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| BKJB P'ship v. Moseman, A06A1837, A06A1838,
COURT OF APPEALS OF GEORGIA, March 29, 2007, Decided
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Overview: Under the same transaction test, because the claims raised by a buyer in a Georgia state court were judicially determined in litigation between the parties in both the federal district court and court of appeals, the state court did not err in denying the buyer's partial summary judgment motion regarding the same.
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| Brookview Holdings, LLC v. Suarez, A06A2471.,
COURT OF APPEALS OF GEORGIA, March 29, 2007, Decided
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Overview: Summary judgment was properly denied to a trailer park owner, pursuant to O.C.G.A. § 51-1-8, in a premises liability action based upon the murder of a tenant since the owner had a duty to provide security to the park as a result of a contract it entered into with all residents and failed to inform the residents that security was discontinued.
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| Crawford v. Great Am. Cash Advance, Inc., A07A0781.,
COURT OF APPEALS OF GEORGIA, March 29, 2007, Decided
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Overview: Arbitration clauses in payday loan contracts were enforceable. The debtor had agreed to be bound by the clauses, which were not unconscionable because they lacked mutuality of remedy; furthermore, the debtor had not shown that the requirement that each party bear its own costs and expenses would prohibit her from arbitrating the matter.
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| Davenport v. Cummins Alabama, Inc., A06A2200.,
COURT OF APPEALS OF GEORGIA, March 29, 2007, Decided
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Overview: A trial court properly granted summary judgment to the seller of an engine that was installed in an alleged defective wood chipper that caused personal injuries to a worker after catching on fire since the seller had no input in the design of the chipper and, therefore, did not qualify as a manufacturer under O.C.G.A. § 51-1-11.1(a).
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| Ga. Public Defender Standards Council v. State of Ga., A06A2177.,
COURT OF APPEALS OF GEORGIA, FIRST DIVISION, March 29, 2007, Decided
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Overview: It was error to hold that under the Georgia Indigent Defense Act of 2003, the Georgia Public Defender Standards Council was required to pay for indigent defendants' costs of transcripts in criminal cases. Under laws existing before the Act, counties were required to pay for such transcripts, and the Act did not repeal these laws by implication.
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| In the Interest of B.S., A07A0467.,
COURT OF APPEALS OF GEORGIA, March 29, 2007, Decided
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Overview: A witness's testimony that the brother of a juvenile defendant told her, My brother just shot someone, was not inadmissible hearsay. As the brother testified that he had not made such a statement, the testimony was admissible as an inconsistent statement; it was also admissible as an excited utterance.
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| In the Interest of C.L., A06A2490.,
COURT OF APPEALS OF GEORGIA, March 29, 2007, Decided
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Overview: Because a child's biological father became the child's legal father when the superior court granted his legitimation petition, and as a result, the child's former legal father no longer had rights to custody of the child, the juvenile court erred in granting joint custody of the child to both men and awarding visitation to the biological father.
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| Joe Ray Bonding Co. v. State of Ga., A07A0731.,
COURT OF APPEALS OF GEORGIA, March 29, 2007, Decided
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Overview: Under the plain and ordinary language of O.C.G.A. § 17-6-72(d)(1), a bondsman, who failed to assist in the arrest of the principal of its bond, was properly denied a 50 percent remission of the same, and the district attorney's consent to the bondsman's motion had no legal effect, as such was not accepted by the trial court.
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| Mt. Orthopedics & Sports Med., P.C. v. Williams, A06A2311,
COURT OF APPEALS OF GEORGIA, March 29, 2007, Decided
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Overview: State court properly denied a clinic's motion to dismiss a negligence complaint arising out of injuries a patient allegedly sustained by and through the negligence of one of the clinic's employees, as the patient was not suing for medical malpractice, and thus, not required to file the necessary affidavit required under O.C.G.A. § 9-11-9.1.
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| Norton v. Holcomb, A06A2437.,
COURT OF APPEALS OF GEORGIA, March 29, 2007, Decided
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Overview: As a neighbor failed to prove that he acquired prescriptive rights over a landowner's private way, summary judgment on the latter's trespass claim was upheld. Further, because the neighbor's counterclaims were incidental to the landowner's trespass claim, a change of venue was unwarranted. But, remand was ordered to resolve the remaining issues.
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