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final and complete resolution of all available claims, defenses, counterclaims, cross-
claims and third-party claims.
As evidenced by the signature of the parties below, the parties have stipulated to
judgment and the following findings of fact and conclusions of law.
Findings of Fact
Gary Wayne Thompson is an incompetent adult. He was rendered incompetent
as a result of a vehicular accident. Following the accident and assertion of claims
against alleged tort-feasors, his former wife Donna Thompson petitioned the Probate
Court of Coweta County and became Gary Wayne Thompsons guardian.
Subsequently Donna Thompson sought a divorce from Gary Wayne Thompson and
resigned as guardian.
Mark Andrew Gomez was appointed as successor guardian of the Estate of Gary
Wayne Thompson following Donna Thompsons resignation. Mark Andrew Gomez
sought his guardians bond from Hartford Fire Insurance Company.
He executed a
bond application, which contained an indemnity agreement in favor of Hartford. Mark
Andrew Gomez signed the bond application on behalf of his law firm Knight,
Stemberger & Gomez, P.C. Mark Andrew Gomez posted a $265,000.00 probate bond
by the Hartford Fire Insurance Company.
While guardian of the property of Gary Wayne Thompson, Mark Andrew
Gomez regularly filed annual returns, petitions to encroach and the other reports
required of him by the law of the State of Georgia. Most of these requests and returns