Attorneys - Interviewing Former Employees of Opponent. Standard 47, forbidding communications with certain employees of an adverse party, does not forbid communications with former employees of an adverse party, even if the acts or omissions of the former employee may impute negligence to the adverse party. Sanifill of Georgia, Inc. v. Roberts, 232 Ga. App. 510 (1998).

Attorney's Fees. A trial court's award of attorney's fees should show the reasoning which justifies the sum awarded, as opposed to any other sum, with regard to the claims as to which the party prevailed as opposed to claims those on which the party lost. Huggins v. Chapin, 233 Ga. App. 109 (1998).

Affidavits. While an affidavit must be executed in the presence of an officer authorized to take testimony, the officer need not administer an oath; it suffices that the officer and affiant both understand that signing the affidavit in the officer's presence is all that is necessary to complete the act of swearing. Harris v. Murray, 233 Ga. App. 661 (1998).

Leaves of Absence. The Supreme Court amended Rule 16 of the Uniform Superior Court Rules to encourage that leaves of absence be sought 30 days before the period of the leave and to provide a form for the notice.

Court of Appeals Rules. The Court of Appeals issued a new set of rules, effective September 17, 1998. Most changes are informational. Briefs must now have a one inch margin on the bottom and right margins. Page limits include indexes, exhibits, and appendices. An additional $80 filing fee applies for filing an appeal after the appellant has already paid the $80 fee to consider an application for interlocutory or discretionary appeal.

Municipal Courts. Municipal courts are not courts of record and therefore lack the power to grant new trials. An appeal filed more than 30 days after the judgment of a municipal court is invalid, even though a motion for new trial was pending. City of Lawrenceville v. Davis, 233 Ga. App. 1 (1998).

Negligent Employment. When an employer admits the applicability of respondeat superior liability for the acts of an employee, it is entitled to summary judgment on claims of negligent employment unless there is evidence sufficient to sustain a claim for punitive damages based on the employer's independent negligence in hiring and retaining the employee. Durben v. American Materials, Inc., 232 Ga. App. 750 (1998).

Georgia Tort Claims Act. Service of process must be accomplished in strict compliance with the terms of the GTCA; service on the director of the Risk Management Division of the Department of Administrative Services may not be accomplished by service upon the state's Liability Program Manager. Curry v. Georgia Dept. of Corrections, 232 Ga. App. 703 (1998).

Fraud. An employee who is induced to leave one job by the false assurance that a contract exists for another job may sue the latter employer for fraud. Plane v. Univorce MIS Services of Georgia, Inc., 232 Ga. App. 757 (1998).

Limited Releases. In settling with an underinsured motorist pursuant to OCGA § 33-24-41.1, a plaintiff who dismisses a claim against the motorist with prejudice waives the right to recover under the plaintiff's uninsured motorist coverage. Kent v. State Farm Mut. Auto. Ins. Co., 233 Ga. App. 564 (1998).

Covenant not to Sue. A covenant not to sue an employee bars a claim against the employer based on respondeat superior. Grand Union Co. v. Miller, 232 Ga. App. 857 (1998) (holding that the law changed in 1987).

Rule Against Perpetuities - Options. The rule against perpetuities applies to personal property as well as real estate. Smith v. Stuckey, 233 Ga. App. 103 (1998). (pre-1990 stock option was subject to the rule, but saved by a construction requiring a reasonable time less than 21 years within which to exercise the option).

Breach of Promise to Marry. Georgia recognizes a cause of action for breach of a promise to marry, including a claim for fraud based on misrepresentations of one's own marital status. Field v. Massey, 232 Ga. App. 524 (1998).

Constitutional Law - Exhaustion of Remedies. Must a party exhaust administrative remedies before filing a facial constitutional challenge? O S Advertising Co. of Georgia, Inc. v. Rubin, 263 Ga. 761 (1994) (no); Chambers of Georgia, Inc. v. Dept. of Natural Resources, 232 Ga. App. 632 (1998) (yes, even though the administrative agency has no jurisdiction to grant this relief).

Criminal - Sentencing - First Offender. Overruling an earlier decision, the Court of Appeals held that a defendant who is guilty of serious violent felonies listed in OCGA § 17-10-6.1 is not eligible for first offender sentencing. Fleming v. State, 233 Ga. App. 483 (1998).