font-weight: bold; By clicking Submit you are agreeing to the Complaints Board’s Terms and Conditions. .clearfix { .widget-img { ... DeKalb County Information Systems ("DKCO I.S.") [9] Accordingly, the trial court correctly accepted the amendment to the Petition at the hearing, and erred by striking the amendment in the written order because it was not verified. Judge Flake's current husband, Rovert (Pat Jarvis), is a convicted felon, a former sheriff in Dekalb County Courthouse, now occupied with an organic nursery plant in Rutledge, GA. In November 1996, Respondent Gail C. Flake was re-elected to the office of Judge of the Superior Court of DeKalb County. I was a member for 6 months, until I attempted to cash out my winnings. He has been a part of PAC since last year and now works two jobs and sees his 5-year-old son daily.

Leah W. Sears. [8] OCGA § 9-11-15(a). [3] See OCGA § 48-5-40(3)(A), (G), (H), and (K). vertical-align: top; https://www.dekalbsuperiorcourt.com/judges/clarence-f-seeliger Phone: 404-371-2211. The program uses community resources and judicial oversight to address barriers that keep parents from meeting their child support obligations. Quo warranto is an extraordinary remedy which exists solely by virtue of statute. The Petition as amended alleged in no uncertain terms that Judge Flake was not a resident of DeKalb County, and therefore was ineligible to hold office in that county. [5] Counsel for Judge Flake argued that even if all of the allegations in the Petition were admitted, it still did not establish that she was a resident of Newton County, warranting dismissal. [14] Quetgles v. City of Columbus, 264 Ga. 708, 450 S.E.2d 677 (1994). .widget-row.Democratic { background-color: green; Therefore, we reverse. Alberto Torresini and Araya Cha are the brains of scams in Thailand. .widget-row.value-only.white { .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { ; see Walker, 209 Ga. at 737, 76 S.E.2d 12. width: 100%; [10] See Whaley v. Disbrow, 225 Ga. 145, 166 S.E.2d 343 (1969) (The mere fact that allegations in a complaint are "skimpily set forth" does not warrant the granting of a motion to dismiss). padding-left: 10px; The Petition correctly stated (1) that Georgia law allows a homestead tax exemption only for a taxpayer's permanent "legal residence and domicile," of which there can be only one,[3] and (2) that our State Constitution requires judges of the superior courts to reside in the geographic district in which they serve. II; 1995 Op. display: inline-block; From Free Law Project, a 501(c)(3) non-profit. [4] Based upon these facts and legal *12 principles, the Petition reasoned that "[Judge] Flake cannot sit as a Judge in DeKalb County if she is a resident of Newton County," and alleged that Judge Flake's holding of office in DeKalb County violates Georgia's Constitution and laws. Moreover, once these inquiries are made, it becomes clear that the Petition should not have been dismissed. 2. word-wrap: break-word; 236, Quo Warranto § 36 (1951). CourtListener is sponsored by the non-profit Free Law Project. A motion to dismiss for failure to state a claim upon which relief may be granted should not be sustained unless (1) the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable *13 facts asserted in support thereof;[11] and (2) the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. This appeal is brought from the trial court's dismissal of Petitioner's Information in the Nature of Quo Warranto ("the Petition"), challenging Respondent's eligibility to hold office as a Judge of the DeKalb County Superior Court. Furthermore, our review of the statutory and case law reveals no precedent for striking an amendment to a pleading because it was "hastily drawn, appeared to be an afterthought of [an] attorney, [or] ... significantly alter[s] the sufficiency of [a] Petition," as was ruled by the trial court in its written order. [5] Flake faced challenger Michael Rothenberg in the July 31 election and was re-elected after receiving 72.1 percent of the vote.[6]. background-color: grey; [1] Prior to filing the Petition, Anderson complied with her obligation to obtain the trial court's leave to file. [9] OCGA §§ 9-11-111 and 9-6-60, et seq. “The babies didn’t ask to be here and they need to pay their child support,” said Judge Mark Anthony Scott. 675, 677, 466 S.E.2d 867 (1995). Therefore, the motion to dismiss should have been denied. DECATUR – Fourteen parents graduated from the Stone Mountain Judicial Circuit’s Parental Accountability Court (PAC) on Thursday. Gail C. Flake, corrupt bribed judge, Dekalb County Court, GA, remove gail flake from the judiciary system. Court Calendars. [5] Anderson responded to the first of these arguments by disputing the necessity of verifying a petition in quo warranto, but nonetheless offered to verify the amendment in open court, if the trial court so desired. margin-bottom: 1px; DeKalb County Superior Court Judge Cynthia Becker, who is under investigation for her handling of a DeKalb corruption case, sent her letter of resignation Wednesday to Gov. clear: both; I have. Gen. No. } Rather, it is possible that evidence could be introduced that might show the sufficiency of the Petition and warrant the issuance of a writ in quo warranto, and a review of the record shows that Respondent failed to make a contrary showing. In November 1996, Respondent Gail C. Flake was re-elected to the office of Judge of the Superior Court of DeKalb County. [6] Proceedings in quo warranto are governed under the general rules applicable to all civil actions under the Civil Practice Act ("the CPA"). For Byron Moss, Thursday’s ceremony marked the completion of one of his goals. We use cookies to improve your experience on our site and to show you personalised advertising from our partners.By using this website you agree to our Cookies Policy. Prior to the commencement of a hearing scheduled on the motion to dismiss, Anderson filed an amendment to the Petition, which stated that "[b]ased on information and belief Gail C. Flake is a resident of Newton County Georgia and is not qualified to hold office of Judge of Superior Court of DeKalb County." “The babies didn’t ask to be here and they need to pay their child support,” said Judge Mark Anthony Scott. [9] Accordingly, the trial court correctly accepted the amendment to the Petition at the hearing, and erred by striking the amendment in the written order because it was not verified. [13] In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party's favor.