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Address
Magnolia Office Complex
1400 Buford Highway, Suite E-3
Buford, Georgia 30518-8726 (Gwinnett & Hall Cos.)
Average Client Review Rating
Rating not available
Average Peer Review Rating
4.4
out of 5
 Accepts Credit Cards (Main Office) Since 1980, Joseph E. Cheeley, III, P.C. has provided personal, responsive and effective legal representation. We will use our skills and experience to strive for excellence in your legal representation. Statement of PracticeFamily, Divorce, Child Custody and Visitation, Paternity, Legitimation, Adoption, Alimony and Child Support, Property Division, Separate Maintenance, Domestic Violence, Prenuptial Agreements, Contempt and Post-Judgment Relief. Estate, Wills, Trusts, Probate and Administration of Estates, Year's Support, Guardianship and Conservatorship, Living Wills, Powers of Attorney. Personal Injury, Torts, Automobile Wrecks, Defective Products, Wrongful Death, Dangerous Premises, Intentional Acts, Fraud. Civil Litigation, Contract Disputes, Insurance Policy Claims, Landlord and Tenant, Collections, Garnishment, Mediation, Property Tax Appeals. Business, Legal Entity Formation, Governance, Transfers, Asset Sales, Dissolution, Trade Name Registrations, Contracts, Litigation. Year Established: 1994
Firm Size: 1
Rate InformationAccepts Major Credit Cards
AddressMagnolia Office Complex
1400 Buford Highway, Suite E-3
Buford, GA 30518-8726, (Gwinnett & Hall Cos.)
PhonePhone: 770-831-7910
Website
http://www.legalappeal.com
Office HoursMonday: By Appointment Only: 09:00 AM - 05:00 PM
Tuesday: By Appointment Only: 09:00 AM - 05:00 PM
Wednesday: By Appointment Only: 09:00 AM - 05:00 PM
Thursday: By Appointment Only: 09:00 AM - 05:00 PM
Friday: By Appointment Only: 09:00 AM - 05:00 PM
Joseph E. Cheeley, III (Member) born Buford, Georgia; admitted to bar, 1980, Georgia and U.S. District Court, Northern District of Georgia; 1981, U.S. Court of Appeals, 5th and 11th Circuits; 2005, U.S. Supreme Court. Education: University of Georgia (B.A., magna cum laude, 1976; J.D., 1980); Phi Beta Kappa. Joseph E. Cheeley, III, P.C. offers clients decades of legal experience in north metro Atlanta. From his Gwinnett County office, Mr. Cheeley focuses on family law matters, including divorce, child custody, support and adoption. The firm's comprehensive practice includes civil litigation, wills, probate and business law. Since graduating from the University of Georgia School of Law in 1980, Mr. Cheeley has practiced law in north Georgia. He served as Special Master in State Bar disciplinary proceedings by appointment of the Georgia Supreme Court. As Special Assistant Attorney General, he represented the Gwinnett County Department of Family and Children Services (DFCS) in child custody cases from 1983 until 1999. Mr. Cheeley has been involved in more than 30 reported cases at the appellate level in the Georgia Supreme Court and Georgia Court of Appeals. Publications: Domestic Relations, Annual Survey of Georgia Law, 1979-1980; 32 Mercer Law Review 51, 1980; Domestic Relations, Annual Survey of Georgia Law, 1980-1981, 33 Mercer Law Review 109, 1981. Professional Memberships: Family Law Section; General Practice and Trials Section; Workers Compensation Section. Member: Gwinnett County Bar Association (Member, Sections on: Family Law; Elder Law); State Bar of Georgia (Family Law). Reported Cases: Child Support Guidelines: Successfully upheld the trial court's decision refusing to award a reduction in child support based on parent's request for parenting time deviation. This was one of the first cases decided under Georgia's child support guidelines effective in 2007. Hamlin v. Ramey, 291 Ga. App. 222; 661 S.E.2d 593 (2008). Property Division/Alimony: Successfully upheld the trial court's decision in this divorce case concerning whether the other spouse had carried his burden of proving that certain properties were marital, as opposed to separate, properties. Further, there is no statutory requirement that the alimony recipient's income be included in the final divorce decree, as is required for the child support recipient. Southerland v. Southerland, 278 Ga. 188, 598 S.E.2d 442 (2004). Release: The Court of Appeals upheld the trial court's grant of summary judgment to the client and against the client's mother. After the client's parents had remarried, they divorced. In the second divorce agreement, the client's mother had released any claim that she had in the first divorce agreement against client's father. Therefore, the mother was not entitled to any portion of the equity in the former marital home. Barnett v. Platz, 261 Ga. App. 51, 581 S.E.2d 682 (2003). Alimony: Alimony could not be awarded in a modification action beyond the original divorce decree time period. Further, the trial court was unauthorized in modifying alimony based merely upon the passage of time. Howard v. Howard, 