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| Anderton v. State, A07A0418.,
COURT OF APPEALS OF GEORGIA, February 7, 2007, Decided
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Overview: Defendant's statement that "I will take a blood test" was not a request for an independent test under the implied consent law, O.C.G.A. § 40-5-67.1(b)(2), but was an attempt to designate which test would be administered by the State; therefore, the trial court properly denied defendant's motion to suppress the test results.
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| Dunn v. Venture Bldg. Group, Inc., A06A1809.,
COURT OF APPEALS OF GEORGIA, February 8, 2007, Decided
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Overview: Because the only evidence showing any authority to act as an agent for the sellers was based on hearsay, and no exception applied, two of the sellers were entitled to a directed verdict against an investor. Further, a third seller was entitled to the same remedy as the investor failed to prove the precise market value as of the date of the breach.
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| Einglett v. State, A06A1791.,
COURT OF APPEALS OF GEORGIA, February 8, 2007, Decided
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Overview: Because defendant's burglary conviction was not affected by an acquittal on an armed robbery count, the inconsistent verdict rule did not warrant reversal, and defendant did not receive the ineffective assistance of his trial counsel, said burglary conviction was upheld on appeal.
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| Honkan v. Honkan, A06A2407.,
COURT OF APPEALS OF GEORGIA, February 8, 2007, Decided
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Overview: Because the record failed to show that a plaintiff was afforded an opportunity to challenge an award of attorney's fees to defendant, that part of the judgment had to be vacated and remanded for an evidentiary hearing regarding whether defendant was entitled to an award under O.C.G.A. § 9-15-14(b), and if he was, to determine the amount.
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| In the Interest of A.F., A06A1980, A06A1981.,
COURT OF APPEALS OF GEORGIA, February 8, 2007, Decided
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Overview: In consolidated termination of parental rights cases, termination was reversed; the record failed to present clear and convincing evidence that the children's deprivation was likely to continue. Both parents made significant progress on their case plans, and it was clear that the children were emotionally attached to the parents.
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| Ishak v. First Flag Bank, A06A2203.,
COURT OF APPEALS OF GEORGIA, February 8, 2007, Decided
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Overview: Because a bank laid an adequate foundation for a loan history report it presented as a business record in order to support its claim for the balance of the money due under a loan by a guarantor, said report was properly admitted as a business record under O.C.G.A. § 24-3-14, entitling the bank to summary judgment on its claim.
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| McKinney v. Regents of the Univ. Sys. of Ga., A06A2439,
COURT OF APPEALS OF GEORGIA, February 8, 2007, Decided
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Overview: Because any duty a construction site owner and various contractors had to warn a construction worker of the buried electrical lines was satisfied by notice to that worker's supervisor, the trial court properly entered summary judgment against the worker in his negligence action filed against them, as no other duties existed.
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| Perry v. State, A06A2326.,
COURT OF APPEALS OF GEORGIA, February 8, 2007, Decided
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Overview: New trial was properly denied, as the evidence against defendant was legally sufficient, similar transaction evidence was correctly admitted, and the fact that portions of the methamphetamine found was not tested went to the weight of the evidence, not admissibility. However, the sentence imposed on a tampering with evidence charge was reversed.
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| Sellers v. Burrowes, A06A1857.,
COURT OF APPEALS OF GEORGIA, February 8, 2007, Decided
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Overview: In a medical malpractice action, because the trial court abused its discretion by failing to dismiss a specific juror for cause based on her partiality to doctors and her intimations that they should be given special protections, given that the decedent's spouse had exhausted his peremptory strikes, he was entitled to a new trial.
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