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| Baker v. Baker, S06F0374.,
SUPREME COURT OF GEORGIA, February 27, 2006, Decided
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Overview: A trial court had sufficient evidence to support its determination that a check received by a wife from a partnership that her parents had formed was a gift and not a loan, pursuant to the elements of O.C.G.A. §§ 44-5-80 and 44-5-84, as the presumption and other circumstantial evidence supported the gift finding.
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| Bibbins v. State, S05G0689.,
SUPREME COURT OF GEORGIA, February 27, 2006, Decided
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Overview: Georgia appellate courts were not authorized to render advisory opinions as to potential error. Case, as presented to the intermediate appellate court, was fatally flawed and intermediate appellate court erred by entertaining an appeal from a ruling in which no conclusions of law were made and no facts of any nature found by the trial court.
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| Bourke v. Webb, A05A2122.,
COURT OF APPEALS OF GEORGIA, February 27, 2006, Decided
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Overview: As the buyers were ready and able to purchase a home from a seller, but the sale could not be completed due to the seller's failure to complete construction, the buyers were properly granted specific performance of the sales contract. Further, due to the bad faith on the part of the seller, attorney's fees under O.C.G.A. § 13-6-11 were proper.
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| Cernonok v. Kane, S05A1828.,
SUPREME COURT OF GEORGIA, February 27, 2006, Decided
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Overview: Based upon a valid deed, a landowner was properly granted possession of a disputed alley between his and his neighbors' property, after a full evidentiary hearing in compliance with O.C.G.A. § 23-6-64, especially when the neighbors failed to put the landowner on notice of their claim and their claim of possession and use was insufficient.
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| Heard v. State, S06A0607.,
SUPREME COURT OF GEORGIA, February 27, 2006, Decided
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| Hill v. Watkins, S05A2107.,
SUPREME COURT OF GEORGIA, February 27, 2006, Decided
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Overview: General assembly authorized Clayton County, Georgia, via a local constitutional amendment, 1963 Ga. Laws 681, as extended in 1986, to enact a civil service system which included any person whose wages or salary was paid by the county. Employees of the Clayton County Sheriff's Office were covered by 1994 Ga. Laws 4399.
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| In the Matter of Benveniste, S06Y0726.,
SUPREME COURT OF GEORGIA, February 27, 2006, Decided
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Overview: Upon the report and recommendation of a Special Master, an attorney's petition for the voluntary surrender of his license to practice law was accepted, as the attorney had been convicted of multiple felonies in federal court, which constituted violations of Ga. St. Bar R. 4-102(d):8.4(a)(2).
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| In the Matter of Ellison, S06Y0511.,
SUPREME COURT OF GEORGIA, February 27, 2006, Decided
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Overview: Lawyer was suspended for six months for misconduct in which he did little work on client's case, failed to return her phone calls, and failed to make himself available to advise her. Once client terminated lawyer's employment, he failed to provide either notice of withdrawal or a copy of her file which contained documents needed for her claim.
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| In the Matter of Jones, S06Y0387.,
SUPREME COURT OF GEORGIA, February 27, 2006, Decided
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Overview: Lawyer was suspended for 12 months, with 6 months applied retroactively, for misconduct in which the lawyer used money from his firm's escrow account to pay a promissory note which the lawyer had guaranteed. In mitigation, the lawyer had, inter alia, made restitution to his former firm and had fully cooperated with disciplinary authorities.
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