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| Bailey v. Edmundson, S06A0617, S06X0618.,
SUPREME COURT OF GEORGIA, May 17, 2006, Decided
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Overview: Trial court erred in granting a directed verdict against a daughter on her undue influence claim as to her father's 2004 will, after a jury granted judgment in her favor, as sufficient evidence supported the same. But, a defensive cross-appeal lacked merit, as no reversible error was found regarding the evidence admitted or the instructions given.
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| Black v. Floyd, S06A0545.,
SUPREME COURT OF GEORGIA, May 17, 2006, Decided
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Overview: Illegible and indecipherable documents did not support appellants' claim of ownership to certain tidal marshland, and, pursuant to O.C.G.A. § 52-1-2, a trial court correctly ruled that the marshland at issue was owned by the State of Georgia.
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| Coptic Constr. Co. v. Rolle, A06A0459, A06A0650.,
COURT OF APPEALS OF GEORGIA, May 17, 2006, Decided
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Overview: Since construction company never sought extension of time to file transcript from post-trial hearing, nor communicated with reporter during nine-month period after hearing, record did not support finding that delay caused by construction company was excusable and denial of homeowners' O.C.G.A. § 5-6-48(c) motion to dismiss the appeal was error.
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| Frickey v. Jones, S05G1935.,
SUPREME COURT OF GEORGIA, May 17, 2006, Decided
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Overview: Letter from insurer in response to plaintiff's demand did not purport to accept an offer unequivocally and without variance of any sort, but imposed an added condition, not merely to "confirm" nonexistence of liens, but to resolve a specific lien as well as potential liens. Letter was thus a counteroffer, and no binding agreement was formed.
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| Garnett v. Hamrick, S06A0539. S06A0540.,
SUPREME COURT OF GEORGIA, May 17, 2006, Decided
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Overview: Appellant's admission in brief that relief she sought in mandamus action against judge was admission in judicio which supported dismissal for mootness. Since appellant had legal remedy, to wit, suing state without governor's consent, denial of her request to file mandamus action seeking to compel governor to consent to her suit was proper.
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| In the Interest of T.G.Y., A06A0429.,
COURT OF APPEALS OF GEORGIA, May 17, 2006, Decided
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Overview: In termination of parental rights proceeding under O.C.G.A. § 15-11-94, evidence showed that continued deprivation of father's son was likely. At time that father would be released from prison, son would have been in foster care for 75 percent of his life. Father also had failed to support son which demonstrated that the father was not able parent.
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| In the Matter of Hickey, S06Y1305.,
SUPREME COURT OF GEORGIA, May 17, 2006, Decided
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| In the Matter of Stewart, S06Y0393,
SUPREME COURT OF GEORGIA, May 17, 2006, Decided
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Overview: While an attorney properly and timely filed an application for a probable cause certificate on habeas client's behalf, her failure to adequately represent said client and correspond with him about the case, when coupled with her failure to cooperate in a disciplinary investigation and her prior disciplinary history, warranted a two-year suspension.
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| J. Smith Lanier & Co. v. Southeastern Forge, Inc., S05G1336.,
SUPREME COURT OF GEORGIA, May 17, 2006, Decided
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Overview: The potential liability of an insurance broker was limited to the terms of the insurance policy it negligently failed to procure. It a broker were found in breach of a contract to obtain insurance coverage, the measure of damages would have been no greater than the liability limits of the policy it agreed to procure.
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