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   State Courts - Georgia - February 27, 2007

  
Chowhan v. Miller, A07A0579., COURT OF APPEALS OF GEORGIA, February 27, 2007, Decided
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Overview: In a suit seeking specific performance of a land sales contract, the trial court properly granted summary judgment against the buyer, as she failed to timely tender additional earnest money, and, because time was of the essence, said action amounted to a breach authorizing the sellers to terminate the purchase agreement.

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In the Interest of A.C., A06A2255., COURT OF APPEALS OF GEORGIA, February 27, 2007, Decided
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Overview: As a mother validly surrendered her parental rights to her three children, she lacked any right to notice of the proceedings regarding their custody, and was no longer a "party" to said proceedings. Hence, her extraordinary motion for a new trial seeking to set the custody orders entered after said surrender was properly denied.

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McAfee v. ETS Payphones, Inc., A07A0644., COURT OF APPEALS OF GEORGIA, February 27, 2007, Decided
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Overview: In a customer's personal injury action, a property owner was properly granted summary judgment, as it had no duty to foresee any danger from its criminally damaged pay phone falling on the customer's head, such was not reasonably expected, and because the customer's injury could not have occurred absent his unexpected acts.

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Prescott v. Colonial Props. Trust, Inc., A07A0599., COURT OF APPEALS OF GEORGIA, February 27, 2007, Decided
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Overview: In a slip and fall action, summary judgment in favor of a premises owner was reversed, as it failed to present evidence of any reasonable inspection procedures, giving the patron the benefit of an inference of the owner's constructive knowledge of a hazard. But, absent evidence of negligence, summary judgment in favor of a contractor was upheld.

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Rodriguez v. State, A07A0583., COURT OF APPEALS OF GEORGIA, February 27, 2007, Decided
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Overview: While the prosecution against defendant on charges of burglary, theft by taking, and criminal trespass included both direct and circumstantial evidence, convictions of the same were not reversed on appeal, and he was not entitled to a new trial merely because the trial court failed to charge O.C.G.A. § 24-4-6, as he failed to request said charge.

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