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   State Courts - Georgia - March 8, 2007

  
Dierkes v. Crawford Orthodontic Care, P.C., A06A2313. A06A2314., COURT OF APPEALS OF GEORGIA, March 8, 2007, Decided
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Overview: In a suit alleging a claim for injury to peace, happiness, and feelings after a creditor erroneously took the property of two non-debtors when the creditor executed a writ of possession of a debtor, because one of the non-debtors claimed that only her furniture was damaged, the non-debtor failed to properly state a claim under O.C.G.A. § 51-12-6.

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Global Diagnostic Dev., LLC v. Diagnostic Imaging of Atlanta, A06A1728. A06A1729. A06A1730. A06A1731., COURT OF APPEALS OF GEORGIA, March 8, 2007, Decided
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Overview: Trial court erred in reversing the grant of a certificate of need under O.C.G.A. § 31-6-44 on the ground that the applicant was attempting to circumvent a cease-and-desist order issued to a corporation owned by the same individual as the applicant. The trial court had improperly disregarded the corporate forms of the corporation and the applicant.

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Kohlhaas v. State, A06A2038, COURT OF APPEALS OF GEORGIA, March 8, 2007, Decided
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Overview: Defendant's convictions for six counts of theft by taking, in violation of O.C.G.A. § 16-8-2, and six counts of felony theft by conversion, in violation of O.C.G.A. § 16-8-4(a), were upheld on appeal since there was sufficient evidence to prove each count as a separate and distinct act, thereby making merger inappropriate.

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Stadnisky v. State, A06A2497., COURT OF APPEALS OF GEORGIA, March 8, 2007, Decided
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Overview: Defendant's conviction for a per se DUI violation under O.C.G.A. § 40-6-391(a)(5) was upheld on appeal and no unlawful seizure of defendant occurred at the collision scene he had caused since defendant was obligated not to leave the scene of the accident regardless of whether an officer told him to stay or not.

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State v. Pando, A06A1984, COURT OF APPEALS OF GEORGIA, March 8, 2007, Decided
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Overview: When officers entered a home without a warrant and without consent, trial court properly granted defendants' motion to suppress based on the Fourth Amendment. The inevitable discovery doctrine did not apply because the only independent, lawfully obtained information in an affidavit that suggested illegal activity was a strong smell of marijuana.

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Striplin v. State, A06A2204., COURT OF APPEALS OF GEORGIA, March 8, 2007, Decided
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Overview: Language referring to DUI under age 21 in a count charging defendant with violating O.C.G.A. § 40-6-391(a)(1) by driving under the influence of alcohol to the extent that it was less safe for him to drive was surplusage. The language did not render the accusation void because the remaining language accurately described a violation of the statute.

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White v. Scott, A06A2191., COURT OF APPEALS OF GEORGIA, March 8, 2007, Decided
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Overview: In a personal injury suit, it was error to submit the issue of litigation expenses under O.C.G.A. § 13-6-11 to the jury. A bona fide controversy existed as to whether a collision was caused by the negligence of the first driver, the second driver, or both; a bona fide dispute and a reasonable defense precluded an award under the statute.

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Williams v. Martin Lakes Condo. Ass'n, A06A1745., COURT OF APPEALS OF GEORGIA, March 8, 2007, Decided
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Overview: Condominium resident was properly denied summary judgment, in an action filed against her by her resident's association for past-due fees and assessments, as the association, despite an administrative dissolution, could legally sue her based on a reinstatement of its corporate status, and the case had not been settled.

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