262 Ga. 144, 414 S.E.2d 203 (1992). Visitation: Obtained reversal of the trial court for failing to specify visitation to a fit parent except as the custodial parent may agree in writing. This provision had the effect of denying any visitation except as the custodial parent may allow. Noteworthy is that the Supreme Court granted the non-custodial client permission to review the appeal after the Court of Appeals had denied the request to review. Chandler v. Chandler, 261 Ga. 598, 409 S.E.2d 203 (1991). Contempt: In a child support contempt case for failure to pay educational expenses, the obligor spouse was entitled to a credit for child support paid, because the divorce decree did not specify that the obligor was to pay these expenses in addition to child support. Other issue was whether the obligor was entitled to a credit from a scholarship toward these expenses. Kehayes v. Petch, 197 Ga. App. 45, 397 S.E.2d 458 (1990). Attorney's Fees: Attorney's fees can be awarded to the prevailing party in a modification of support case, even though the statute providing for such an award was not in effect at the time of the divorce. Crecelius v. Brooks, 258 Ga. 372, 369 S.E.2d 743 (1988). Custody Standard: In a child custody contest between a parent and a third party, the trial court must find parental unfitness to authorize removing custody. The ability of a parent to raise his or her child may not be compared to the superior fitness of a third person (i.e., the "best interest of the child" test). Carvalho v. Lewis, 247 Ga. 94, 274 S.E.2d 471 (1981). Alimony/Property Division/Modification of Support: Whether a periodic payment is alimony and subject to modification, or is a property division and not subject to modification can depend on whether the gross amount is specified in the decree. As a result of this case, courts are allowed to modify a group award of support into an individual award if there is a change in financial condition. Nash v. Nash, 244 Ga. 749, 262 S.E.2d 64 (1979) (wrote brief while in law school). Deprived Child: Joseph represented the Gwinnett County Department of Family and Children Services as Special Assistant Attorney General in the following appeals of termination of parental rights and deprivation cases: In the Interest of B. G., 242 Ga. App. 546, 530 S.E.2d 473 (2000). In the Interest of B. G., 238 Ga. App. 227, 518 S.E.2d 451 (1999). In the Interest of S. S., 232 Ga. App. 287, 501 S.E.2d 618 (1998). In the Interest of B. G., 225 Ga. App. 492, 484 S.E.2d 293 (1997). In the Interest of M. R., 213 Ga. App. 460, 444 S.E.2d 866 (1994). In the Interest of M.C.A.B., 207 Ga. App. 325, 427 S.E.2d 824 (1993). In the Interest of D. R. C., 198 Ga. App. 348, 401 S.E.2d 754 (1991). In Interest of E. R. D., 172 Ga. App. 590, 323 S.E.2d 723 (1984). Probate Notice: In this contest over 2 wills, the Supreme Court held that the propounder of a will must give notice to the propounders and beneficiaries of any other wills of the testator offered for probate in the same county. This duty of notice does not end on the date of the filing of the first will for probate but continues until a will is admitted to probate. Garner v. Harrison, 260 Ga. 866, 400 S.E.2d 925 (1991). Frivolous Litigation: Successfully obtained dismissal of frivolous case in trial court. The Court of Appeals upheld the trial court in its decision that the failure to pay litigation expenses awarded against a party for frivolous litigation in a prior case bars a subsequent suit against the same party. Crane v. Cheeley, 270 Ga. App. 126, 605 S.E.2d 824 (2004). Employment/Group Insurance: The trial judge's grant of summary judgment to the employer was successfully reversed on behalf of the employee client. The employee was allowed to recover against her employer for breach of contract and for breach of duty for the employer's failure to inform her that her group health insurance policy had terminated and that her pre-existing condition would not be covered under the replacement policy. Brandon v. Mayfield, 215 Ga. App. 735, 452 S.E.2d 181 (1994). Privity/Claim: Obtained dismissal of the contract claim against the client, because the claimant was not a party to the contract. The negligence claim was also dismissed because one cannot recover for loss of the economic value of a defective product under the circumstances. Sofet v. Roberts, 185 Ga. App. 451, 364 S.E.2d 595 (1988). Warranty/Damage to Realty/Statute of Limitations: General contractor was allowed to recover against subcontractor for damage to realty in a negligence tort action in case arising out of a contract. Bowen & Bowen, Inc. v. McCoy-Gibbons, Inc., 185 Ga. App. 298, 363 S.E.2d 827 (1987). Real Estate/Condemnation: In a government land condemnation case, the prejudgment interest rate compensates the property owner for the use of funds generated in a condemnation action, not for the use of the property condemned. A property