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| Bond v. State, A07A0766.,
COURT OF APPEALS OF GEORGIA, February 16, 2007, Decided
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Overview: Aggravated assault conviction was upheld on appeal, as the victim's identification of the defendant as his assailant, both during and after the altercation, supported the same, and evidence of a subsequent altercation between the two was probative evidence that the victim immediately identified defendant to police on the day of the incident.
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| Daniel Mill, LLC v. Lyons, A06A2214.,
COURT OF APPEALS OF GEORGIA, February 16, 2007, Decided
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Overview: A property description in a backup contract was too vague to satisfy the statute of frauds. The backup contract did not refer specifically to the primary contract or incorporate the property description in that contract by reference; there was no "key" that opened the door to extrinsic evidence leading unerringly to the land in question.
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| Hayward-El v. State, A07A0468.,
COURT OF APPEALS OF GEORGIA, February 16, 2007, Decided
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Overview: When an officer stopped defendant's car in the belief that defendant was violating a noise ordinance, saw in plain view what appeared to be illegally recorded DVDs, and placed defendant under arrest for violating O.C.G.A. § 16-8-60, the subsequent search of the car was not illegal, based on the justified traffic stop and the plain view doctrine.
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| Lamb v. Verizon Wireless Servs., LLC, A06A2251.,
COURT OF APPEALS OF GEORGIA, February 16, 2007, Decided
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Overview: Despite a customer's claim that she filed her suit within the two year statute of limitations under 15 U.S.C.S. § 1681p regarding additional reports of her outstanding debt filed by her wireless service provider to other credit agencies, absent evidence in the record to support said claim, summary judgment was properly entered against her.
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| McCombs v. Ga. Natural Gas Co., A07A0759.,
COURT OF APPEALS OF GEORGIA, February 16, 2007, Decided
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Overview: Because a prior personal injury action between the parties was automatically dismissed for want of prosecution, and since the present action was not renewed within six months of that dismissal, the applicable two-year statute of limitation barred the present action, supporting the trial court's summary dismissal of the same.
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| Reason v. State, A07A0309.,
COURT OF APPEALS OF GEORGIA, February 16, 2007, Decided
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Overview: Defendant's convictions for possession of cocaine with intent to distribute and possession of a controlled substance within 1,000 feet of a housing project, in violation of O.C.G.A. §§ 16-13-30(b) and 16-13-32.5(b), were based on evidence that drugs were found in a bucket that defendant was seen frequenting during what appeared to be drug sales.
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| Shannon v. Fortenberry, A06A1707.,
COURT OF APPEALS OF GEORGIA, February 16, 2007, Decided
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Overview: In a wrongful death case resulting from the decedent's car sliding on ice created by defendants' burst water pipes, summary judgment was properly granted to defendants. There was no evidence that defendants' negligence had caused the pipes to burst or that they had actual or constructive knowledge of the ice on the road.
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| Williams v. Alvista Healthcare Ctr., Inc., A07A0411.,
COURT OF APPEALS OF GEORGIA, February 16, 2007, Decided
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Overview: A deceased nursing home resident's children's claim was properly dismissed under O.C.G.A. § 9-11-9.1, as they alleged that a nursing home, through its employees, failed to properly administer medication to the resident which resulted in her death; the theory was based on professional negligence of the nurses, and an expert affidavit was required.
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