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| CPD Plastering, Inc. v. Miller, A06A2306.,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: An employee was properly granted summary judgment for breach of an oral employment agreement for commission payments. Claims for commissions for jobs done before November 1999 were not time-barred because the commissions were not payable until the employee submitted a worksheet calculating them, and no worksheet had been submitted before that time.
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| Dan J. Sheehan Co. v. McCrory Constr. Co., A06A2005,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: For purposes of awarding attorney's fees and costs, because an arbitrator concluded that the arbitration award did not materially alter the legal relationship between a general contractor and its subcontractor beyond that which was previously offered by the former, the arbitrator used the correct legal standard in determining the prevailing party.
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| Flexible Prods. Co. v. Ervast, A06A2395.,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: Conflicting jury charges required a new trial in a suit against an employer. The charges failed to address the relationship between the general rule under O.C.G.A. § 15-19-17 that advice of counsel did not protect a defendant from liability and the exception for corporate directors and officers under O.C.G.A. §§ 14-2-830 and 14-2-842.
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| Ga. Southern & Fla. Ry. Co. v. Peters, A06A1826.,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: In a FELA suit by a railroad employee who was injured during a convenience store robbery, the railroad was entitled to summary judgment due to lack of foreseeability. The railroad did not know or have reason to know that the employee held meetings at the store, and there was nothing to put it on notice that it should investigate the store's safety.
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| Hite v. Anderson, A06A1901,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: Because a driver's payment of a fine on a failure to yield citation did not amount to an admission of guilt, and hence, did not dispose of the issue as to whether she was negligent per se, and fact issues remained as to whether the bicyclist she hit was contributorily negligent, partial summary judgment in the bicyclist's favor was reversed.
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| In the Interest of M.J.L., A06A2369.,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: On appeal from an order terminating the parental rights of both biological parents, as the parents only challenged the finding that their children were deprived, and not the other findings made in the termination order, given that they failed to appeal from prior findings of deprivation, they were bound by the same, and their appeal lacked merit.
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| Johnson v. State, A06A1870,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: Defendant's convictions for aggravated child molestation (O.C.G.A. § 16-6-4) and attempted aggravated child molestation pursuant to O.C.G.A. § 16-4-1 were reversed, as defendant received ineffective assistance of counsel based on his attorney's lack of preparation for trial and failure to present a defense, notably by not calling witnesses.
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| Riverview Condo. Ass'n, Inc. v. Ocwen Fed. Bank, FSB, A06A2100,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: As a condominium association was not entitled to excess proceeds from a foreclosure sale, no excess proceeds existed, and regardless of whether or not the association was the owner of the condominium foreclosed upon, it was not entitled to an equitable accounting or attorney's fees, summary judgment in the bank's favor on these issues was proper.
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| Simalton v. AIU Ins. Co., A06A1878,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: Trial court did not err in granting an insurer summary judgment, finding that it owed no duty to its insured to defend or indemnify him in an action filed against him by a client who was injured in an accident involving the covered vehicle, as the policy at issue showed no liability coverage, and hence, did not mandate said duty.
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| Touchton v. Bramble, A06A2217.,
COURT OF APPEALS OF GEORGIA, March 13, 2007, Decided
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Overview: In an action for numerous tort claims allegedly arising out of an incident involving a grandfather's arrest for indecent exposure at an amusement park; there was no evidence that an officer acted with actual malice or an intent to injure, and the trial court properly found him immune from suit as an officer acting within his official capacity.
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