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   State Courts - Georgia - February 19, 2007

  
Briden v. Clement, A06A2080., COURT OF APPEALS OF GEORGIA, February 19, 2007, Decided
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Overview: Because evidence conclusively demonstrated a settlor's intent to divide the remainder of a trust's proceeds equally between his two children, per stirpes, the trial court did not err in granting summary judgment in favor of his son, and against his contestant daughter, as an agreement to reform the trust reflected said intent.

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Garland v. State, A06A1697, A06A1698., COURT OF APPEALS OF GEORGIA, February 19, 2007, Decided
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Overview: Evidence was sufficient to support defendants' convictions for, inter alia, aggravated assault, burglary, and armed robbery, as one defendant and another man forced their way into the victim's home, physically struggled with him while armed with a gun, and demanded his marijuana which was allegedly stored in the home.

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Palmer & Cay of Ga., Inc. v. Lockton Cos., Inc., A05A0272., COURT OF APPEALS OF GEORGIA, February 19, 2007, Decided
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Overview: Where non-solicitation of customer covenants in former employees' contract with their former employer were sufficiently limited in scope and were reasonably designed to protect the employer from the risk that the employees might appropriate its customers by taking unfair advantage of the relationships that they developed, the covenants were upheld.

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Reliance Elec. Co. v. Brightwell, A06A1665., COURT OF APPEALS OF GEORGIA, February 19, 2007, Decided
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Overview: Because a WC-2 was sufficient to place the Board and an employee on notice of the reason for terminating benefits due to a change in condition for the better, the employee was entitled to benefits for the ten days following the filing of the notice and attorney's fees, if the employer's failure to comply with O.C.G.A. § 34-9-221 was unreasonable.

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State v. Aycock, A07A0695., COURT OF APPEALS OF GEORGIA, February 19, 2007, Decided
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Overview: As witnesses were sworn in a prior bench trial against defendant and the State thereafter terminated that case when it nolle prossed the charges over defendant's objection, jeopardy attached under Ga. Const. art. I, § I, para. XVIII, and under O.C.G.A. § 16-1-8(a)(2), the State could not thereafter retry defendant on the same charges.

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