owner seeking to set aside a plat filed by the state in a proceeding collateral to the condemnee's case should file a separate action to quiet title. Property owner is not allowed to assert a counterclaim for tort damages in a condemnation action. Brooks v. Department of Transportation, 254 Ga. 60, 327 S.E.2d 175 (1985). Agency: Assumption of debt incurred by agent in real estate transaction may be shown by written agency agreement executed after the transfer of the property. Braselton v. Robinson, 166 Ga. App. 889, 305 S.E.2d 591 (1983). Limitation of Damages: There is no claim for consequential damages from defective machinery due to a contractual limitation of damages in commercial goods. Frick Forest Products v. International Hardwoods, 161 Ga. App. 359, 288 S.E.2d 625 (1982). Material Lien: Agreement between contractor and material man for payment of judgment did not bar enforcement of material man's lien against real property owner. Owner's partial payment of the contract price, when not properly applied, did not relieve the owner for the amount of the lien remaining unpaid. Henderson v. Mitchell Engineering Co., 158 Ga. App. 306, 280 S.E.2d 438 (1981). Procedure/Evidence: The time for filing an answer runs from the date of actual service, not from the date of filing the return of service. Stipulation to extend deadline must be made before deadline and must be filed with the court. As a result of this case, a plaintiff's right to a default judgment may be waived. Party cannot submit to ruling and later complain. Lay witness was permitted to give opinion regarding speed, even though he did not see the vehicle before impact, because he gave the basis for his opinion. Ewing v. Johnston, 175 Ga. App. 760, 334 S.E.2d 703 (1985). Malicious Prosecution/Slander: Successfully obtained dismissal of claims against client. Although plaintiff's conviction of bribery was reversed in a separate case, there was no claim against one who merely reported the facts he believed to be true to the prosecution, who made the ultimate decision to prosecute for bribery. Rice v. Mansour, 176 Ga. App. 617, 337 S.E.2d 25 (1985). Wrongful Death/Capacity/Evidence: Surviving parents were allowed to bring an action over defense motion for summary judgment, despite evidence of their decedent child's unresolved marriage to her estranged husband. Husband's contradictory statement as to validity of his marriage to decedent rebutted defendant's proof of marriage and discredited husband's prior statement. Capps v. Mullen, 172 Ga. App. 297, 322 S.E.2d 297 (1984). Evidence/Abusive Process: The statements of a co-conspirator are admissible if conspiracy has been proved. The mere issuance of a summons and complaint is not sufficient for a claim of malicious abuse of prosecution. Leiphart Chevrolet v. Ewing, 163 Ga. App. 416, 295 S.E.2d 128 (1982). Wrongful Death/Default/Summons/Capacity: Defendant made a sufficient case of excusable neglect (defendant believed defense was being handled by insurance company) to authorize the opening of a default. Service of process is insufficient if it is left with a relative at defendant's place of business. Wrongdoer's relationship to her deceased mother did not bar wrongful death action against wrongdoer's spouse. American Erectors v. Hanie, 157 Ga. App. 687, 278 S.E.2d 195 (1981). Criminal/Evidence: Appeal of criminal conviction for attempting to elude police officer. Issues involved directed verdict of acquittal, identification of defendant, hearsay, alibi, jury instructions, and newly discovered evidence. Storey v. State, 205 Ga. App. 610, 422 S.E.2d 879 (1992). Criminal/Statutory Construction: Accused's behavior converted his marital bedroom from a constitutionally protected private place into a public place, even though it was not visible to members of the public who are outside of it. Greene v. State, 191 Ga. App. 149, 381 S.E.2d 310 (1989). Affirmed without opinion: Emerson v. Fireman's Fund, 691 F.2d 510 (11th Cir. 10/18/1982). Wages v. Wages, 246 Ga. 317, 271 S.E.2d 635 (1980). Brown v. Higgins, 247 Ga. 64, 274 S.E.2d 324 (1981). Practice Areas: Family; Divorce; Child Custody; Visitation; Paternity; Legitimation; Adoption; Alimony; Child Support; Property Division; Separate Maintenance; Domestic Violence; Prenuptial Agreements; Contempt; Post-Judgment Relief; Estate; Wills; Trusts; Probate; Administration of Estates; Year's Support; Guardianship; Conservatorship; Living Wills; Powers of Attorney; Personal Injury; Torts; Automobile Wrecks; Defective Products; Wrongful Death; Dangerous Premises; Intentional Acts; Fraud; Civil Litigation; Contract Disputes; Insurance Policy Claims; Landlord and Tenant; Collections; Garnishments; Mediation; Business; Legal Entity Formation; Governance; Asset Sales; Dissolution; Trade Name Registrations; Contracts; Litigation..Email: Joseph E. Cheeley, III
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