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| In the Interest of C.L.Z., A06A2294,
COURT OF APPEALS OF GEORGIA, January 9, 2007, Decided
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Overview: Order finding young child deprived was reversed; single episode of grandmother yelling at the child and pushing her face into side of a car did not provide clear and convincing evidence of deprivation under O.C.G.A. § 15-11-2(8)(A) where there was no other evidence of physical or mental abuse or that grandmother had history of emotional problems.
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| Gamble v. State, A06A1715.,
COURT OF APPEALS OF GEORGIA, January 10, 2007, Decided
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Overview: There was sufficient evidence to find defendant guilty of driving under the influence of alcohol to the extent that he was a less safe driver. The officer who stopped him at a roadblock testified that defendant had a strong odor of alcohol about him, that his eyes were bloodshot, that he was slack-jawed, and that his speech was slurred.
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| Mesaros v. State, A06A2366.,
COURT OF APPEALS OF GEORGIA, January 10, 2007, Decided
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Overview: As defendant's blood-alcohol content registered over .3, well over the legal limit, the trial court could have concluded that a witness's live testimony would not have greatly assisted the defense, and that the witness's absence due to delay was not prejudicial. The trial court did not abuse its discretion in denying defendant's motion to dismiss.
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| Buckholts v. State, A06A1907.,
COURT OF APPEALS OF GEORGIA, January 11, 2007, Decided
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Overview: Defendant's convictions for following too closely and trafficking in cocaine were affirmed; the evidence, including an officer's testimony, authorized the jury to find beyond a reasonable doubt that defendant had followed the lead truck more closely than was reasonable and prudent in light of the vehicles' speed and traffic conditions.
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| Burchett v. State, A06A2316,
COURT OF APPEALS OF GEORGIA, January 12, 2007, Decided
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Overview: Defendant's conviction for underaged drinking of an alcoholic beverage was upheld on appeal since the police officer smelled alcohol on defendant's breath in the county wherein he was arrested, which was enough to establish venue, pursuant to O.C.G.A. § 17-2-2(h), and defendant failed to prove any affirmative defense.
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| Covington Square Assocs., LLC v. Ingles Mkts., Inc., A07A0332,
COURT OF APPEALS OF GEORGIA, January 12, 2007, Decided
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Overview: Because a lessee was not required to pay its portion of security related costs under the terms of its lease, according to the Common Area Costs formula contained therein, authorizing it to refuse to pay the same, the lessee was properly granted summary judgment as to the issue of its alleged breach of said lease filed against it by the lessor.
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| Hall v. State, A06A1700.,
COURT OF APPEALS OF GEORGIA, January 12, 2007, Decided
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Overview: Despite denying any knowledge of existence of drugs or other contraband in a motel room in which he was staying, based on his occupancy of the room, the fact that evidence that was found near other evidence that he admitted was his, and no one else had a key to the room, sufficient evidence existed to support defendant's drug-related convictions.
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| Rawcliffe v. Rawcliffe, A06A1674,
COURT OF APPEALS OF GEORGIA, January 12, 2007, Decided
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Overview: While the trial court could properly enter a protective order enjoining a sister-in-law from contacting, following, or approaching within 500 yards of the victim, it could not prohibit the sister-in-law from owning or possessing a firearm for the duration of the order, or prohibit her from contacting her family when the victim was not present.
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| Roberts v. Outback Steakhouse of Fla., Inc., A06A1755.,
COURT OF APPEALS OF GEORGIA, January 12, 2007, Decided
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Overview: In a slip and fall suit brought by a customer against a restaurant, because there was no suggestion that the restaurant allowed rain water to remain on the floor long after a storm had ended and the accumulation of water at the entrance was not unusual, summary judgment in favor of the restaurant was upheld on appeal.
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| Steele v. Atlanta Maternal-Fetal Med., P.C., A06A2462.,
COURT OF APPEALS OF GEORGIA, January 12, 2007, Decided
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Overview: The judgment in favor of defendants in a medical malpractice suit was upheld on appeal because plaintiffs failed to provide an adequate record on their appeal so as to allow the appellate court to address the alleged errors committed by the trial court. As a result, the trial court's rulings were presumed correct.
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