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| Boyd v. Calvary Portfolio Servs., A07A0194,
COURT OF APPEALS OF GEORGIA, May 15, 2007, Decided
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Overview: Trial court's grant of summary judgment to a collection company, and against a debtor, in the former's deficiency action, was upheld on appeal, as such was not based on inadmissible hearsay, but upon admissible business records, and was dispositive of the debtor's counterclaims, which arose out of the company's request for a deficiency judgment.
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| Gregorakos v. Wells Fargo Nat'l Ass'n, A07A0550.,
COURT OF APPEALS OF GEORGIA, May 15, 2007, Decided
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Overview: A debtor's mother who claimed that the house in which she lived was improperly included in the debtor's security deed to a bank was not entitled to reformation of the deed. There was no evidence that the mother had any legal interest in the property at the time the deed was executed; thus, she was not in privity with the bank's successor.
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| Kennestone Hosp., Inc. v. Harris, A07A0571.,
COURT OF APPEALS OF GEORGIA, THIRD DIVISION, May 15, 2007, Decided
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Overview: When a deliveryman slipped and fell on loose telephone books at a hospital loading dock, the hospital was properly denied summary judgment. There was an issue of fact as to whether the hospital had constructive knowledge of the condition, and the hospital had not shown that the deliveryman's knowledge of the hazard was equal or superior to its own.
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| Piedmont Ctr. 15, LLC v. Aquent, Inc., A07A0407, A07A0408.,
COURT OF APPEALS OF GEORGIA, SECOND DIVISION, May 15, 2007, Decided
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Overview: Because a lessee's predecessor-in-interest failed to strictly comply with a cancellation option in its commercial lease with the lessor, the trial court erred in ruling otherwise, resulting in an expiration of the option. Thus, on remand, the lessor was entitled to the past rent due under the lease for the term sought.
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| Smith v. State, A07A0780.,
COURT OF APPEALS OF GEORGIA, SECOND DIVISION, May 15, 2007, Decided
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Overview: Defendant's conviction for cocaine possession did not rest on mere presence evidence. An officer's observation of defendant in the act of throwing a crack pipe onto the ground combined with the lab testing of the substance removed from the pipe provided ample direct evidence from which the jury could have found that defendant possessed cocaine.
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| Bragg v. State, A07A0443.,
COURT OF APPEALS OF GEORGIA, THIRD DIVISION, May 16, 2007, Decided
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Overview: Because an aggravated stalking conviction could not stand when the charged contact was with the victim's consent, said conviction was reversed. But, because the victim's testimony alone supported the aggravated assault and kidnapping convictions, and the appeals court declined to address a credibility challenge, such were upheld.
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| Lanier at McEver, L.P. v. Planners & Eng'rs Collaborative, Inc., A07A0466.,
COURT OF APPEALS OF GEORGIA, THIRD DIVISION, May 16, 2007, Decided
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Overview: A damages limitation clause in a contract between the owner of an apartment complex and an engineering firm did not violate public policy under O.C.G.A. § 13-8-2. The clause did not release the firm from liability or preclude recovery by a third party, but simply limited the owner's damages to the amount of fees paid under the contract.
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| Vega v. State, A07A0354.,
COURT OF APPEALS OF GEORGIA, THIRD DIVISION, May 16, 2007, Decided
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Overview: Because defendant's presence at the scene of an ongoing robbery, coupled with his flight from police, justified his arrest, and at best, a lawful pat-down search, suppression of the evidence seized was unwarranted. Further, as trial counsel was not ineffective in making certain strategic decisions at trial, his convictions were upheld on appeal.
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