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   State Courts - Georgia - March 23, 2007

  
Chong v. Reebaa Constr. Co., A06A2308, A06A2309, COURT OF APPEALS OF GEORGIA, March 23, 2007, Decided
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Overview: The evidence did not support a contractor's breach of contract claim against a homeowner, as there was no agreement concerning the price of change orders and upgrades. It was error to direct a verdict on a slander per se claim under O.C.G.A. § 51-5-4; statements that the contractor was a liar and a crook could constitute slander per se.

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Holmes v. Clear Channel Outdoor, Inc., A06A1877., COURT OF APPEALS OF GEORGIA, March 23, 2007, Decided
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Overview: Trial court erred in granting summary judgment to a billboard owner, in an independent contractor's personal injury action, as it failed to consider whether a waiver in a contract between the contractor and the owner's predecessor invalidated the contractor's insurance, and the contractor clearly did not completely waive his right to recover.

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In the Interest of J.B.M., A06A1961, A06A1962., COURT OF APPEALS OF GEORGIA, March 23, 2007, Decided
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Overview: A court properly considered a mother's past conduct in determining that the deprivation of five children would likely continue, including her passivity with regard to her husband sexually abusing the children and doing nothing, therefore, pursuant to O.C.G.A. § 15-11-94(b)(4)(B)(iv), the termination of the mother's parental rights was upheld.

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Patrick v. State, A06A1810., COURT OF APPEALS OF GEORGIA, March 23, 2007, Decided
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Overview: Because no language within O.C.G.A. § 16-8-14(b)(1)(C) prohibited the trial court from sentencing defendant under the recidivist provisions in O.C.G.A. § 17-10-7(c) upon his fourth shoplifting conviction, the sentence imposed thereunder was upheld on appeal.

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Robinson v. Kroger Co., A07A0230., COURT OF APPEALS OF GEORGIA, March 23, 2007, Decided
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Overview: Because the trial court correctly determined that the parking lot in which a customer fell was owned and maintained by grocery store's landlord, and was not an approach to the premises for purposes of O.C.G.A. § 51-3-1, the grocery store was properly granted summary judgment as to the issue of liability in a customer's personal injury suit.

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State v. Austell, A06A2171., COURT OF APPEALS OF GEORGIA, March 23, 2007, Decided
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Overview: Trial court properly granted defendant's motion to suppress the results of a chemical test of his blood based on the undue delay between his arrest, after a traffic stop, and the reading of his implied consent warnings, as there were many opportunities when a state trooper could have read the warnings to defendant, but did not.

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