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| Bass v. State, A06A1663.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: Because the trial court failed to either enter a written sentence for each count upon which defendant was found guilty, or enter a written notation of merger, the case was not ripe for appeal and remand was required for the court to make such written findings disposing of all 24 counts.
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| Compton v. Huddle House, Inc., A07A0596,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: Customer was not entitled to a new trial in her personal injury action arising from a slip and fall sustained as an invitee on a restaurant's premises, as a trash can did not obstruct a sidewalk at the time of the fall, the restaurant was not negligent, the customer had equal or superior knowledge of the trash can, and the jury charges were proper.
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| Davidson v. State, A06A1759.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: In defendant's second DUI trial, it was not error to prevent him from cross-examining a deputy under O.C.G.A. § 24-9-83 about a statement the deputy had made at the first trial about defendant's level of intoxication. There was no contradiction between the deputy's testimony at the second trial and his testimony at the first trial.
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| Gowins v. Gary, A07A0642,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: When a settlement agreement was incorporated into a judgment, it was error to hold a father in contempt under O.C.G.A. § 19-6-28 only for failing to pay that child support which accrued after the judgment. The trial court had the authority to find him in contempt regardless of whether the support accrued before or after entry of the judgment.
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| Henry v. State, A06A2389.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: Because the State failed to prove that defendant caused a victim's death through his failure to stop and render assistance, in violation of O.C.G.A. § 40-6-270(b), his vehicular homicide conviction under O.C.G.A. § 40-6-393(a) was reversed, and remand was ordered for resentencing on the lesser included offense of felony hit-and-run.
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| Herrington v. State, A06A2032.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: Because defendant failed to show that his trial counsel was ineffective in failing to present an alibi witness, and because he failed to offer evidence that a medical examiner or witnesses from the Department of Family and Child Services would have been favorable to his defense, his ineffective assistance of counsel claims lacked merit.
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| Huffman v. Armenia, A06A2105, A06A2106, A07A0616,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: When appellant filed a bankruptcy petition after a TRO was issued verbally but before it was reduced to writing, signed, and filed, it was error to hold him in contempt, as under O.C.G.A. § 9-11-58, the order was not yet effective. His continuing support of the petition, which he did not have the authority or the capacity to file, was contempt.
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| In re Estate of Wallace, A07A0481.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: In an executor's declaratory judgment suit to determine the ownership of company shares, the trial court properly held that in 1951, an ordinary making a support award had set aside household and personal effects to the decedent and to her children jointly and the company to the decedent alone. Assigning a portion to the decedent alone was proper.
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| In the Interest of D.T., A06A1815.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: As clear and convincing evidence was presented of a mother's inability to control her son to the extent necessary for his mental, physical, and emotional health, and the mother's due process rights were not violated, a deprivation finding was upheld. Further, absent evidence of a custody dispute, the proceeding was not a pretextual custody battle.
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| J.E. Black Constr. Co. Inc. v. Ferguson Enters., Inc., A06A2002.,
COURT OF APPEALS OF GEORGIA, March 20, 2007, Decided
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Overview: When a general contractor alleged that a subcontractor was not charging actual cost for materials, but higher amounts that it supported with quotes from a supplier, summary judgment was properly granted to the supplier on a fraud claim. There was no evidence that the supplier intended to induce the contractor to act or to refrain from acting.
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