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| BTL COM Ltd., Co. v. Vachon, A05A1751.,
COURT OF APPEALS OF GEORGIA, March 16, 2006, Decided
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Overview: In a contract action against corporate officers for fraud, there was a genuine fact issue as to whether the officers participated in making misrepresentations inducing a company to contract with the officers' corporation, and as to whether the corporation carried out promises in the contract, so the officers were not entitled to summary judgment.
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| Daniels v. State, A05A1820.,
COURT OF APPEALS OF GEORGIA, March 16, 2006, Decided
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Overview: Vehicle stop, which was based upon a reliable and anonymous tip containing explicit details of defendant's itinerary not known by the general public, was not improper. Further, based on the unobjected opinion of the officer involved as to the amount of marijuana seized, a possession with intent to distribute conviction was upheld.
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| Lovell v. Rea, A05A1967.,
COURT OF APPEALS OF GEORGIA, March 16, 2006, Decided
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Overview: A trial court's permanent injunction against appellant property owner's blocking of a road that bordered the property of appellant and the adjoining land owner was proper, as the road was not properly closed or abandoned by the county and was therefore public, and the adjoining land owner was entitled to access of it from her property.
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| McKelvey v. Plaisted, A05A1840.,
COURT OF APPEALS OF GEORGIA, March 16, 2006, Decided
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Overview: Father was properly granted summary judgment, in a negligent supervision suit filed against him, as he had no duty to keep a constant watch on the children, he was not an insurer of their safety, and an expert for the injured child's mother failed to address whether the father should have anticipated that the children would play with a bungee cord.
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| Peach Consol. Props., LLC v. Carter, A05A1859, A05A1860.,
COURT OF APPEALS OF GEORGIA, March 16, 2006, Decided
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Overview: As a co-trustee was aware of the negotiations to sell trust property, but was not involved in the same, the absence of his signature on the sales contract did not render said documents unenforceable. Thus, because estoppel by silence did not apply, the co-trustee could object to the sale of his trust property.
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| Simon Prop. Group, Inc. v. Benson, A05A2256.,
COURT OF APPEALS OF GEORGIA, March 16, 2006, Decided
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Overview: Defendant's assessing dormancy fees on gift cards and certificates and refusing to honor them after one year did not violate O.C.G.A. § 44-12-205 of Georgia Disposition of Unclaimed Property Act (DUPA). As cards and certificates had not been unclaimed by plaintiffs for more than five years, they were not presumed abandoned, and DUPA did not apply.
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| Allen v. State, A05A1947.,
COURT OF APPEALS OF GEORGIA, March 17, 2006, Decided
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Overview: Where a conflict existed in the evidence presented at a cruelty to children trial arising where one pediatrician testified that a child's nutritional deprivation could have resulted from reflux, and another pediatrician testified that reflux condition could not possibly have caused victim's malnutrition, directed verdict was inappropriate.
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| Cox v. U.S. Mkts., Inc., A05A1894.,
COURT OF APPEALS OF GEORGIA, March 17, 2006, Decided
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Overview: A guaranty to which a promissory note showing the debt guaranteed was attached complied with the statute of frauds, O.C.G.A. § 13-5-30, and no mutual mistake as to the amount guaranteed was shown. The creditor's general manager, who was not employed by the creditor when the debt was guaranteed, had personal knowledge that the debt was in default.
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| In the Interest of C.T.M., A05A2039.,
COURT OF APPEALS OF GEORGIA, March 17, 2006, Decided
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Overview: As a mother's children had been in foster care for three years, and during that time period she did not complete her case plan by finding stable housing and employment, clear and convincing evidence supported the juvenile court's finding that termination of her parental rights under O.C.G.A. § 15-11-94(a) was in the children's best interest.
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| Massey v. State, A05A2270.,
COURT OF APPEALS OF GEORGIA, March 17, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of aggravated assault in violation of O.C.G.A. § 16-5-21(a)(2), as the indictment alleged that the aggravated assault was committed with objects likely to cause serious bodily injury (a broom handle and defendant's feet and hands), not that serious bodily injury in fact occurred.
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