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| Barrington Hills Condo. Ass'n v. Lewis, A05A2047.,
COURT OF APPEALS OF GEORGIA, February 6, 2006, Decided
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Overview: Although a condominium association admitted that it had a duty to repair and maintain subsurface soil problems affecting an owner's unit, the trial court erred by granting partial summary judgment to the owner solely on the basis of expert opinion testimony that the association breached its duty.
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| BellSouth Adver. & Publ. Corp. v. Kingdom Adventures, LLC, A05A1623.,
COURT OF APPEALS OF GEORGIA, February 6, 2006, Decided
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Overview: Because the damages sought by an advertiser were not proven as required by O.C.G.A. § 9-11-55(a) and because no due process violation for want of notice occurred, the trial court properly denied the advertiser's request for damages.
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| Davenport v. State, A05A1642.,
COURT OF APPEALS OF GEORGIA, February 6, 2006, Decided
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Overview: Although the victim's mother allegedly agreed to have the charges dropped if defendant confessed, pursuant to O.C.G.A. § 24-3-50, the confession was voluntary; since defendant touched the victim's genital area in connection with his penetration of her vagina with his finger, the offenses merged under O.C.G.A. § 16-1-6(1).
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| Hammonds v. Sherman, A05A1873.,
COURT OF APPEALS OF GEORGIA, February 6, 2006, Decided
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Overview: Because an injured party's attorney did not obtain information about the time and location of a peremptory calendar call in the month after learning of it, and because the attorney had actual notice of the calendar call, the trial court properly dismissed the case without prejudice under Ga. Unif. Super. Ct. R. 20(A), 14, O.C.G.A. § 9-11-41(b).
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| Johnson v. State, A05A1957. A05A1958. A05A1959.,
COURT OF APPEALS OF GEORGIA, February 6, 2006, Decided
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Overview: Judgment was reversed as to a third defendant; no eyewitnesses saw the third defendant participate in the alleged crimes, he was not implicated by the other defendants, he did not confess, and he did not flee the jurisdiction or attempt to harass any potential witnesses.
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| Kirschner & Venker, P.C. v. Taylor & Martino, P.C., A05A2283.,
COURT OF APPEALS OF GEORGIA, February 6, 2006, Decided
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Overview: Because a law firm was fired by a client before any fee became payable, the law firm was not entitled to a cause of action against its former co-counsel for an equal share of a contingency fee; it was, however, entitled to quantum meruit against its former co-counsel.
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| Ryan v. State, A05A1587.,
COURT OF APPEALS OF GEORGIA, February 6, 2006, Decided
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Overview: Although the trial court properly admitted evidence of similar transactions, given the quantity of marijuana and methamphetamine found, the evidence was insufficient to convict defendant of possession with intent to distribute under O.C.G.A. § 16-13-30(b); venue was proper in the county in which a high-speed chase began.
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| Brown v. State, A05A2008.,
COURT OF APPEALS OF GEORGIA, February 7, 2006, Decided
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Overview: There was sufficient evidence to support defendant's conviction for financial transaction card (FTC) theft, in violation of O.C.G.A. § 16-9-31(a)(1), where defendant was in possession of FTCs upon execution of a search warrant of her residence; the cards were within the definition of FTC under O.C.G.A. § 16-9-30(5).
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| Mims v. State, A05A2198.,
COURT OF APPEALS OF GEORGIA, February 7, 2006, Decided
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Overview: Where a trial court did not properly instruct the jury on the offense of driving with a suspended license, in that it did not inform them of the element of defendant's notice of the suspension and there was no proof on that element, his conviction was not based on sufficient evidence and required reversal.
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| Roberts v. Jones Co., A05A2333.,
COURT OF APPEALS OF GEORGIA, February 7, 2006, Decided
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Overview: Where, after a diligent job search after being fired, a claimant accepted lesser paying work for a continuing disability incident to the compensable one, the claimant was entitled to temporary partial disability benefits without having to prove that acceptance of the lower-paying job was proximately caused by the compensable injury.
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