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| B&B Quick Lube, Inc. v. G&K Servs. Co., A07A0074,
COURT OF APPEALS OF GEORGIA, January 5, 2007, Decided
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Overview: Trial court properly denied a motion to set aside a default judgment, as sufficient evidence was presented that plaintiff exercise reasonable diligence in attempting to serve defendant's registered agent before resorting to service via statutory overnight delivery. Hence, defendant's due process rights were not violated.
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| Collins v. State, A06A1652,
COURT OF APPEALS OF GEORGIA, January 5, 2007, Decided
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Overview: While defendant's violent acts and heated argument with the victim supported his aggravated battery conviction, and he failed to show prejudice by his counsel's alleged ineffectiveness, his reckless conduct conviction, and resulting sentence, were both vacated, as such merged with the aggravated battery offense.
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| Fields v. State, A06A2254.,
COURT OF APPEALS OF GEORGIA, January 5, 2007, Decided
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Overview: Attempted armed robbery conviction was upheld, as severance from a separate charge of armed robbery was not required, given that the two crimes were part of a series of connected acts, committed within a short period of time, in the same area, and with the same weapon. Further, alleged hearsay was properly admitted as part of the res gestae.
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| Mays v. Ellis, A06A1696.,
COURT OF APPEALS OF GEORGIA, January 5, 2007, Decided
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Overview: Trial court properly denied a doctor's motion to exclude testimony from the patient's expert witness, despite the fact that the expert had a different specialty than the doctor, as such was allowed under O.C.G.A. § 24-9-67.1(c), and the expert's testimony addressed the doctor's alleged misdiagnosis, which was the ultimate issue in the case.
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| Rouse v. Arrington, A06A1973.,
COURT OF APPEALS OF GEORGIA, January 5, 2007, Decided
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Overview: Because the record failed to establish without dispute that plaintiff's failure to comply with a court's discovery order was wilful, an order dismissing her complaint with prejudice was reversed, and the matter was remanded for a hearing as to the issue of wilfulness.
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| State v. Davis, A06A1963. A06A1964. A06A1965.,
COURT OF APPEALS OF GEORGIA, January 5, 2007, Decided
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Overview: Because a traffic stop of the vehicle in which both the defendants occupied was properly based on a violation of O.C.G.A. § 40-2-41, consent to search both the vehicle and the second defendant's person was voluntarily given, and no evidence of duress or coercion was presented, an order granting suppression of the cocaine seized was reversed.
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| Walker v. State Farm Mut. Auto. Ins. Co., A05A1090.,
COURT OF APPEALS OF GEORGIA, January 5, 2007, Decided
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