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   State Courts - Georgia - February 2 - February 3, 2006

  
Crawford v. Dammann, A05A2101, A05A2114., COURT OF APPEALS OF GEORGIA, February 2, 2006, Decided
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Overview: Trial court erred in enjoining a subdivision association from charging a development company water-service fees pursuant to a default judgment as the default did not admit the company's conclusions of law, and the appellate court found that covenants on the land allowed the association to charge the water-service fees.

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In the Interest of D.B., A05A2338., COURT OF APPEALS OF GEORGIA, February 2, 2006, Decided
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Overview: Trial court properly granted an agency's motion pursuant to O.C.G.A. § 15-11-58 to end reunification services provided to parents, as the evidence indicated that the parents had refused to cooperate with case plans and had completely denied responsibility for placing the children in a harmful situation.

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In the Interest of T.K.L., A06A0186., COURT OF APPEALS OF GEORGIA, February 2, 2006, Decided
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Overview: In the juvenile delinquency case, while neither defendants nor their parents were served with copies of the petitions and hearing summonses as required by O.C.G.A. § 15-11-39, defendants and their parents appeared at the hearings with their attorneys without objecting to lack of notice. Thus, they waived the notice issue.

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Malone v. State, A06A0464., COURT OF APPEALS OF GEORGIA, February 2, 2006, Decided
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Overview: Where the victim testified that defendant fondled her vaginal area and where the victim stated that defendant told her he wanted her to feel good, this was sufficient to establish the elements of child molestation under O.C.G.A. § 16-6-4(a) and to infer that defendant acted with the intent to arouse or satisfy his or her sexual desires.

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Trax-Fax, Inc. v. Hobba, A06A0397., COURT OF APPEALS OF GEORGIA, February 2, 2006, Decided
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Overview: A trial court properly determined that O.C.G.A. § 34-9-245 was a statute of repose, rather than a statute of limitations, and that it could be applied retroactively; accordingly, an award of reimbursement to an insurer for benefits paid to an employee was proper, but not for reimbursement beyond the two-year statutory period.

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McCormick v. State, A05A2099., COURT OF APPEALS OF GEORGIA, February 3, 2006, Decided
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Moore v. State, A06A0367., COURT OF APPEALS OF GEORGIA, February 3, 2006, Decided
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Overview: Defendant's convictions of aggravated assault and burglary were affirmed, as there was sufficient circumstantial evidence to prove that defendant was the person who committed the acts in question based on witness testimony and the discovery of clothes and a gun used in the robbery in defendant's room.

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