Category: Georgia Court of Appeals Opinions

634 S.E.2d 520 CRENSHAW v. THE STATE. No. A06A0985.Court of Appeals of Georgia. DECIDED JULY 17, 2006. PHIPPS, Judge. Cynthia Crenshaw was tried by a jury and convicted of driving under the influence of alcohol to the extent it was less safe for her to drive, failure to maintain lane and possession of an open […]

67 S.E.2d 145 BARNES v. CHEEK. 33515.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1951. 1. The plea to the jurisdiction of the trial court was without merit. 2. The trial court did not err in overruling the demurrers, both general and special, to the petition. 3. The evidence authorized the verdict. DECIDED OCTOBER 4, […]

316 S.E.2d 493 SHEFFIELD v. ZILIS et al. 66877.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1984. REHEARING DENIED MARCH 2, 1984. POPE, Judge. Appellant Gwendolyn Sheffield brought this action against James J. Zilis, M. D. and appellee Memorial Hospital of Bainbridge, a corporation, Page 63 stemming from an incident in 1979. Appellant sought recovery […]

26 S.E.2d 135 GUENTHER v. THE STATE. 30003.Court of Appeals of Georgia. DECIDED APRIL 21, 1943. REHEARING DENIED JUNE 17, 1943. BROYLES, C. J. The defendant was convicted of the offense of robbery. The verdict was amply authorized by the evidence; and the grounds of the motion for new trial show no cause for reversal […]

91 S.E.2d 789 CONKLE, Administrator, v. BABB et al. 36007.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1956. FELTON, C. J. 1. The plaintiff in error contends that the cause for removal for failure to make annual returns arose when he failed to make his first return which was over 24 years ago and that […]

259 S.E.2d 150 THE STATE v. LAYCOCK. 58113.Court of Appeals of Georgia.ARGUED JULY 11, 1979. DECIDED SEPTEMBER 4, 1979. McMURRAY, Presiding Judge. Defendant was arrested and accused of driving a motor vehicle under the influence of alcohol. After his arrest the implied consent law was explained to him, at which time he elected to receive […]

251 S.E.2d 171 LEE v. LEE. 56901.Court of Appeals of Georgia.SUBMITTED NOVEMBER 14, 1978. DECIDED DECEMBER 1, 1978. DEEN, Presiding Judge. Plaintiff, Alton L. Lee, filed a trover action to recover certain items of personal property which were in the Page 322 possession of his former wife, Mary Joyce Lee. He claims that the ownership […]

157 S.E.2d 758 R. H. MACEY COMPANY, INC. v. CHANCEY. 42712.Court of Appeals of Georgia.ARGUED APRIL 4, 1967. DECIDED SEPTEMBER 27, 1967. REHEARING DENIED OCTOBER 17, 1967. PANNELL, Judge. R. H. Macey Company, Inc., doing business as Davison-Paxon Company, brought suit on account against Mrs. John Chancey in the Superior Court of Barrow County with […]

7 S.E.2d 583 EWING et al. v. MECHANICS LOAN AND SAVINGS COMPANY; and vice versa. 27910, 27923.Court of Appeals of Georgia. DECIDED MARCH 1, 1940. Under the law and the evidence the court did not err in directing the verdict in favor of the plaintiff, and in overruling the defendants’ motion for new trial. Because […]

680 S.E.2d 466 YIM v. J’S FASHION ACCESSORIES, INC. No. A09A1369.Court of Appeals of Georgia. DECIDED JUNE 16, 2009. BLACKBURN, Presiding Judge. In this action on an open account, defendant Benjamin Yim appeals the summary judgment entered against him, arguing that a disputed issue of fact remained as to whether he was acting individually or […]

256 S.E.2d 152 WILLIS v. CENTURY FINANCE COMPANY, INC. 57452.Court of Appeals of Georgia.SUBMITTED MARCH 6, 1979. DECIDED MAY 8, 1979. BANKE, Acting Presiding Judge. The appellee finance company secured a default judgment against the appellant in December 1976 in a suit on a note made under the provisions of the Georgia Industrial Loan Act. […]

546 S.E.2d 44 THOMPSON et al. v. McDOUGAL. A00A2007.Court of Appeals of Georgia. DECIDED: FEBRUARY 26, 2001. POPE, Presiding Judge. Howard and Arlene Thompson appeal the trial court’s grant of summary judgment in favor of Victor McDougal which upheld McDougal’s claim of a prescriptive easement over the Thompsons’ property. The Thompsons assert that there are […]

274 S.E.2d 139 KNIGHT v. FIRST NATIONAL BANK OF ALBANY. 60352.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1980. DECIDED OCTOBER 21, 1980. QUILLIAN, Presiding Judge. Defendant appeals from the order of the trial judge dismissing his appeal. The original judgment in this case was entered on December 14, 1979, and defendant appealed on January 14, […]

