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| In the Interest of V.D.S., A07A0458.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Because orders entered before a termination of parental rights petition was filed showed that the court either substantially complied with or satisfied by implication the endorsement requirements showing that the filing of the petition was in the best interest of the public and the child, O.C.G.A. §§ 15-11-95(b) and 15-11-37 were satisfied.
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| Interfinancial Midtown, Inc. v. Choate Constr. Co., A06A2218, A06A2219,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: In a dispute between a contractor and a property owner, it was error for the trial court to interpret a settlement agreement as allowing the contractor to be awarded $275,000. Under the agreement, the contractor was to receive that sum only if a sale took place within 60 days of the agreement's date, and this had not occurred.
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| Maldonado v. State, A06A2210. A06A2211.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: There was probable cause to stop and search a drug defendant's car based on recorded conversations between defendant and an informant, a call from the informant's wife telling an officer that two males had arrived with drugs and would be following the informant, corroboration of this information, and defendant's evasion of a roadblock.
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| Opio v. State, A06A1905.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: As none of counsel's alleged deficiencies in handling defendant's trial amounted to ineffectiveness, but were deemed part of her reasonable trial strategy, counsel was not ineffective. Further, no error occurred in the trial court's charge to the jury on aggravated assault and in judging witness credibility. Thus, a new trial was unwarranted.
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| Ruskin v. AAF-McQuay, Inc., A06A2416, A06A2417.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: The trial court properly found that a settlement contained evidence of the parties' agreement on all essential terms and was thus enforceable. There was nothing ambiguous about the settlement agreement's reference to a temporary restraining order that set forth a scheme for paying certain claims.
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| State v. Dias, A06A2021.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Because the information provided to law enforcement as part of a be on the lookout alert was insufficient to provide an officer with a sufficient particularized basis for stopping defendant's vehicle, or that defendant had been involved in a crime, defendant's motion to suppress evidence seized as a result of the stop was properly granted.
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| Tindol v. State, A06A2362.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Restitution order was upheld on appeal, as a probationer was properly found responsible to pay the tools and equipment that were taken as a result of the theft of the truck where they were located, the court found sufficient evidence of his ability to pay, and the challenged hearsay was admissible as a business record.
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| Walker County v. Tri-State Crematory, A06A2249.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: When a county had recovered, identified, and properly disposed of bodies found at a crematorium, the county's negligence and public nuisance claims against the crematorium and funeral homes and directors were barred by the free public services doctrine. The court declined to recognize an exception to the doctrine for abatement of public nuisances.
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| Welch v. Ga. DOT, A06A1967.,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: Trial court did not err in finding the DOT immune from liability for failing to maintain an overgrown area bordering an intersection, as neither O.C.G.A. § 32-2-2 nor O.C.G.A. § 50-21-24(8) imposed liability on the DOT. Hence, maintenance of the area did not constitute a substantial or other major maintenance activity.
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| White v. Am. Family Life Assur. Co., A07A0686,
COURT OF APPEALS OF GEORGIA, March 7, 2007, Decided
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Overview: When insureds sued an insurer for breach of contract following the rescission of their insurance policy, it was proper to instruct that even a misrepresentation given in good faith would void the policy. Under O.C.G.A. § 33-24-7(b)(2) and (3), an insurer did not have to show that a representation was fraudulent, only that it was material and false.
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