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| Dennis-Smith v. Freeman, A05A2037, A05A2038.,
COURT OF APPEALS OF GEORGIA, March 1, 2006, Decided
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Overview: There was no basis for setting aside a jury's verdict awarding buyers a smaller portion of an adjacent lot on which their newly built house encroached, as proposed by contractors, instead of larger portion as proposed by the buyers. Buyers pointed to no evidence that award of one dollar in nominal damages on their counterclaims was inadequate.
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| In the Interest of A.R.A.S., A06A0331.,
COURT OF APPEALS OF GEORGIA, March 1, 2006, Decided
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Overview: As testimony showed no parental bond between a mother and child, mother failed to contact or support the child in the year before the petition, the child was adapted well to foster care, and the foster parents wished to adopt her, termination of the mother's parental rights under O.C.G.A. § 15-11-94 was supported by clear and convincing evidence.
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| In the Interest of B.R., A06A0372.,
COURT OF APPEALS OF GEORGIA, March 1, 2006, Decided
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Overview: Evidence that a mother was unable to provide a stable home for her child given her limited mental capacity and her history of being easily led and exploited by others, that the child was doing well in foster care, and that the foster parents wanted to adopt her, supported the termination of mother's parental rights under O.C.G.A. § 15-11-94.
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| Kennedy v. Droughton Trust, A06A0569.,
COURT OF APPEALS OF GEORGIA, March 1, 2006, Decided
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Overview: Fact that the offer to buy real estate was signed the day after the closing date specified in the offer did not support the finding that the contract expired. There was no contract before that time that was subject to expiration. The lack of a specific closing date in the contract did not render it too vague and indefinite to be enforced.
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| McGrath v. State, A05A2067.,
COURT OF APPEALS OF GEORGIA, March 1, 2006, Decided
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Overview: When a vehicular homicide victim died helping the victim of defendant's reckless driving, a jury could reject his claim that he did not proximately cause the victim's death. Defendant's statement four hours after an implied consent advisement under O.C.G.A. § 40-5-55(a) was admissible, given probable cause to believe he drove under the influence.
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| Overton v. State, A05A2019.,
COURT OF APPEALS OF GEORGIA, March 1, 2006, Decided
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Overview: Sufficient evidence supported defendant's forgery convictions, and he waived any objection to a statement which should not have been included in the jury charge, under O.C.G.A. §§ 5-5-24(c) and 17-8-57, because, given the evidence against him and the charge in its entirety, no substantial error harmful as a matter of law or plain error were shown.
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| Sellers v. Sellers, A05A1842.,
COURT OF APPEALS OF GEORGIA, March 1, 2006, Decided
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Overview: Court properly granted a stepmothers petition to adopt a biological mothers child, as under O.C.G.A. § 19-8-10(b), there was sufficient clear and convincing evidence that the mother failed to provide for the child's support. Though she had been incarcerated, she received social security disability payments but did not use them to pay support.
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| Bailey v. McNealy, A06A0048.,
COURT OF APPEALS OF GEORGIA, March 2, 2006, Decided
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Overview: An award of attorney fees to defendant was reversed, as plaintiffs filed a notice of appeal over two months after dismissal of their action, and the notice of appeal stated only that they were appealing from an award of attorney fees. Accordingly, the appeals court lacked jurisdiction to review the dismissal order, O.C.G.A. §§ 5-6-38(a), 5-6-48(b).
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| Stone v. State, A05A2194.,
COURT OF APPEALS OF GEORGIA, March 2, 2006, Decided
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Overview: Because defendant was convicted under the wrong code section and because the trial court specifically found that defendant was not the driver of the vehicle, the conviction for failure to yield while entering a roadway and causing an automobile accident in violation of O.C.G.A. § 40-6-70(a) was reversed.
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| Williams v. State of Ga., A06A0392.,
COURT OF APPEALS OF GEORGIA, March 2, 2006, Decided
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Overview: Claims that the Equal Protection Clause imposed an obligation on the State to equalize education opportunities, and that education was a "fundamental right" subject to strict scrutiny had been rejected. A trial court properly dismissed a complaint alleging violations of constitutional rights arising from the closing of an elementary school.
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