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| In the Interest of J.H., A05A1592.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Where a mother's parental rights were terminated, evidence that she failed to avail herself of offers to help her find housing, secure employment, and obtain treatment; missed many scheduled visits with her children; and left state, which prevented her from seeing them, supported trial courts finding that the deprivation was likely to continue.
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| Investment Props. Co. v. Watson, A05A2250.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Where a buyer agreed to build a bridge for the seller in exchange for 10 acres of land, and the seller inserted an addendum stating buyer would receive only five acres, as buyer never initialed the addendum, and denied knowing it had been attached to the contract, the trial court properly admitted parol evidence to establish the parties intent.
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| Jefferson Ins. Co. v. Thomas, A06A0063.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Passenger's uninsured motorist (UM) insurer was not required to provide the $15,000 bodily injury coverage afforded by the insolvent insurer for a permissive driver under O.C.G.A. § 33-36-14(a) because the UM insurer's benefits were not available to the passenger as the owner's UM coverage was not available to stack with the UM insurer's coverage.
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| Johnson v. State, A05A2132.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Jury was authorized to weigh defendant's assertion that he "gently" shook a child who died while in his care against the other evidence, including the testimony of the child's doctors, who said that child's injuries were the result of "major violent force." Defendant's conviction of cruelty to children was supported by sufficient evidence.
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| Joyner v. State, A05A2128.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: In an armed robbery case, a victim's belief that defendant had a gun allowed a conviction, lack of a commitment hearing transcript, under Ga. Unif. Super. Ct. R. 26.2(A), did not require reversal, an improper "level of certainty" eyewitness testimony instruction was harmless, and any error in appointing and removing trial counsel was self-induced.
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| Kace Invs., L.P. v. Hull, A05A2014.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: After a trial court's summary judgment ruling was reversed by the appellate court and case was remanded, the trial court did not err in allowing defendant to amend his answer and counterclaim under O.C.G.A. § 9-11-15 to add claims for compensatory and punitive damages, as action had not been not fully adjudicated and claims remained after remand.
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| Kaesemeyer v. Angiogenix, Inc., A06A0456.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Under the third-party beneficiary statute, O.C.G.A. § 9-2-20(b), a promisee did not have standing to sue the maker and assignee of a note for breach of those two parties' asset purchase agreement (APA), because the APA clearly stated that no other person had any right under the APA as a third party beneficiary or otherwise.
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| Lamb v. State, A06A0763.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: A trial court properly found defendant's guilty plea was voluntarily, knowingly, and intelligently made as to a conviction for possession of cocaine, in violation of O.C.G.A. § 16-13-30(a), because the trial court had no obligation to inform of the possible collateral consequence of the revocation of defendant's probation for a prior offense.
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| McDilda v. Norman W. Fries, Inc., A05A2086.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Pursuant to O.C.G.A. § 44-4-6, a line of blue-marked trees, not the edge of a river swamp described in plats and deeds, was the common boundary of the parties' tracts because the evidence showed the blue line had been marked with the knowledge and consent of adjacent landowners more than 30 years earlier.
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| Nationwide Mut. Fire Ins. Co. v. Progressive Bayside Ins. Co., A05A2197.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Proration of UM/UIM coverage between two carriers was inappropriate. Under "more closely identified with" test, injured person involved in an accident while riding his motorcycle was more closely identified with the policy issued by a motorcycle insurer, which therefore had priority of UM/UIM coverage over a policy issued by an auto insurer.
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