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| Arnold v. State, A06A0489.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: While defendant's guilty plea to charges stemming from a domestic incident was valid and based on an adequate factual basis, because his sentence on an interference with custody charge exceeded the maximum under O.C.G.A. § 16-5-45, said sentence was void, and the matter was remanded for resentencing on this charge.
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| Both v. Frantz, A06A0138, A06A0139.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: While summary judgment was properly entered on a client's conspiracy and conversion of property claims against her alleged attorneys, her breach of fiduciary duty claim had merit, and she had a right to prove alternative theories independent of her malpractice claim. Further, production of documents in furtherance of the fraud was properly ordered.
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| Brock v. King, A06A0270.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: In a breach of contract action, failure to charge jury, under O.C.G.A. § 13-6-6, that party not breaching contract was entitled to at least nominal damages was error. This failure, coupled with the use of a verdict form that specified actual damages but not nominal damages, improperly removed the issue of nominal damages from jury's consideration.
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| Harris v. Werner, A05A1896.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: The 45-day period of O.C.G.A. § 9-15-14 provided exception to post-judgment jurisdiction as limited "window of opportunity" to seek sanctions. Re-filing of an action after the party had timely moved for attorney's fees but before the original court had the opportunity to rule did not divest the original court of jurisdiction to decide the motion.
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| Langley v. Shannon, A05A2126.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: As the trial court properly held that a negligence action asserted against a veterinarian was not filed until after a two-year statute of limitations had run, it properly granted the veterinarian's motion for summary judgment, finding the action time-barred as a matter of law.
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| Lewis v. State, A05A1687.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: Under-aged victim's prior inconsistent statements concerning the sexual activity she engaged in with defendant amounted to substantive evidence of defendant's guilt supporting a statutory rape charge. When combined with the victim's other statements and evidence found in defendant's hotel room, such was sufficient to support his convictions.
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| Marlowe v. Colquitt County, A06A0315.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: Because an employment agreement between a county and its administrator was not enforceable, the former was properly granted summary judgment in the latter's suit to recover a lump sum payment thereunder. Further, as the county administrator failed to file a formal motion for attorney's fees, he was properly denied the same.
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| Patterson v. State, A05A2100.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: Trial court erred by allowing a State's expert to testify, over defendant's objection, that she did not believe the victim made up the allegations against defendant, as such was an ultimate issue of fact, and nothing suggested that the determination of the victim's credibility was beyond the ken of the jurors.
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| Pierce v. State, A05A1748, A05A1749.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: Despite sufficient evidence to support defendant's driving under the influence and speeding convictions, his sentence was vacated on the former, as the trial court erred by not sentencing him to at least 72 hours of confinement, and house arrest did not qualify as incarceration under O.C.G.A. § 40-6-391(c)(2)(B).
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| Pitts v. State, A05A2272.,
COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: Despite the absence of a transcription of voir dire from the record, upon review of the arguments surrounding the State's motion, the trial court did not err in replacing two jurors on the jury panel due to defendant's racially motivated strikes. Further, defendant waived appellate review of the trial court's re-seating procedure.
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