News and Events
Vaughan & Evans Wins Custody Case
Attorney Tracy Rhodes successfully represented a Mother of two girls in a custody case in Floyd County, Georgia. Ms. Rhodes' client shared joint legal and joint physical custody with her children's father and received no child support. After a two-year legal battle, Judge Niedrach awarded primary physical custody and child support to the Mother.
"I just wanted to tell you again how thankful I am for all that you have done for my family. Sorry that it took so long, but I am greatful that it is over. Once again you did a wonderful job. You just don't know what all your hard work and dedication means to this family! It's been a hard road, but with your help all ended as it should! You are great at what you do; thank you once again!" —Sabrina L.
Vaughan & Evans Wins Constitutional Fight Against EMC
The Superior Court of Bartow County has ruled that the Amicalola Electric Membership Corporation's ("AEMC") practice of requiring its members to surrender property rights in exchange for electric service violates the United States Constitution and the laws of the state.
AEMC was using its position as the sole provider of electrical services within portions of ten north Georgia counties to force its members to agree to bylaws that conditioned electrical service upon a member giving to the cooperative, without charge, a right of way easement over the entire property of the member. Amicalola claimed that its bylaws gave it the right to run electrical lines anywhere on a member's property it wished without first getting a specific easement for that purpose or paying the landowner for the land encumbered by the lines. The Court found that this provision of the bylaws violated the U.S. and Georgia constitutions as well as other state laws. It enjoined Amicalola from forcing land owners to give up their property rights as a condition of receiving power.
"What Amicalola was doing violated over two hundred years of American law," says Don Evans, one of the lawyers involved in the challenge. "It's outrageous for Amicalola to use its monopoly over electrical service to impose rules and regulations that violate the law and take member's property without paying just and fair compensation." he said. "We are glad the court has put an end to this abusive practice" "The days when an EMC could run roughshod over the property rights of citizens in this state are thankfully drawing to an end" said Mr. Evans.
"We believe the court's order will have far reaching implications," said Carlos González, a partner in the Vaughan & Evans law firm, "for the future operation of not only the Amicalola EMC, but for EMC's across the state." "These land grab practice have been going on for decades throughout the state" said Mr. González. "With this order, those practices should end and the rights of Georgians to be secure in their property again protected," he said.
Vaughan & Evans Attorney Wins Appeal to Georgia Supreme Court
Attorney Tracy Rhodes won an appeal before Georgia's highest court on behalf of her client Debra Evans. The Court reversed the trial court decision of Bartow County Judge Shepherd Howell and ruled that the entirety of a party's income, including overtime, must be included in determining the amount of child support.
Vaughan & Evans Files a Lawsuit to Protect Georgia Consumers
Vaughan & Evans has filed a class action lawsuit to recover wrongly-collected cancellation fees paid by Georgia consumers to DirecTV. These cancellation fees are imposed when customers switch their TV satellite service from DirecTV to another satellite provider or choose cable TV instead. In addition to recovering previously paid cancellation fees, the lawsuit seeks to prevent DirecTV from collecting such fees in the future. The case is pending in federal court in Atlanta, Georgia.
Vaughan & Evans Partner Named to Berry College Board of Visitors
Dr. Stephen R. Briggs, President of Berry College, has named Carlos A. González to the Board of Visitors. The Berry College Board of Visitors brings together a group of advisors to help the college fulfill its educational mission of providing a world-class educational experience for students. "I am honored that Dr. Briggs has asked me to serve on the Board of Visitors and I look forward to working with the Board and the administration to help Berry continue its long tradition of being a premier educational institution in the South" González said. The Berry College Board of Visitors was established in 1966.
Georgia Supreme Court to Hear Child Support Appeal
Attorney Tracy Rhodes brought an appeal to the Georgia Supreme Court on the issue of Georgia's new child support guidelines. The Court will be asked to determine whether overtime compensation should be included in determining the proper amount of child support. The Court will hear argument and issue it's ruling in February 2009.
