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| Chesser v. Chesser, A06A1739.,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: When a mother deeded land to a son who lived with her, undue influence as a matter of law had not been shown. Although a probate court had found some evidence of incapacity under O.C.G.A. § 29-5-6 before the transfer, the mother's incapacity remained unproven then, and her doctor had stated two days after the deed that she was mentally capable.
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| Fagan v. State, A06A2090.,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: Defendant's convictions for armed robbery, aggravated assault, and possession of a firearm resulting from the robbery of a McDonald's restaurant were affirmed but defendant was entitled to resentencing since the aggravated assault and armed robbery counts merged as they were based on the same conduct of defendant pointing a handgun.
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| In the Interest of D.S., A06A1992.,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: While there was evidence of a stepfather's anger and verbal aggression towards state employees and that the child at issue was often quiet and withdrawn while in his mother and stepfather's care, an order finding the child deprived and removing him from the mother was reversed since insufficient evidence existed to establish deprivation.
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| In the Interest of J.F., A06A1811.,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: The trial court properly terminated mother's parental rights under O.C.G.A. § 15-11-94. The cause of the deprivation was likely to continue in light of the mother's past conduct, which included substance abuse and repeated incarceration; the continued deprivation would cause the child serious harm; and termination was in the child's best interest.
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| In the Interest of T.W.O., A06A2034, A06A2035.,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: Trial court properly terminated parental rights under O.C.G.A. § 15-11-94. The parents' failure to comply with a case plan, their instability, and their unwillingness to face their substance abuse showed that their lack of parental care had caused their children's deprivation, and the evidence showed that this lack of care was likely to continue.
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| McClain v. State, A06A2115,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: There was sufficient evidence that a victim had been deprived of the use of his extremities under O.C.G.A. § 16-5-24 (a). The victim's doctor had testified that he would not regain full mobility of his arm or hand; the bones in the victim's arm had been broken into pieces; and the victim had spent a month in the hospital in restrictive devices.
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| Miami Heights LT, LLC v. Home Depot U.S.A., Inc., A06A2052.,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: Summary judgment was properly awarded to defendant in a specific performance and breach of contract suit to enforce a letter of intent to purchase real property since the parties never reached an agreement on an essential term of the contract as to what restrictive covenants were to be included, therefore, the letter of intent was unenforceable.
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| Nemeth v. RREEF Am., LLC, A06A2373.,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: Trial court did not err in granting summary judgment against in favor of a premise owner, in an occupant's liability action against it, as the uneven and unstable brick-paver walkway where he fell was an open and obvious static condition of which, given that he had successfully traversed the area before, he was presumed to be aware.
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| Norton v. State, A06A2170.,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: Defendant's detention and the search of her person at her aunt's home where she was visiting at the time police arrived to execute a search warrant was not justified under O.C.G.A. § 17-5-28(2) since the officers failed to articulate facts that justified her search for safety reasons and she was not named in the search warrant.
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| Scouten v. Amerisave Mortg. Corp., A06A1931.,
COURT OF APPEALS OF GEORGIA, February 28, 2007, Decided
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Overview: The trial court properly dismissed the Georgia RICO claim of an employee who was terminated from a corporation. His witness-tampering theory failed because there was not a specific allegation that the corporation had threatened him with termination with the purpose of inducing him to sign an allegedly false declaration in a legal proceeding.
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