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State Court Interpleader Complaint

IN THE SUPERIOR COURT OF GWINNETT COUNTY
STATE OF GEORGIA
XYZ BANK, N.A.,

CIVIL ACTION

SANDRA DOE and JAMES DOE
YOUR DOG PLACE, INC.
______________________________________

PETITION FOR INTERPLEADER

COMES NOW COTTON STATES MUTUAL INSURANCE COMPANY, (hereinafter “COTTON STATES”), an insurance company doing business in the State of Georgia , and pursuant to O.C.G.A. §9-11-22 and 23-3-90 et seq. files this Petition for Interpleader and concurrently tenders into the Registry of Court the sum of $17,500.00 by way of interpleading, shows to the Court as follows;

Defendant, individually and in her capacity as Administratrix of the Estate of Christopher and is subject to the jurisdiction and venue of this Court by service upon her at the aforementioned address.

Defendant, Esq. does business at xxxx and is subject to the jurisdiction and venue of this Court by service upon him at the aforementioned address as a joint Defendant.

Defendant 2, Esq. does business at xxx and is subject to the jurisdiction and venue of this Court by service upon him at the aforementioned address as a joint Defendant.

Defendant, P.C. do business at The Equitable Building 100 Peachtree Street NW, Suite #400 Atlanta, GA 30303 and are subject to the jurisdiction and venue of this Court by service upon Doe at the aforementioned address as a joint Defendant.

On or about May 16, 1998, Christopher, a minor, was fatally injured as a pedestrian when he was struck by Doe, Cotton States’ insured. Doe had an insurance policy with $50,000.00 in limits, policy #0.

The deceased’s Mother, Doe, apparently initially retained Attorney Doe in 1998 to represent her and her deceased child. Mr. Doe was apparently discharged sometime in August of 1998. He subsequently filed an attorney’s lien for $1,750.00. (see exhibit “A”)

The deceased’s Mother then retained Attorney Doe2 and correspondence was sent between attorney and Cotton States as well as Counsel for Mrs., also counsel for Cotton States in the instant action. The deceased’s Mother apparently then discharged attorney in January of 2000. Attorney Jones filed a lien for $17,500.00, representing the full 33% of attorneys fees for the policy limits of $50,000.00. (see Exhibit “B”)

The deceased’s Mother then retained the firm of PC. (hereinafter “T”) and worked with Attorney at that firm. On May 19, 2000, Attorney Doe filed suit on behalf of xxx in the State Court of Fulton County, civil action #. She is currently represented by that firm. Throughout 2001, various matters relative to the identity of the natural father and various healthcare liens were negotiated and have been resolved.

There is no dispute that the insurance policy has been tendered in its full value of $50,000.00. Defendants Doe, Jones and dispute which of them is entitled to what portion of the $17,500.00 in attorney’s fees, representing 33% of the total settlement value of $50,000.00.

By reason of these conflicting claims of the Defendants, Plaintiff is in great doubt as to which defendant is entitled to be paid the attorneys’ fees from the settlement proceeds. These claims are such that the Plaintiff is or may be exposed to double or multiple liabilities.

Wherefore, Plaintiff respectfully requests that the Court adjudge:

  1. That Defendants be required to interplead;
  2. How much Douglas J. Doe, Esq. is entitled to from the settlement proceeds in the Registry of Court;
  3. How much Jesse L. Jones, Esq. is entitled to from the settlement proceeds in the Registry of Court;
  4. How much the firm of P.C. is entitled to from the settlement proceeds in the Registry of Court;
  5. That each of the Defendants be restrained from instituting any action against Plaintiff for the recovery of the amount of said policy or any part thereof;
  6. Or that the Defendants be required to interplead and settle between themselves their rights to the money due under said policy and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.
  7. That Plaintiff recover its costs.
  8. Such other and further relief as to the Court may seem reasonable and necessary.

Respectfully submitted this the                  day of                         , 2002

_______________________________
Christopher Simon Attorney at Law, #646922

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visit us 2860 Piedmont Rd NE #210
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