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   State Courts - Georgia - March 10, 2006

  
Sisson v. Elliott, A05A1658., COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: While landowners were told about abandoned well on their property, they did not know where the well was, and nothing indicated where well was. Further, nothing indicated that the well was defectively covered rather than filled, and thus landowners had no duty to inspect property to locate the well or to inform injured person of its existence.

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Staten v. Beaulieu Group, LLC, A05A2313., COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: Alleged guarantor was not discharged from the obligations of personal guarantee under O.C.G.A. §§ 10-7-21 and 10-7-22 because, although a subsequent agreement changed the terms of the original guaranty by granting an extension of time regarding terms of purchase from a company and acted as a novation, alleged guarantor consented to those changes.

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Taylor v. State, A06A0126., COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: Failure to give requested charge which tracked O.C.G.A. § 24-4-6, and instructed that to warrant conviction on circumstantial evidence, facts must, inter alia, exclude every reasonable theory other than guilt of accused was harmful error in DUI case since officer's opinion that defendant was impaired was based on circumstantial evidence.

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Thomas-Sears v. Morris, A05A1656., COURT OF APPEALS OF GEORGIA, March 10, 2006, Decided
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Overview: Guarantor was properly granted summary judgment, releasing him from liability under a note, as an escrow agreement between the creditor and the debtor materially changed the debtor's obligations thereunder without the guarantor's consent, amounting to a novation, releasing the guarantor from any obligation under said note.

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