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| BBC Land & Dev., Inc. v. Butts County, S06A1686.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Trial court properly held that vested rights in certain property to develop the same in accordance with previous zoning held by some developers were not transferable to subsequent purchasers, as said rights were personal and not analogous to nonconforming uses. But, such holding did not divest the developers of any rights without their consent.
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| Bankers Trust Co. v. Hardy, S06A1790.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: When a mortgagor's joint tenant, her son, was not included in a loan, the loan's assignee was not entitled under the doctrine of equitable subrogation to the proceeds from the sale of the son's interest in the property. The assignee had been negligent in not including the son in the loan, and applying the doctrine would prejudice the son's equity.
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| Barton v. Barton, S06F2159, S06X2160.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: In dividing the marital property of the parties to a divorce action, the court was not bound by the value set forth in a buy-sell provision of a stockholder agreement in placing a value on said stock of a closely-held corporation for purposes of said division, as the buy-sell price did not reflect the true market value.
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| Chaney v. State, S06A1911.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Felony murder conviction was affirmed as evidence was sufficient to establish that defendant's blows to the head of his victim either directly or proximately caused the victim's death; case was remanded for a correction as to the final disposition order, which failed to properly reflect the suspension of a sentence for possession of a firearm.
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| Chauncey v. State, A06A1725.,
COURT OF APPEALS OF GEORGIA, January 8, 2007, Decided
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Overview: Trial court properly found defendant guilty but mentally retarded on multiple aggravated child molestation and aggravated sodomy counts, based on the testimony from the victims, which was corroborated by an investigator and a treating doctor, and similar transaction evidence. Also, no psychological investigation was required by O.C.G.A. § 17-7-131.
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| Christian v. State, S06A1755.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Defendant's felony murder, cruelty to children, and aggravated assault convictions were upheld on appeal, and did not merge for sentencing purposes. Further, although the State was negligent in timely bringing her to trial, she failed to show that she suffered any actual prejudice by the delay and waited to long to assert her speedy trial right.
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| Corvin v. Debter, S06A2039.,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Because a wife did not raise the affirmative defense of dormancy of a divorce decree, pursuant to O.C.G.A. § 9-12-60, in her answer to the husband's motion for contempt for the wife's failure to pay the husband's equity from the marital home upon the wife's remarriage, the affirmative defense was deemed waived.
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| D'Errico v. D'Errico, S06F1588,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Because questions pertaining to alimony, property, and all other issues of the marriage were intended to be covered by the parties' separation agreement in the event the parties divorced, and the wife freely entered into the same, her subsequent claim for alimony and an interest in the marital home were properly dismissed via summary judgment.
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| Folsom v. Rowell, S06A1980, S06A1981,
SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Because of its unambiguity, the court could not rewrite a will provision stating that once any of the testator's children provided care to the testator's handicapped child, only the remainder interests of other children could vest, not those of others who provided care. Furthermore, nothing showed an intent to include grandchildren as "children."
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