A post-settlement court dispute involving Ocean County GOP Chairman George Gilmore and his wife, Joanne Gilmore, was withdrawn one day before Gilmore was re-elected to lead the Ocean County Republican Organization.
Toms River, NJ – A post-settlement motion in a long-running civil lawsuit involving Ocean County GOP Chairman George Gilmore and his wife, Joanne Gilmore, was withdrawn this week, signaling that a dispute over enforcing the parties’ settlement may have been resolved.
Court records show attorneys representing accounting firm Withum Smith & Brown and accountant Robert H. Hutchins withdrew a Motion to Enforce Litigants’ Rights on June 29, ending a request that had been pending following the settlement of the case earlier this year.
The withdrawal came one day before George Gilmore was re-elected to another term as chairman of the Ocean County Republican Organization.
Case settled before scheduled trial
The lawsuit began in July 2022 when Joanne Gilmore sued Hutchins and Withum, alleging the defendants committed accounting malpractice by failing to advise her that she could file separate federal tax returns instead of joint returns with her husband.
According to the complaint, Joanne Gilmore claimed that because she filed joint tax returns, she became subject to IRS collection actions, tax liens, and the seizure of proceeds from property sales related to unpaid federal tax liabilities. She alleged that had she been advised to file separately, she could have avoided those collection efforts.
The complaint asserted claims including negligence, professional malpractice, breach of fiduciary duty, and breach of contract. George Gilmore later became involved in the litigation through related third-party claims.
The matter was scheduled for trial several times before the parties reached a settlement in April. The court entered an Order of Dismissal/Case Settled, and the scheduled trial was canceled after the parties resolved the case before trial.
Enforcement dispute never decided
Despite the settlement, attorneys for Hutchins and Withum filed a Motion to Enforce Litigants’ Rights in May, a procedural request typically used when a party contends another party has failed to comply with a court order or settlement agreement.
The motion was adjourned several times and never reached a decision on the merits. On June 29, the defendants voluntarily withdrew the motion, and the court marked it as withdrawn.
The court docket does not specify why the motion was withdrawn, and there is no ruling indicating either side prevailed on the enforcement dispute.
George Gilmore, who serves as chairman of the Ocean County Republican Organization, was convicted in federal court in 2019 on tax-related offenses and was sentenced to one year and one day in prison. Before reporting to prison, Gilmore received a presidential pardon from President Donald Trump.
Key Points
- A motion seeking to enforce a settlement agreement in litigation involving George and Joanne Gilmore was withdrawn on June 29.
- The lawsuit alleged accounting malpractice by Joanne Gilmore’s former accountants and settled before trial in April.
- The motion was withdrawn one day before George Gilmore was re-elected chairman of the Ocean County Republican Organization.
Related: George Gilmore, Joanne Gilmore, Ocean County Republican Organization, Withum Smith & Brown, Ocean County Superior Court
Sources: Ocean County Superior Court docket, Joanne Gilmore complaint filed July 13, 2022.