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| Beasley v. Wachovia Bank, A05A1776.,
COURT OF APPEALS OF GEORGIA, February 21, 2006, Decided
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Overview: In a suit on a guaranty, as the jury's award fell within the range of damages established by the evidence, the guarantor consented to the bank's modification of the terms of one of the loans, and the guarantor failed to demonstrate prejudice by the court's instructions, the guarantor was not entitled to a new trial on general grounds.
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| Faulkner v. State, A05A2196.,
COURT OF APPEALS OF GEORGIA, February 21, 2006, Decided
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Overview: An officer's be-on-the-lookout (BOLO) bulletin provided reasonable suspicion of criminal activity sufficient to authorize the stop of defendant's vehicle. The BOLO provided particularized information describing the color, manufacturer, and model of the vehicle, the number and race of its occupants, and its location and direction of travel.
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| In the Interest of M. S., A06A0149.,
COURT OF APPEALS OF GEORGIA, February 21, 2006, Decided
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Overview: Because child molestation was not an offense listed in O.C.G.A. § 15-11-28(b)(2)(A), the trial court erred in using O.C.G.A. § 15-11-63(a)(2)(D) to classify it as a designated felony act when it sentenced defendant juvenile.
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| Davenport v. State, A05A1728.,
COURT OF APPEALS OF GEORGIA, February 22, 2006, Decided
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Overview: Defendant's counsel did not render ineffective assistance in his criminal matter where testimony from experts was properly admitted to show that the victim's story was consistent with medical evidence, a babysitter's testimony was admissible under O.C.G.A. § 24-3-2, and admission of a prior conviction and probation conditions were relevant.
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| S.S. Air, Inc. v. City of Vidalia, A05A1647.,
COURT OF APPEALS OF GEORGIA, February 22, 2006, Decided
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Overview: Because the trial court did not err in concluding that a landlord-tenant relationship existed between a city and two aircraft hangar owners, said owners were obligated to remove their trade fixture, specifically, the hangar, at their own expense upon the request of the city, pursuant to O.C.G.A. § 44-7-12.
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| Winzer v. EHCA Dunwoody, LLC, A05A2049. A05A2179.,
COURT OF APPEALS OF GEORGIA, February 22, 2006, Decided
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Overview: After a trial on damages only, the liability against two guarantors was not in issue. Thus, any arguments premised on purported evidentiary errors concerning the issue of liability were misplaced. Further, a tenant's appeal was properly dismissed as time-barred, given a two-and-a-half-year delay in obtaining legal representation to pursue the same.
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| Jenkins v. Blue Moon Cycle, Inc., A05A1991.,
COURT OF APPEALS OF GEORGIA, February 23, 2006, Decided
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Overview: Summary judgment was proper as to false imprisonment claim as only valid remedy, where arrest was valid, was malicious prosecution action. Trial court erred in granting summary judgment on malicious prosecution and false arrest claims as jury could have found defendants acted with malice in attempting to prosecute broker, who did not sign check.
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| Pearson v. Tippmann Pneumatics, Inc., A05A1581.,
COURT OF APPEALS OF GEORGIA, February 23, 2006, Decided
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Overview: Charges regarding proximate cause were unlikely to mislead jury into believing that only last action nearest in time could have been proximate cause. Court charged that proximate cause could have been found if it constituted contributing factor and that act proximately caused damages if it stood last in causation, not necessarily in time or place.
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| Roberts v. State, A05A1917.,
COURT OF APPEALS OF GEORGIA, February 23, 2006, Decided
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Overview: Armed robbery and burglary convictions were supported by defendant's admission to possessing a gun stolen in the robbery, his possession of other items used in commission of the crimes, and his flight when confronted by police. The State's failure to produce or ever locate the weapon used, or the presence of an inconsistent verdict were immaterial.
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| Sullivan v. State, A05A2271.,
COURT OF APPEALS OF GEORGIA, February 23, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of aggravated assault, O.C.G.A. § 16-5-21(a)(2); there was direct testimony in the form of defendant's own admissions to the police that he had shaken his girlfriend's infant son. The jury was entitled to reject his version of events and credit the testimony of the State's multiple medical experts.
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