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| Federated Mut. Ins. Co. v. Ownbey Enters., A05A1701.,
COURT OF APPEALS OF GEORGIA, March 6, 2006, Decided
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Overview: Policy language requiring that insured "see to it" that insurer receive written notice of suit was ambiguous, as it could have been intended to require that insured "see to it" that notice was written. This provision was strictly construed against insurer. Disputed fact issue as to whether written notice was sent precluded summary judgment.
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| Landsberg v. Powell, A06A0558.,
COURT OF APPEALS OF GEORGIA, March 6, 2006, Decided
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Overview: Motorist's Ga. Unif. Super. Ct. R. 6.3 request for a hearing on his motion for summary judgment and other motions gave plaintiff the right to rely on that request, despite his failure to file responses. Order granting motions without hearing was error. O.C.G.A. § 9-11-56(c) allowed filing of opposing affidavits until day before hearing.
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| Simmons v. State, A06A0151.,
COURT OF APPEALS OF GEORGIA, March 6, 2006, Decided
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Overview: Officers' warrantless entry of defendant's home to prevent destruction of evidence was legal where, after officers came to defendant's home to execute arrest warrant for third person, and while officers waited outside front door after asking for consent to search, defendant threw bag that appeared to contain cocaine into a fire in the fireplace.
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| Webb v. State, A06A0346.,
COURT OF APPEALS OF GEORGIA, March 6, 2006, Decided
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Overview: Trial court correctly found that defendant's motion for discharge and acquittal pursuant to O.C.G.A. § 17-7-17 was not properly served and correctly denied the motion where defendant filed his waiver of formal indictment and demand for trial without serving a copy upon the prosecutor or the trial judge.
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