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| Lowe's Home Ctrs., Inc. v. Garrison Ridge Shopping Ctr. Marietta, GA, L.P., A07A0372.,
COURT OF APPEALS OF GEORGIA, March 2, 2007, Decided
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Overview: As a lessee had a license concerning a sign, made improvements in reliance on the same, and a second lessee took ownership of the property with actual notice of the sign, the lessee was entitled to an interlocutory injunction barring the second lessee from interfering with the sign. The fact that the lessee did not own the land was irrelevant.
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| Southway Indus. Servs. v. Boyd, A06A2197.,
COURT OF APPEALS OF GEORGIA, March 2, 2007, Decided
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Overview: When a general contractor leased a crane, a crane operator employed by the lessor was the borrowed servant of the general contractor. The general contractor had complete control over the operator; the lessor did not exert control over him; and the general contractor had the exclusive right to discharge him.
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| Bijou Salon & Spa, LLC v. Kensington Enters., A06A1807.,
COURT OF APPEALS OF GEORGIA, March 5, 2007, Decided
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Overview: It was proper to grant an interlocutory injunction against two individuals and a LLC. Evidence strongly suggested that the individuals had intentionally violated covenants not to compete and not to solicit customers and employees, and the LLC was a proper party under O.C.G.A. § 51-12-30 given the evidence that it had helped bring about the breach.
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| Dunbar v. State, A07A0496.,
COURT OF APPEALS OF GEORGIA, March 5, 2007, Decided
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Overview: Because an investigating officer had a reasonable articulable suspicion justifying the stop of defendant's vehicle, given her act of driving on the wrong side of the road, which was a traffic offense, and a 25-minute delay in administering the implied consent notice was not unreasonable, no error resulted in denying her motion to suppress.
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| Marwede v. EQR/Lincoln L.P., A06A2379.,
COURT OF APPEALS OF GEORGIA, March 5, 2007, Decided
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Overview: Because a partnership was not required to answer, was not in default, and was added by amendment to a pedestrian's personal injury suit, the trial court did not err in opening the default judgment entered. Further, as a fact issue arose on a scope of employment issue, a directed verdict was properly denied and the jury was properly charged.
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| Milum v. Banks, A06A2394.,
COURT OF APPEALS OF GEORGIA, March 5, 2007, Decided
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Overview: Verdict awarding general damages to an attorney, in his libel action against a former client, was upheld, as the jury could reasonably conclude that the attorney was a limited public figure, and was properly charged on the same; no error resulted in granting the attorney's motion in limine, and the evidence did not support a verdict for the client.
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| Velazquez v. State, A06A2226.,
COURT OF APPEALS OF GEORGIA, March 5, 2007, Decided
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Overview: When defendant pleaded guilty to rape, and the State had not sought the death penalty, it was error to sentence him to life without parole under O.C.G.A. § 16-6-1(b). Under case law and O.C.G.A. § 17-10-16(a), a life sentence without parole was authorized only in cases where the State had first sought the death penalty.
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