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| Bailey v. Bailey, A07A0610.,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: Because a claim to change custody could not be asserted as a counterclaim, pursuant to O.C.G.A. § 19-9-23, the trial court erred in denying a father's motion to dismiss the same asserted by a mother. Moreover, the father's failure to raise the matter as a defense did not act as a waiver, as he filed no response to the counterclaim.
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| Banegas v. State, A06A1918.,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: Involuntary manslaughter conviction was affirmed, as the victim's statement was not hearsay, the Vienna Convention did not afford defendant any relief, a fireman was properly allowed to remain on the jury, a reference to defendant's immigration status did not warrant a mistrial, and challenged portions of the State's argument were not improper.
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| City of Stockbridge v. Meeks, A06A1839.,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: Given that a city's condemnation petition failed to plead a proposed taking for public use in compliance with O.C.G.A. § 22-2-102.2(1) and (5), a trial court did not err by dismissing the city's condemnation petition.
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| Cole v. State, A06A2310.,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: Because defendant failed to show that he was actually prejudiced by the trial court's denial of his motion to withdraw his guilty plea to possessing cocaine and speeding and the requirement to keep his appointed counsel present at the defense table during trial after retaining new counsel, the denial of the motion was upheld on appeal.
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| Hicks v. Newman, A06A2119.,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: Summary judgment in a negligence suit was properly entered against a couple, and in favor of a father, as the family purpose doctrine did not apply, and father's son was not a member of the father's household. Further, because the couple failed to come forward with evidence in opposition to the summary judgment motion, they could not prevail.
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| In the Interest of H.E.M., A06A2176.,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: Because the great-grandparents failed to follow the interlocutory appeal procedure outlined in O.C.G.A. § 5-6-34(b) in appealing an order denying their motion to intervene in a deprivation action, as said order was not a final judgment, their appeal had to be dismissed.
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| In the Interest of R.V., A06A2333.,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: Because the juvenile court failed to include the required findings under O.C.G.A. § 17-14-10 to support a restitution award, and the testimony regarding the amount of damages claimed was insufficient and partly based on hearsay, said award was vacated, and the case was remanded for a new hearing.
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| L. Lowe & Co., Inc. v. Sunset Strip Props., LLC, A07A0498, A07A0499.,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: In a breach of contract action, because that contractor failed to present sufficient evidence linking an LLC to the contract sued upon, but all the evidence involved its negotiations and dealings with a businessman and his company, the LLC was properly granted a directed verdict as to the issue of liability under said contract.
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| Smith v. Atl. Mut. Cos., A06A1966.,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: In a suit brought by an insurer, as subrogee of its insured, summary judgment in its favor was reversed where the insurer failed to attach any evidence to its complaint or motion for summary judgment that it paid a claim on behalf of its insured nor any evidence that defendant driver was at fault.
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| Wright v. AFLAC, Inc., A06A2335,
COURT OF APPEALS OF GEORGIA, January 31, 2007, Decided
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Overview: Because no evidence was presented that the stock held by two stockholders was in a corporation, and their claims of fraud were vague at best, hinging on an unsubstantiated assertion, the corporation was properly granted summary judgment in the stockholders' declaratory judgment action.
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