In RE: L.R. Barnes, LLC d/b/a Four Seasons Auction Gallery of Forsyth, Civil Action File No. 16-1-2093-40 heard on Friday, October 28, 2016 in Marietta, Georgia.
00:00 Cobb County Superior Court
01:44 Judge Robert E. Flournoy, III
02:53 In RE: L.R. Barnes, LLC d/b/a/ Four Seasons Action Gallery of Forsyth, Civil Action File No. 16-1-2093-40
05:29 Judge Flournoy styles the case
08:08 Michelle R. Wilson on behalf of receiver Perry A. Phillips
10:05 Bailiff leaves to make copies of suggested distribution
10:23 Paul J. Dzikowski represents landlord, W.B. McClanahan & Associates
14:43 Perry A. Phillips, receiver for L.R. Barnes, LLC d/b/a Four Seasons Auction Gallery of Forsyth
17:34 Heather C. Donahue hands out proposed distribution
18:25 Michelle Wilson instructs law students seated in jury box
20:44 Perry Phillips states that he has been threatened
21:05 Court called to order
21:54 Perry Phillips, receiver appointed by the Court, testifies
33:22 Perry Phillips, cross examination by Richard V. Merritt
1:08:51 Perry Phillips steps down
1:09:50 Donny Millsaps, Athens, Tennessee; direct examination by Rich Merritt
1:18:10 Donny Millsaps, cross examination by Michelle Wilson
1:31:30 Donny Millsaps steps down
1:31:38 Pamela Michaels, Alabama; direct examination by Rich Merritt
1:47:29 Pamela Michaels, cross examination by Michelle Wilson
1:56:20 Pamela Michaels steps down
1:57:00 Gary M. Gibbs, Jr., Gainesville, Georgia; direct examination by Rich Merritt
2:01:22 Gary M. Gibbs steps down
2:01:30 Several other folks not represented by Mr. Merritt
2:02:25 Scott Goldberg, Marietta, Georgia; direct examination by Rich Merritt
2:08:09 Scott Goldberg, cross examination by Michelle Wilson
2:08:26 Scott Goldberg steps down
2:08:34 K Anderson, Marietta, Georgia; direct examination by Rich Merritt
2:14:20 K Anderson steps down
2:14:48 Lisa J. Hammond, Fayetteville, Georgia; direct examination by Rich Merritt
2:25:57 Lisa J. Hammond, cross examination by Michelle Wilson
2:26:56 Lisa J. Hammond steps down
2:27:08 Brian Nolan, Gwinnett County, Georgia; direct examination by Rich Merritt
2:38:46 Brian Nolan, cross examination by Michelle Wilson
2:39:33 Brian Nolan questions Perry Phillips about discrepancy between $30,000 of assets vs. $3,000,000 of claims
2:42:38 Who is L.R. Barnes? Lorena Barnes was the mother of Steve White.
2:43:17 Dennis Whitlinger, Hueytown, Alabama; direct examination by Rich Merritt
2:52:55 Dennis Whitlinger, cross examination by Michelle Wilson
2:53:54 No more witnesses. Claimants rest.
2:54:45 Perry Phillips offers rebuttal
3:10:25 Perry Phillips offers to withdraw as receiver, Judge Flournoy agrees contingent to Rich Merritt accepting receivership
3:11:40 Richard V. Merritt makes closing argument on behalf of claimants
3:18:48 Judge Robert E. Flournoy, III remarks: “He’s made an accurate accounting, Mr. Merritt. He really did. He did the best he could, given the limited resources — but go ahead.
“One more time, I’ll appoint you as the receiver if you want it, but you don’t want it, and you don’t have another lawyer to appoint either ... and I don’t have the power to compel somebody to work for free. That’s not appropriate and I’m not going to go pick out some lawyer and say: you’ve got to do this.
“And he has made an accounting, and so, once again, I’ve offered you the opportunity, if your clients want to hire an accountant to go and review the books and review everything that Mr. Phillips has done, you all please do that. All of his books are open for you to go and review. He hadn’t — he’s not hiding anything.
“Allay your clients’ suspicion — allay your clients’ suspicions that somehow Mr. Phillips has lined his pockets with money. He’s not.
“I understand what really happened here, which is that Mr. [Stephen] White cheated these people. Mr. White was a thief, a scoundrel and a crook — and so I’m sorry, but that’s what happened, and then he killed himself.
“And in the meantime, if you could find somebody who would like to step in, because he’s more than happy to turn over responsibility to some other lawyer. And, if you can find somebody who will be willing to serve as the receiver, I’ll be glad to do that. Again, I’ll appoint you.
“And last, but not least, if you all do want to hire a forensic accountant to go in and do some investigation, you certainly can.
“And there’s not any money left. There really isn’t.
“I’m trying to make you feel comfortable, on behalf of your clients, that nobody has stolen money — other than the dead man — other than the dead man did steal money.”
3:21:49 Mr. Merritt thanks the Court.
3:21:54 Judge Flournoy sets the hearing date for Friday, December 16, 2016.
3:23:06 Nothing will be disbursed until the next hearing.
3:24:53 Nydia Tisdale, citizen journalist, video recorded hearing
Nydeo by Nydia Tisdale for AboutForsyth.com. Please $upport Nydeos via PayPal.