His “day in court”, eleven years’ worth

Atlanta: “The term ‘litigious’ is frequently tossed about in legal circles, but on Wednesday its apparent embodiment stood in shackles before a Fulton County, Ga., judge who patiently heard him out before sending him back to the jail where he had spent the night.” 88-year-old attorney Moreton Rolleston, Jr., “who in October was feted for […]

Atlanta: “The term ‘litigious’ is frequently tossed about in legal circles, but on Wednesday its apparent embodiment stood in shackles before a Fulton County, Ga., judge who patiently heard him out before sending him back to the jail where he had spent the night.” 88-year-old attorney Moreton Rolleston, Jr., “who in October was feted for 50 years as a member of the Georgia Bar” and who once represented himself as the owner of the Heart of Atlanta motel in a landmark Supreme Court discrimination case, has been battling for 11 years “to avoid paying a $5.2 million judgment from a 1995 malpractice case brought by the estate of a former client”. “Rolleston has sued the [late client’s estate and lawyer], he sued the sheriffs of Fulton and Glynn counties, he sued the purchasers of properties sold to pay the judgment — he even sued the original trial judge, Isaac Jenrette.” “No one has been given more opportunity to have his day in court; and day, and day, and day, at great expense to all,” said the opposing attorney, Shelby A. Outlaw. (Greg Land, “In Shackles, 88-Year-Old Lawyer Argues His Case — and Loses Again”, Fulton County Daily Report, Dec. 11).

3 Comments

  • Great article. I am not being sarcastic.

    I support resisting paying the verdict. I support suing the judge, the sheriff, the opposing lawyer, the purchaser of seized property, and so on.

    This is the path to tort reform, resistance to the end. Let every verdict put the adversary through this process.

  • “Brasher ordered Rolleston held in jail until he once again signed the dismissal of his appeal, as well as a waiver of any future appeals regarding the litigation.”

    Lawyer question.

    What is the Rule or statute allowing the judge to demand one sign an agreement to not appeal, or one stays in jail until one does sign?

  • SC, I’ve never heard of such a rule. If a judge wants a particular result, he issues an order. He doesn’t need a signature. If the order isn’t obeyed, he can toss someone in the pokey for contempt.