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   State Courts - Georgia - May 25 - May 26, 2006

  
Anaya v. Coello, A06A0818., COURT OF APPEALS OF GEORGIA, May 25, 2006, Decided
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Overview: As the undisputed evidence adduced established as a matter of law that no attorney-client relationship existed between an attorney and an injured passenger as that attorney's alleged client, the trial court properly held that the opposing party, the driver at fault for the passenger's injuries, was not entitled to enforce the purported settlement.

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Buster v. Poole, A06A0294., COURT OF APPEALS OF GEORGIA, May 25, 2006, Decided
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Overview: As a driver failed to timely notify her doctor of his requirement to appear to testify on her behalf in her personal injury action, the trial court did not err in denying her a continuance or in refusing to cite the doctor for contempt. Thus, as a result, evidence surrounding the doctor's failure to appear became irrelevant.

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Drake v. Drake, A06A0771., COURT OF APPEALS OF GEORGIA, May 25, 2006, Decided
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Overview: Absent a transcript from the support modification hearing in the record, the appeals court had to assume that the judgment treating a father's action as one to modify child support was correct. Further, because he pointed to no specific argument, authority, or citations to the record, his claim that the court's judgment was error was abandoned.

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Green v. Bd. of Dirs. of Park Cliff Unit Owners Ass'n, A06A0365., COURT OF APPEALS OF GEORGIA, May 25, 2006, Decided
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Overview: Trial court did not abuse its discretion in permitting a late affidavit to be filed in support of a summary judgment motion, and the fact that no factual evidence supported a claim of excusable neglect did not preclude trial court from finding such. Further, res judicata barred any claim relative to the injunction sought in the original proceeding.

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Harris v. State, A06A0654., COURT OF APPEALS OF GEORGIA, May 25, 2006, Decided
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Overview: Expert opinion as to whether medical evidence in the case was consistent with the victim's story did not violate O.C.G.A. § 24-9-80. Defendant failed to show that counsel's failure to object to prosecutor's questions about specific misconduct was ineffective assistance since placing defendant's character in issue was valid trial tactic.

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Hickman v. State, A06A0171., COURT OF APPEALS OF GEORGIA, May 25, 2006, Decided
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Overview: Officers conducting surveillance of a buy bust involving an informant, defendant, and his co-defendant, had reasonable suspicion that defendant was involved in the sale of drugs to justify a stop and detention. Further, as the detention lasted at most, fifteen minutes, such was not unreasonable and did not amount to an impermissible seizure.

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Kent v. A.O. White, Jr., Consulting Eng'r, Inc., A06A0232, A06A0233., COURT OF APPEALS OF GEORGIA, May 25, 2006, Decided
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Overview: Debtor's transfer of property to his daughter, without consideration, was properly set aside where deed was recorded nearly 18 months after it was signed, recorded day after the appellate court entered judgment on case, and debtor disposed of assets worth at least $ 500,000 in seven months after deed was recorded, leading to his insolvency.

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King v. Atlanta Cas. Ins. Co., A06A0136., COURT OF APPEALS OF GEORGIA, May 25, 2006, Decided
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Overview: Summary judgment for insurance company on motorist's O.C.G.A. § 33-4-6 claim against it was proper since there was no evidence of bad faith. The insurance company did not settle motorist's property damage claim because its adjuster believed that, at motorist's request, motorist's insurer was assuming responsibility for settling the claim.

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Cox v. Athens Reg'l Med. Ctr., Inc., A06A0341., COURT OF APPEALS OF GEORGIA, May 26, 2006, Decided
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Overview: Uninsured patients' claims that they were charged more than patients covered by insurance, Medicare, or Medicaid for services provided by a hospital were properly dismissed, as the hospital did not violate the scheme outlined by O.C.G.A. § 31-7-11(a), the patients did not request pricing information, and market forces controlled health care costs.

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Lindsey v. Turner, A06A0428., COURT OF APPEALS OF GEORGIA, May 26, 2006, Decided
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Overview: Where a negligent motorist admitted that he caused a vehicle collision and the only issue in the injured driver's action was as to proximate causation of damages, a defense verdict was not a manifest injustice; there was evidence that the driver had suffered prior injuries and medical treatments to the same areas that were injured.

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