ill of the Constitution of Georgia of 1983 provides:

Provided the judge is otherwise qualified, a judge may exercise judicial power in any court upon the request and with the consent of the judges of that court and of the judge’s own court under rules prescribed by law. The term “judge,” as used in this article, shall include Justices, judges, senior judges, magistrates, and every other such judicial office of whatever name existing or created.

2. There is a serious doubt that the purported appointment by a single judge is equivalent to designation “upon the request and with the consent of the judges of that court and of the judge’s own court under rules prescribed by law.” (Emphasis supplied.)

3. However, because there was no objection to the appointment of the magistrate to sit as a superior court judge prior to the commencement of the divorce trial upon which this appeal is based, this issue is not preserved for appellate review.

4. As a result of our holding above, we need not address the appellant’s remaining assertions of error.

Judgment affirmed.

All the Justices concur.
1

Pursuant to O.C.G.A. Section 15-6-13, the Honorable Wayne M. Purdom, Chief Magistrate, of the Magistrate Court of Dekalb County, State of Georgia, has been requested to preside for the Honorable James H. Weeks, Judge of the Superior Court, Stone Mountain Judicial Circuit, State of Georgia for one day, October 18, 1989, for the purpose of commencing and handling the Rule NISI calendar to be called at 9:30 a.m. and any other matters that may arise. This request is made in compliance with Georgia Law 1983, Code Section 15-1-9.1.

Let the original Request be filed with the Clerk of the Court, and a copy be forwarded to the Honorable Curtis V. Tillman, Chief Judge of the Superior Court, Stone Mountain Judicial Circuit, State of Georgia.

So ordered this the 17th day of October, 1989.

James H. Weeks, Judge

Stone Mountain Judicial Circuit