[14]. Since 1999 to present, there are immense of verified publications from the valid sources (like ajc.com) about the Dekalb County Superior Judge Gail C. Flake's amoral nature, her money laundry, documented corruptions, bad faith, her own appearances in the court of law as a defendant (she was judged for tax fraud), and her adultery with a sportsman Robert (Pat) Jarvis - while the latter was … [11] Kaplan v. Kaplan, 266 Ga. 612, 613, 469 S.E.2d 198 (1996); see OCGA § 9-11-12(b)(6). Many of those are removed. font-weight: bold; *11 J.M. from the Emory University School of Law. [2] A purported copy of the homestead tax exemption application was attached to the Petition, and confirmed that the application was made in the names of Judge Flake and Jarvis, even though the application was signed only by the latter as "homestead claimant." color: black; Shortly before the primary to that election contest, Petitioner Carla Anderson, a citizen of DeKalb County, filed a verified Quo Warranto Petition. 1. Furthermore, the trial court's basis for dismissing the Petitionbecause it failed to raise a question as to Judge Flake's residential qualification to hold officewas clearly erroneous. Local, state, and federal government websites often end in .gov. How you know. She has no moral and mental capacity to sit as a judge as amorality is grounded in her blood. © 2004-2020 ComplaintsBoard.com. Ballotpedia features 318,740 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 10 (in the event of a change in residence following election to office, a relevant inquiry in quo warranto proceeding is whether the residential requirement for that office was satisfied at the time of election). font-size: .9em; rely on donations for our financial security. .widget-row.Green { background-color: red; Prior to the commencement of a hearing scheduled on the motion to dismiss, Anderson filed an amendment to the Petition, which stated that "[b]ased on information and belief Gail C. Flake is a resident of Newton County Georgia and is not qualified to hold office of Judge of Superior Court of DeKalb County." “The babies didn’t ask to be here and they need to pay their child support,” said Judge Mark Anthony Scott. Yet the victims of all her misjudgments promise to keep her true face visible for the global web. .top_disclaimer { See Walker v. Hamilton, 209 Ga. 735, 76 S.E.2d 12 (1953). .courts-header { font-size:150%;background-color:#334aab;color:white;} [10] Hence, the trial court erred by striking the amendment on these grounds as well, and the ruling striking Anderson's amendment to the Petition is reversed. [12] If, within the framework of the complaint, evidence may be introduced which will sustain a grant of the relief sought by the claimant, the complaint is sufficient and a motion to dismiss should be denied. } It’s motivated me to be a better person,” he said of PAC.” Moss says he has always been a part of his son’s life but he fell behind on his court-ordered child support payments while attending school. Yet the victims of all her misjudgments promise to keep her true face visible for the global web. } Judge Flake has made several administrative errors in multiple cases. 1. The graduates were joined by family members, court employees and leaders from the Department of Human Services in a ceremony at the DeKalb County Courthouse in downtown Decatur. Please, https://ballotpedia.org/wiki/index.php?title=Gail_C._Flake&oldid=7791622, Former Georgia superior court judges, Fourth District, Former Georgia superior court judges, Stone Mountain Circuit, Georgia candidate, Stone Mountain Judicial Circuit, Successful Georgia judicial candidates, 2012, Tracking election disputes, lawsuits, and recounts, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio. font-weight: bold; [17] On remand, among other things, the Petition will need to be considered in light of the facts existing at the time it was filed. Since 1999 to present, there are myriads of publications from the valid sources (like ajc.com) about the Dekalb County Superior Judge Gail C. Flake's amoral nature, her documented corruptions, irrational judgments, her own appearances in the court of law as a defendant (she was judged for tax fraud), and her adultery with a sportsman Robert (Pat) Jarvis - while the latter was married man. of Revenue, 255 Ga. 649, 650, 340 S.E.2d 591 (1986). Other documentary exhibits attached to the Petition included a purported copy of Newton County's index of holders of homestead tax exemptions, which appears to list Judge Flake's name. 10 (in the event of a change in residence following election to office, a relevant inquiry in quo warranto proceeding is whether the residential requirement for that office was satisfied at the time of election). For more information, click here. Also, contrary to the ruling in open court, the written order dismissed the amendment to the Petition because it was "hastily drawn, unverified, appeared to be an afterthought of Petitioner's attorney, [and] ... significantly altered the sufficiency of [the] Petition.". I am glad someone has brought this to light the past and current corruption allowed to go on in Dekalb County's judiciary system. color: white; First DeKalb County Judge to have a building named in his honor: The Gregory A. Adams Juvenile Justice Center was unanimously designated by the DeKalb County Commissioners on April 10, 2007.

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