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| Aero Toy Store, LLC v. Grieves, A06A0741.,
COURT OF APPEALS OF GEORGIA, May 23, 2006, Decided
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Overview: State court properly denied a motion to dismiss a fraud and breach of contract suit filed against an Internet car dealer, finding that it purposely transacted business in Georgia with a Georgia-resident buyer by way of the sale at issue. Further, for purposes of the motion to dismiss, the buyer did not consent to a forum selection clause.
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| Bilow v. State, A06A0217.,
COURT OF APPEALS OF GEORGIA, May 23, 2006, Decided
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Overview: Once victim withdrew defendant's authority to enter her house, fact that defendant once lived there did not give him authority to enter. Thus, there was sufficient evidence to support convictions for criminal trespass and burglary, O.C.G.A. § 16-7-1, where defendant re-entered victim's home after he was ordered from home by victim and police.
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| Harden v. Clarke County Bd. of Educ., A06A0343.,
COURT OF APPEALS OF GEORGIA, May 23, 2006, Decided
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Overview: Under O.C.G.A. § 36-10-1, contracts entered into by a county were required to be written. Thus, quantum meruit was unavailable against a county. Trial court properly entered summary judgment for board of education, school system, principal, and superintendent in former employee's quantum meruit claim against them for employment compensation.
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| Largo Villas Homeowners' Ass'n v. Bunce, A06A1089.,
COURT OF APPEALS OF GEORGIA, May 23, 2006, Decided
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Overview: An association's wilfulness in failing to comply with a court order to retain counsel and have counsel make appearance in the case within 30 days was not obvious and undeniable. A trial court erred in striking the association's complaint as a sanction for failing to have counsel make a timely appearance without first conducting a hearing.
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| Prater v. State, A06A1243.,
COURT OF APPEALS OF GEORGIA, May 23, 2006, Decided
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Overview: Conviction of first degree arson, O.C.G.A. § 16-7-60(a)(2), was improper where evidence did not show that a truck allegedly burned by defendant was a dwelling, and there was no showing of lack of consent to burning by lienholder or by joint owner, defendant's wife. Neither wife's claim form nor payment to lienholder showed lack of consent.
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| Roofing Supply of Atlanta, Inc. v. Forrest Homes, Inc., A06A0166, A06A0167.,
COURT OF APPEALS OF GEORGIA, May 23, 2006, Decided
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Overview: Because a property owner listed itself as "general contractor" in its notices of commencement, and because a supplier was not in privity with the owner, the supplier was required to provide the owner with O.C.G.A. § 44-14-361(a) notice to contractor. Since the supplier failed to give the proper notice, its materialman's liens were invalid.
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