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| Adams v. State, A06A2124.,
COURT OF APPEALS OF GEORGIA, FOURTH DIVISION, March 27, 2007, Decided
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Overview: It was error to use a conviction for misdemeanor theft by receiving stolen property to impeach defendant under O.C.G.A. § 24-9-84.1(a)(3), as crimes of dishonesty were limited to those crimes bearing upon a witness's propensity to testify truthfully. In light of DNA evidence linking defendant directly to a burglary, however, the error was harmless.
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| Clay v. Oxendine, A06A1695.,
COURT OF APPEALS OF GEORGIA, March 27, 2007, Decided
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Overview: Sale/leaseback transactions engaged in by consumer cash advance businesses were properly held to have violated the anti-payday lending statute, O.C.G.A. § 16-17-1 et seq., and the Georgia Industrial Loan Act, since the purported lease back of personal property was not based on actual appraised market value but corresponded to the loan amount.
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| First Specialty Ins. Corp. v. Flowers, A06A2186.,
COURT OF APPEALS OF GEORGIA, FIRST DIVISION, March 27, 2007, Decided
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Overview: Because an assault and battery exclusion contained in a general commercial liability policy issued by an insurer to its insured barred coverage to the insured for the wrongful death claims filed against that insured, the trial court erred in denying summary judgment to the insurer.
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| Forbes v. State, A06A1893.,
COURT OF APPEALS OF GEORGIA, March 27, 2007, Decided
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Overview: Rape, incest, child molestation, aggravated child molestation, and aggravated sodomy convictions were all upheld on appeal, as: (1) supported by the female victim's testimony; (2) the trial court's charge on the mandatory presumption of consent was proper; and (3) the aggravated child molestation and aggravated sodomy convictions did not merge.
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| Hann v. Harpers Boutiques Int'l, A06A2104.,
COURT OF APPEALS OF GEORGIA, March 27, 2007, Decided
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Overview: The trial court did not err in denying a motion for interlocutory injunction in which appellants sought to stay previously filed cases under O.C.G.A. § 9-5-1. Appellants' recission claim alleged fraud in the inducement and a mistaken belief; thus, it was legal, not equitable, in nature, and state and magistrate courts had jurisdiction over it.
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| In the Interest of E.G., A06A1944.,
COURT OF APPEALS OF GEORGIA, March 27, 2007, Decided
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Overview: Termination of a mother's parental rights order was supported by clear and convincing evidence of prior deprivation orders which were never appealed, her medically verifiable mental illness which prevented her from adequately parenting the child, and evidence of current deprivation. Further, she was not denied the effective assistance of counsel.
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| J. Kinson Cook of Ga., Inc. v. Heery/Mitchell, A06A2295, A07A0096.,
COURT OF APPEALS OF GEORGIA, March 27, 2007, Decided
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Overview: A general contractor's negligence and breach of duty claims against the agent for a school district were barred by the economic loss rule, O.C.G.A. § 51-1-11(a). The contractor was essentially alleging negligent supervision of a school project, and the contractor was not in privity with the contract between the agent and the school district.
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| Mayo v. City of Stockbridge, A06A1703.,
COURT OF APPEALS OF GEORGIA, March 27, 2007, Decided
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Overview: In a condemnation action, since a property owner's appeal permitted by O.C.G.A. § 22-2-100 et seq., did not provide for a constitutional right to jury trial on the issue of just and adequate compensation, an award of attorney fees under O.C.G.A. § 22-2-84.1(a) did not violate the property owner's constitutional right to receive such compensation.
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| Pillar Dev., Inc. v. Fuqua Constr. Co., A06A1673,
COURT OF APPEALS OF GEORGIA, March 27, 2007, Decided
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Overview: Trial court erred in granting summary judgment to a buyer, as the seller complied with the contract's notice provisions, and when the buyer failed to close after a 15-day period to cure its breach expired, the seller was entitled to the earnest money. But, on remand, the court was to determine whether retention of the same amounted to a penalty.
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| Porex Corp. v. Haldopoulos, A06A1650.,
COURT OF APPEALS OF GEORGIA, March 27, 2007, Decided
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Overview: Because the trial court erred in finding that suspicion alone was sufficient to trigger the limitations period under O.C.G.A. § 10-1-766, and hence, erred in finding that an employer failed to exercise reasonable diligence to determine whether it had a claim after realizing said suspicion, partial summary judgment against the employer was reversed.
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