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| Bloodworth v. Bloodworth, A05A1718. A05A1769.,
COURT OF APPEALS OF GEORGIA, January 26, 2006, Decided
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Overview: Where a jury verdict form did not indicate whether siblings who sold their deceased mother's farm to another sibling had breached their fiduciary duty, it was error to award attorney fees to other siblings who filed suit over the property sale, as O.C.G.A. § 53-12-193(a)(4) required a finding of breach of trust.
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| Bowman v. Century Funding, Ltd., A05A2080.,
COURT OF APPEALS OF GEORGIA, January 26, 2006, Decided
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Overview: Trial court did not err in granting summary judgment to corporations on claims that they were bona fide purchasers of relevant property who did not have actual or constructive notice of the relatives' claims to the property; allegations that quitclaim deeds were notarized after they were signed was not apparent from the face of any of the deeds.
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| Brown v. State, A05A2306.,
COURT OF APPEALS OF GEORGIA, January 26, 2006, Decided
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Overview: Although victim's eyewitness testimony was sufficient to convict Georgia defendant of aggravated assault, defendant was impermissibly prejudiced by jury instruction that permitted jurors to take eyewitness's certainty into account in making its credibility determination.
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| Burdick v. Gov't Emples. Ins. Co., A05A1989.,
COURT OF APPEALS OF GEORGIA, January 26, 2006, Decided
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Overview: Question of material fact precluded summary judgment where it was not immediately clear from family members' living arrangements, where a daughter and granddaughter occupied separate floor and paid rent to parents, that the daughter whose car the father was driving at time of his accident was a "relative" for purposes of exclusion.
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| Hilliard v. SunTrust Bank, A05A2164.,
COURT OF APPEALS OF GEORGIA, January 26, 2006, Decided
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Overview: Because a daughter's potential beneficial interest in certain businesses was extinguished by a will codicil, the daughter lacked standing to sue under the joint stock and partnership agreements; therefore, summary judgment was properly granted to the siblings and the executor.
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| Ibekilo v. State, A05A1631.,
COURT OF APPEALS OF GEORGIA, January 26, 2006, Decided
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Overview: Since the controlled buy conducted under the observation of the officer alone, would have been sufficient to establish probable cause, and there was no evidence that the officer knew, or should have known, that more than one person resided at the residence, if any did at all, the trial court did not err in denying the motion to suppress.
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| Revere v. State, A05A2018.,
COURT OF APPEALS OF GEORGIA, January 26, 2006, Decided
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Overview: Defendant's conviction of aggravated stalking under O.C.G.A. § 16-5-91 was supported by sufficient evidence where the victim had previously permitted defendant on the premises since the issuance of the no contact order. The victim's previous consent was immaterial where defendant refused the victim's order to leave on the occasion at issue.
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| Suggs v. Hale, A05A1662.,
COURT OF APPEALS OF GEORGIA, January 26, 2006, Decided
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Overview: As plaintiff and defendant settled wrongful death suit against them without admitting liability, defendant, who sought contribution from plaintiff, had to prove joint negligence; it was not established by the settlement and dismissal with prejudice. Therefore, court properly denied defendant's motion for summary judgment on his contribution claim.
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