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| Arnold v. State, A06A1670.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: As the victim was not required to accurately testify as to venue, as such was not an element of the offenses charged; defendant was not erroneously removed from the courtroom during a critical stage of his trial, his examination of his witness was properly limited, and his counsel was not ineffective, his convictions were upheld on appeal.
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| Brawner v. Marietta City Bd. of Educ., A06A2133.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: School board erroneously dismissed a teacher based on her insubordination and disobeying a board directive, as her return to the workplace for a planning meeting while on approved disability leave, but not to work, was insufficient to amount to the same, and the evidence showed she never sought to be restored to her full teaching duties.
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| ChoicePoint Servs. v. Hiers, A07A0803.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: Because a payee's quantum meruit and reformation claims were barred by res judicata, and the fact that the state court potentially lacked jurisdiction over the reformation claim was immaterial, the trial court erred in denying the payor's motion for summary judgment regarding the same.
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| Fluellen v. State, A06A1651.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: Given that sufficient evidence was presented to support the jury's finding of a reasonable apprehension on the part of the victim that an offensive weapon was being used in an armed robbery, when coupled with defendant's admission that he had a gun, conviction for the same was upheld. Thus, defendant's motion for an acquittal was properly denied.
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| Green v. Eastland Homes, Inc., A07A0882, A07A0883.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: In two cases filed by a landowner involving trespass and nuisance, the trial court erred in granting summary judgment to a contractor, but properly denied summary judgment to a developer, as the combination of the lay and expert testimony as to the presence of the excess runoff and its cause, presented questions of fact for a jury to decide.
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| Hilb, Rogal & Hamilton Co. of Atlanta, Inc. v. Holley, A06A1657, A06A1658.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: Noncompete and nonsolicit covenants in an employment contract were subject to strict scrutiny when the parties had executed separate contracts for a sale of a business and subsequent employment and each contained different covenants. A covenant precluding an employee from accepting an entreaty from known or prospective customers was overly broad.
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| Jackson v. State, A06A2300.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: The evidence, including defendant's prior drug offenses, was sufficient to establish that defendant possessed the drugs and gun found in the car he was driving. Defendant's sister, the car's owner, testified that the contraband had not been there before defendant took the car, and there was corroboration for a passenger's story that it was not his.
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| Kaiser v. State, A06A1767.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: Trial court erred in dismissing defendant's motion to withdraw his guilty plea, as he had a statutory right to withdrawal under O.C.G.A. § 17-7-93(b), as the sentence imposed against him as a result of said guilty plea was void, and he maintained a right to withdrawal until he was properly sentenced.
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| Langfitt v. Jackson, A06A2428.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: A trial court erred by denying the motions for j.n.o.v. and to stay and compel arbitration filed by two builders with regard to a breach of warranty suit brought by two homeowners because the builders never waived their rights to arbitration under the warranty agreement.
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| Livingston v. Taylor, A07A0020.,
COURT OF APPEALS OF GEORGIA, March 28, 2007, Decided
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Overview: Because the trial court did not abuse its discretion in finding that a resident failed to act with due diligence in serving process a non-resident, as supported by evidence of her standing idle for six months after she learned of the difficulties of serving him, her complaint was properly dismissed based on insufficient service of process.
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