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| Douglas v. Bigley, A05A1970.,
COURT OF APPEALS OF GEORGIA, March 8, 2006, Decided
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Overview: While evidence supported some, but not all, of a trustee's claims against two investors and their companies, because the jury returned a general verdict, such made it difficult to decipher which claims the jury found liability. Thus, a new trial was ordered on remand. But, JNOV should have been awarded to the second company as to all claims.
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| Dowdell v. State, A05A2261.,
COURT OF APPEALS OF GEORGIA, March 8, 2006, Decided
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Overview: Indictment charging possession of firearm during commission of crime, O.C.G.A. § 16-11-106, was not void merely where it alleged armed robbery not of person, but of building, and denial of motion in arrest of judgment or for a new trial was proper. Defendant waived right to review of trial court's communication with jury by failing to object.
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| Ferrill v. State, A05A2149.,
COURT OF APPEALS OF GEORGIA, March 8, 2006, Decided
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Overview: Although reasonable doubt instruction contained disapproved language concerning "the possibility that the defendant may be innocent," there was no reasonable likelihood that jury applied an improper standard of proof. Where victim testified that defendant used seized paraphernalia on her during molestation, its admission was not improper.
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| Guin v. Alarm Detection Indus., A05A1841.,
COURT OF APPEALS OF GEORGIA, March 8, 2006, Decided
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Overview: When a judgment creditor registered a judgment obtained in federal court in another state, against judgment debtors, in the proper Georgia federal court, the judgment was not a "foreign" judgment, so the creditor did not have to then follow the Uniform Enforcement of Foreign Judgments Law, O.C.G.A. § 9-12-130 et seq., to foreclose on the debtors.
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| Johnson County Sch. Dist. v. Greater Savannah Lawn Care, A05A1591.,
COURT OF APPEALS OF GEORGIA, March 8, 2006, Decided
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Overview: Denial of summary judgment on lawn care business's claim for lost profits relating to traffic accident was improper. Record was void of competent evidence from which claim for lost profits could have been calculated with reasonable certainty, and since business had been operating at loss, there was no proven track record of profitability.
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| Jordan v. State, A05A2111.,
COURT OF APPEALS OF GEORGIA, March 8, 2006, Decided
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Overview: Where, among other things, a robbery victim testified that she knew both robbers and recognized them during the robbery and the next day, even without the accomplice's pretrial statement implicating defendant, the State presented direct and circumstantial evidence of defendant's participation in the crime and O.C.G.A. § 24-4-8 was inapplicable.
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| Laurel v. State, A06A0701.,
COURT OF APPEALS OF GEORGIA, March 8, 2006, Decided
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Overview: There was no reason to assume that jury used "confess" as term of art in question asked of court or that it suffered under misapprehension that required explanation about legal import of term "confession." Moreover, since there was no confession, it would have been error for trial court to respond by giving a charge on the law of confessions.
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| Quantum Trading Corp. v. Forum Realty Corp., A05A2281, A05A2282.,
COURT OF APPEALS OF GEORGIA, March 8, 2006, Decided
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Overview: An appellate court held, pursuant to O.C.G.A. § 9-12-4, that a jury did not find that a broker was the procuring cause of lease or that the broker was entitled to recover in quantum meruit. As broker had abandoned the remaining verdict for breach of duty of good faith, corporation was thus entitled to judgment notwithstanding the verdict.
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| Stinchcomb v. Wright, A05A2253.,
COURT OF APPEALS OF GEORGIA, March 8, 2006, Decided
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Overview: Builder bringing a breach of contract action was entitled to pursue both specific performance and damages. Further, the builder showed that the contract was in writing, signed by the parties, certain and fair, for adequate consideration, and capable of being performed so that it was specifically enforceable.
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