Ethics - Attorney-Client Relationship. Where one attorney associates another to act on behalf of a party to a lawsuit, the latter attorney had direct accountability to the party for legal and ethical violations arising from the representation and cannot avoid them by claiming independent contractor status. In Re Woodall, 231 Ga. App. 391 (1998).

Ethics - Ex Parte Communications with Former Employees of an Adverse Party. A lawyer may communicate ex parte with a former employee of an adverse party, even if the former employee's conduct may be used to impute liability to the adverse party, so long as the lawyer makes a full disclosure of the identity of the lawyer's client and the former employee consents. Sanifill of Georgia, Inc. v. Roberts, 232 Ga. App. 510 (1998).

Service - Corporations. Service upon the agent of a wholly owned domestic subsidiary of a foreign corporation does not automatically constitute service on the foreign corporation. Rovema Verpackungsmaschinen GmbH v. Deloach, 232 Ga. App. 212 (1998).

Notice of Trial. Reversing a case noted earlier, the Supreme Court held that notice of trial must be reasonable under the totality of circumstances. It declined to give a bright-line rule but stated that notices should be given within normal business hours and provide at least two business hours notice. In order to be reasonable, earlier notice may be required where parties or witnesses must travel from out of town. Thornton v. National American Ins. Co., 269 Ga. 518 (1998).

Appeals - Interlocutory. When an appellate court grants an interlocutory appeal from a non-final order but the appealing party fails to perfect the appeal, the order becomes final and res judicata, and this effect cannot be avoided by the trial court's vacating the order and re-instating it. International Indemnity Co. v. Robinson, 231 Ga. App. 236 (1998).

Certiorari to Superior Court. Writs of certiorari to superior court must be applied for within 30 days of the final determination of the case below, and must receive the sanction of a superior court judge before they may be filed in superior court. Cobb County v. Herren, 230 Ga. App. 482 (1998).

Evidence - Foundations. An objection on grounds of lack of a proper foundation is too general to be reviewable, but holdings that an objection must specify the missing foundational elements go too far. Instead, the objection must simply provide sufficient grounds for the trial court to rule intelligently on the objection. Tolver v. State, 269 Ga. 530 (1998).

Evidence - Prior Consistent Statements. Overruling a number of its prior decisions, the Supreme Court held that the prior consistent statements of a witness are admissible only where the veracity of a witness's trial testimony has been placed in issue at trial, the witness is present at trial, and the witness is available for cross-examination. The witness's veracity is placed in issue only if affirmative charges of recent fabrication, improper influence, or improper motive are raised during cross-examination. Woodard v. State, 269 Ga. 317 (1998).

 Evidence - Similar Offenses - First Offender Conviction. A conviction under the first offender act may not be used to prove that the defendant committed a similar independent offense. Commission of similar independent offenses may be proved by means other than a criminal conviction. Davis v. State, 269 Ga. 276 (1998).

Evidence - Video Reenactments. Video reenactments, whether introduced as demonstrative evidence or used to illustrate testimony, are not to be shown without a foundation showing that the video is a fair and accurate representation of the events to be depicted and may not be used where the situation or event is simple, the testimony adequate, and the video adds nothing except the visual image. Pickren v. State, 269 Ga. 453 (1998).

Evidence - Hearsay - Statements of Employees. Is the statement of a store employee to the plaintiff about a fact in issue in suit between the plaintiff and the store admissible as an admission by an employee? See Watson v. Kroger Co., 231 Ga. App. 741 (1998) (yes), and Meyer v. Super Discount Markets, Inc., 231 Ga. App. 763 (1998) (no).

Evidence - Child Hearsay. The Supreme Court found that the Child Hearsay Statute, OCGA § 24-3-16, violated the equal protection clause by treating defendants charged with identical crimes differently based on the age of the child. Woodard v. State, 269 Ga. 317 (1998).

Confidentiality Agreements. Settlement agreements requiring confidentiality, even if made the order of the court, violate the public policy of Georgia to the extent that they prohibit a witness from testifying in response to a subpoena, subsequent court order, or notice of deposition. Barger v. Garden Way, Inc., 231 Ga. App. 723 (1998).

Settlements - Contract for Sale of Land. The Court of Appeals upheld a contract for the sale of an improved tract of land as part of a settlement of family assets even though no purchase price was established; the court held that an implied duty to sell the property for a fair price existed because of the implied duty of good faith in contracts. Fowler v. Smith, 230 Ga. App. 817 (1998).

Constitutional Challenges - Preservation. In order to ensure appellate review of a constitutional challenge, counsel should obtain a written order on the point. A general adverse ruling may not be deemed to be an implicit ruling on the challenge. Schmidt v. Feldman, 230 Ga. App. 500 (1998).

Criminal - Prior Difficulties with Victim. Overruling a prior decision, the Supreme Court held that USCR 31 does not apply to prior difficulties between a criminal defendant and the victim of the crime and does not require pre-trial notice or judicial findings in order to admit the evidence. Wall v. State, 269 Ga. 506 (1998).

Criminal - Similar Transaction Evidence. It may be reversible error for the trial court to fail to give limiting instructions on the use of similar transaction evidence, even without a request, at the time of introducing the evidence. It is reversible error to fail to give limiting instructions sua sponte before the case is submitted to the jury. Chisholm v. State, 231 Ga. App. 835 (1998).

Criminal - Lesser Included Offenses. It is reversible error to instruct that the jury must unanimously acquit the defendant of the indicted offense before it may consider a lesser included offense. Kunselman v. State, 232 Ga. App. 323 (1998) (suggesting better instructions).