Pence v. Seaboard Coast Line Railroad Company

Full title: PENCE v. SEABOARD COAST LINE RAILROAD COMPANY

Court: Court of Appeals of Georgia

Date published: Feb 13, 1973

196 S.E.2d 182 (Ga. Ct. App. 1973)

196 S.E.2d 182

Opinion

47778.

ARGUED JANUARY 3, 1973.

DECIDED FEBRUARY 13, 1973.

Application to appear as counsel. Fulton Superior Court. Before Judge Tanksley.

Parks Eisenberg, David S. Eisenberg, for appellant.

Troutman, Sanders, Lockerman Ashmore, Allen E. Lockerman, Robert L. Pennington, for appellee.

Omer W. Franklin, Jr., G. William Thackston, Jr., amicus curiae.

BELL, Chief Judge.

"No person shall practice law in this State unless he is an active member of the State Bar of Georgia in good standing; provided however, nonresident attorneys who are not active members of the State Bar of Georgia may be permitted to appear in the courts of this State in isolated cases in the discretion of the judge of such court." Rule 1-203 of the State Bar of Georgia (Code Ann. Title 9, Appen. 1-203). "Historically it has been the policy of the Georgia appellate courts to refuse to interfere with a trial court's exercise of its discretion in absence of abuse." Williamson v. Lunsford, 119 Ga. App. 240 (4) ( 166 S.E.2d 622). The trial judge in this case exercised the discretion granted to him and denied a nonresident nonactive member of the State Bar of Georgia the privilege to appear as leading counsel in a Federal Employers Liability Act suit. The order of denial was certified for immediate review. The record reveals no abuse of discretion by the trial court.

Judgment affirmed. Deen and Quillian, JJ., concur.

BELL, Chief Judge.

ARGUED JANUARY 3, 1973 — DECIDED FEBRUARY 13, 1973.