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| Creagh v. Federal Nat'l Mortg. Assoc., A06A0639, A06A0640, A06A0641.,
COURT OF APPEALS OF GEORGIA, February 14, 2006, Decided
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Overview: Because no transcript of a lower court's proceedings was submitted on appeal and no attempt to was made to recreate the record as provided for in O.C.G.A. § 5-6-41(g), (i), a tenant's appeal could not be considered.
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| Foster & Co. Gen. Contrs., Inc. v. House HVAC/Mechanical, Inc., A05A2285.,
COURT OF APPEALS OF GEORGIA, February 14, 2006, Decided
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Overview: A trial court erred in granting summary judgment to a general contractor (GC) in a breach of contract action by a subcontractor (SC), as the terms of the parties' contract allowed the GC to withhold final payment or to offset that payment when outstanding supply bills incurred by the SC had not yet been paid.
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| Goodall v. State, A05A2350.,
COURT OF APPEALS OF GEORGIA, February 14, 2006, Decided
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Overview: Where the victim testified that defendant, her former boyfriend, physically and sexually assaulted her, and further evidence included photographs of her bruises and a recording of her 911 call, there was sufficient evidence to support a conviction of aggravated assault with intent to rape; his conflicting testimony did not negate the sufficiency.
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| Hatcher v. State, A06A0594.,
COURT OF APPEALS OF GEORGIA, February 14, 2006, Decided
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Overview: Defendant's driving, bloodshot eyes, sobriety test results, and a trooper's opinion that he was impaired, were sufficient to sustain his conviction of DUI to extent that he was a less safe driver, O.C.G.A. § 40-6-391(a)(1). Since State did not try to use alco-sensor results as evidence of defendant's BAC, denial of his requested charge was proper.
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| Martines v. Worley & Sons Constr., A05A1985.,
COURT OF APPEALS OF GEORGIA, February 14, 2006, Decided
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Overview: Since an injured worker's refusal to accept a suitable job was based on a legal inability to perform the job resulting from the worker's voluntary conduct, rather than a lack of skill or physical capacity, it was not justified as a matter of law under O.C.G.A. § 34-9-240, and the worker was not entitled to workers' compensation benefits.
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| State v. Plunkett, A06A0241.,
COURT OF APPEALS OF GEORGIA, February 14, 2006, Decided
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Overview: O.C.G.A. § 42-1-12(a)(3) applied to sentences imposed on or after July 1, 2004. Therefore, where defendant was sentenced in December 2001, the new statutory language did not apply to him, and the trial court was authorized to order that defendant did not need to register as a sex offender.
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| Thomas County Bd. of Tax Assessors v. Thomasville Garden Ctr., Inc., A05A1870.,
COURT OF APPEALS OF GEORGIA, February 14, 2006, Decided
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Overview: Collateral estoppel prevented redundant litigation of same question of a statute's application to a taxpayer's status. Collateral estoppel based on earlier decision barred relitigation of an owner's tax exempt status. Cited cases were decided on facts not even substantially the same as those in the case at bar, so stare decisis did not apply.
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| Whisper Wear, Inc. v. Morgan, A06A0272.,
COURT OF APPEALS OF GEORGIA, February 14, 2006, Decided
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Overview: It was the jury's duty to determine which of two conflicting forms ruled in a misappropriation case, and the jury properly found that a voucher superseded a release. Trial testimony that the value of a model's image as improperly used by a corporation was $ 34,000 was sufficient to support $ 25,000 verdict in favor of the model.
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