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| Hosp. Auth. of Gwinnett County v. Rapson, A06A2446.,
COURT OF APPEALS OF GEORGIA, January 24, 2007, Decided
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Overview: Gwinnett County trial court properly granted an emergency motion by a husband and wife, in their medical malpractice action, to transfer the case back to the Fulton County, based on the Supreme Court of Georgia finding that O.C.G.A. 9-10-31(c) was unconstitutional, and their participation in the litigation did not waive the transfer issue.
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| State v. West, A06A2441.,
COURT OF APPEALS OF GEORGIA, January 25, 2007, Decided
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Overview: Order quashing an indictment against defendant, a public official, was reversed, as it was undisputed that defendant was not charged under O.C.G.A. § 45-11-4(b), the State declined to charge defendant under that section of the statute, and hence, the protections of O.C.G.A. §§ 45-11-4(f) & (g) were not triggered.
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| Brewer v. Royal Ins. Co. of Am., A06A1912.,
COURT OF APPEALS OF GEORGIA, January 26, 2007, Decided
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Overview: A business owner's argument that he did not assent to the terms of a contract for workers' compensation insurance as required by O.C.G.A. § 13-3-2 because he could not read well enough failed. The owner had a tenth-grade education and experience with contracting and insurance policies. He did not show he was induced to sign the agreement by fraud.
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| Haldi v. Piedmont Nephrology Assocs., P.C., A07A0164,
COURT OF APPEALS OF GEORGIA, January 26, 2007, Decided
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Overview: Trial court properly dismissed an employee's injunction claim regarding a contract between his employer and the employee's desired physician on standing grounds, rejecting his claim to enjoin the enforcement of a non-compete provision in said contract, as the employee was not a party to the contract or an intended beneficiary of the same.
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| Phillips v. State, A06A2123.,
COURT OF APPEALS OF GEORGIA, January 26, 2007, Decided
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Overview: Trial court properly denied defendant's motion to suppress evidence, in a prosecution against him for various sex crimes, when, despite not alleging specific ages, the affidavit sought information of alleged sexual activity involving minor children and was predicated on information involving sexual activity between defendant and the victim.
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| Smith v. State, A06A1922.,
COURT OF APPEALS OF GEORGIA, January 26, 2007, Decided
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Overview: Trial court abused its discretion in revoking defendant's probation based upon incompetent and insufficient evidence. The only evidence that a crime was committed was an officer's hearsay testimony that he was told that an air compressor had been stolen. That testimony was offered only to show the officer's reasons for conducting an investigation.
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| Fowler v. Atlanta Napp Deady, Inc., A06A2410.,
COURT OF APPEALS OF GEORGIA, January 29, 2007, Decided
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Overview: Damages judgment entered against two accountants for malpractice and related claims was upheld on appeal, as the court properly: (1) imposed sanctions for their failure to comply with discovery; (2) instructed the jury; (3) excluded evidence as to the amount of cause of damages, and (4) allowed a client to remain a party despite its dissolution.
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| In re Scheib, A06A1671.,
COURT OF APPEALS OF GEORGIA, January 29, 2007, Decided
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Overview: As Georgia law did not require anyone to prosecute a contempt action, because the conduct charged already occurred and was of record, and a trial judge could make a finding of contempt instanter, given that an attorney was provided with due process, an attorney's motion to dismiss the same for lack of a "prosecutor" was properly denied.
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| Moore v. Wilkerson, A06A2027.,
COURT OF APPEALS OF GEORGIA, January 30, 2007, Decided
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Overview: Because the record failed to show that an injured passenger exercised either reasonable diligence or the greatest possible diligence in attempting service of process on a driver that she alleged was at fault for causing her injuries in a car accident, no abuse of discretion resulted in an order granting summary judgment to the driver.
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