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| Abernathy v. State, A05A1801.,
COURT OF APPEALS OF GEORGIA, March 30, 2006, Decided
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Overview: State failed to prove misdemeanor sexual exploitation of children, O.C.G.A. § 16-12-100(b)(8), where it failed to establish that photos possessed by defendant depicted minors. The individuals in the photos at issue were either not fully visible or were so mature that more evidence was required to show that they were under 18.
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| Adams v. Carlisle, A05A1836. A05A1837. A05A1838.,
COURT OF APPEALS OF GEORGIA, March 30, 2006, Decided
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Overview: In three suits arising out of allegations of two shoppers passing counterfeit bills, summary judgment was properly granted to the arresting officers and as to claims of negligence and slander, but was reversed as against two mall employees, the mall, a mall merchant, and two security guards on the shoppers' remaining intentional tort claims.
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| Anderson v. Cayes, A05A2005.,
COURT OF APPEALS OF GEORGIA, March 30, 2006, Decided
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Overview: Where motorist testified that rear-end collision was caused when injured person's car swerved and that he was unable to avoid it, where injured person's witness was friend and his testimony could have been self-serving, and where motorist's testimony was not substantially inconsistent with prior statements, O.C.G.A. § 13-6-11 award was precluded.
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| Bajjani v. Gwinnett County Sch. Dist., A05A1781.,
COURT OF APPEALS OF GEORGIA, March 30, 2006, Decided
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Overview: Parents' claim that school district employees had ministerial duty to report incident where child was assaulted under O.C.G.A. § 20-2-1184(b), and failure to do so was negligence per se, was improperly dismissed. Also, alleged policy discouraging requesting medical assistance alleged circumstances under which immunity could have been abrogated.
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| In the Interest of J.K., A05A1789.,
COURT OF APPEALS OF GEORGIA, March 30, 2006, Decided
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Overview: Findings were sufficient to terminate mother's parental rights pursuant to O.C.G.A. § 15-11-94 where, inter alia, mother did not financially support her children, even when able to do so, failed to bond with the children, was unable to care for the children due to dependency on prescription medication, and was unwilling to undergo treatment.
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| Lotus Prop. Dev., LLC v. Greer, A05A1835.,
COURT OF APPEALS OF GEORGIA, March 30, 2006, Decided
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Overview: Finding that agreement extending contract closing date was invalid for lack of consideration was proper. Absent a valid extension, original contract expired by its own terms when transaction did not close on stated closing date. With no evidence of detrimental reliance, buyer's promissory estoppel claim was meritless under O.C.G.A. § 13-3-44(a).
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| Rolfe v. State, A06A0238.,
COURT OF APPEALS OF GEORGIA, March 30, 2006, Decided
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Overview: Officer was authorized to stop defendant's car under U.S. Const. amend. IV where officer had a reasonable suspicion that the occupants of the car he stopped were, or were about to be, engaged in criminal activity at closed store, and that circuitous route to a motel taken by defendant's car was an attempt by the driver to evade the officer.
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| Travick v. Lee, A05A2202.,
COURT OF APPEALS OF GEORGIA, March 30, 2006, Decided
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Overview: Because affidavits from a decedent's mother and girlfriend created a genuine fact issue regarding a doctor's expectation of payment, which required resolution by a jury, the trial court erred in granting the doctor's summary judgment motion under O.C.G.A. § 51-1-29.1, the immunity statute for voluntary health care providers.
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| U.S. Micro Corp. v. Atlantix Global Sys., LLC, A05A2130, A05A2131.,
COURT OF APPEALS OF GEORGIA, March 30, 2006, Decided
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Overview: Where reseller, which sued LLC in prior case, did not represent corporation which sued LLC in present case, collateral estoppel did not bar corporation's claims against LLC based on resolution of prior case in favor of LLC. Reliance on retraction letters in prior case did not bar LLC's assertion of truth as defense in present defamation case.
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