213 S.E.2d 27 JOHNSON v. ROUND TABLE RESTAURANT. 49748.Court of Appeals of Georgia.ARGUED OCTOBER 7, 1974. DECIDED JANUARY 17, 1975. QUILLIAN, Judge. In this case where there was no dispute regarding the amount of rent owed (compare Shepherd v. First Federal Savings c. Assn., 232 Ga. 846 (209 S.E.2d 184)), and where the only relief […]

244 S.E.2d 92 JERNIGAN et al. v. CARMICHAEL et al. 55177.Court of Appeals of Georgia.ARGUED JANUARY 18, 1978. DECIDED APRIL 4, 1978. SHULMAN, Judge. Plaintiffs-appellants brought suit to recover for damages allegedly sustained when the car driven by appellant-wife was struck by a pick-up truck operated by defendant-appellee. The jury returned a verdict in favor […]

441 S.E.2d 811 JACKSON et al. v. STATE OF GEORGIA. A93A1822.Court of Appeals of Georgia. DECIDED MARCH 9, 1994. POPE, Chief Judge. This appeal arises out of a civil forfeiture action brought by the State seeking forfeiture, pursuant to OCGA § 16-13-49, of $10,000 in United States currency and a 1985 Chevrolet Corvette. The claimants/appellants […]

181 S.E.2d 879 BLI CONSTRUCTION COMPANY v. KNOWLES. 45954.Court of Appeals of Georgia.SUBMITTED FEBRUARY 2, 1971. DECIDED MARCH 15, 1971. REHEARING DENIED APRIL 2, 1971. The denial of the defendant’s motion for summary judgment was not error. SUBMITTED FEBRUARY 2, 1971 — DECIDED MARCH 15, 1971 — REHEARING DENIED APRIL 2, 1971 — CERT. APPLIED […]

458 S.E.2d 166 IN THE INTEREST OF C. P., a child. A95A0643.Court of Appeals of Georgia. DECIDED MAY 31, 1995. SMITH, Judge. C. P., a minor, appeals from the denial of her timely motion to set aside the sentence imposed after she was adjudicated delinquent. C. P., who was then 13 years old, was placed […]

545 S.E.2d 49 ATLANTA HOSPITALITY WORKERS, INC. et al. v. CITY OF ATLANTA. A00A2564.Court of Appeals of Georgia. DECIDED: JANUARY 23, 2001 MILLER, Judge. Various owners of restaurants and bars holding liquor licenses from the City of Atlanta refused to pay a liquor excise tax deficiency assessed by the Atlanta City Department of Finance. Instead […]

673 S.E.2d 272 NESBIT et al. v. NESBIT. No. A08A2242.Court of Appeals of Georgia. DECIDED JANUARY 28, 2009. MILLER, Chief Judge. Darrell Nesbit, David Nesbit, Dane Nesbit, Dawn Nesbit-Howard, and Dan Nesbit (the “Nesbit Defendants”) appeal from an order of the trial court denying their request for attorney fees under OCGA § 9-15-14 (a). Finding […]

285 S.E.2d 74 BOSWELL v. BRYANS et al. 62112.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1981. BIRDSONG, Judge. Appellant filed a suit for acreage deficiency in the sale of land. The trial court denied the appellant’s motion for summary judgment by which appellant sought to establish that the sale was a sale by acre, […]

449 S.E.2d 334 IN THE INTEREST OF S. L. B., a child. A94A1513.Court of Appeals of Georgia. DECIDED OCTOBER 6, 1994. McMURRAY, Presiding Judge. Appellant appeals the order of the juvenile court terminating her parental rights in her two-year-old son, S. L. B. Held: “Pursuant to OCGA § 15-11-81 (a) there exists a two-step process […]

568 S.E.2d 770 BENTON v. THE STATE. A02A1602.Court of Appeals of Georgia. DECIDED: JULY 2, 2002 ELDRIDGE, Judge. A Clarke County jury found Leo Benton guilty of stalking his daughter. He appeals, claiming that the evidence was insufficient to support the verdict; that the trial court failed to limit the jury’s consideration of evidence of […]

527 S.E.2d 216 FOX v. THE STATE. A99A1847.Court of Appeals of Georgia. DECIDED: DECEMBER 10, 1999. MILLER, Judge. Stephen Fox pled guilty to two counts of robbery by intimidation and was sentenced by Chatham County Superior Court in February 1998. In April 1999 he moved the court to withdraw his guilty plea and to amend […]

319 S.E.2d 500 WILLIAMS v. CALLOWAY. 67794.Court of Appeals of Georgia. DECIDED JUNE 22, 1984. CARLEY, Judge. Appellee petitioned the probate court, seeking appointment as administrator of his deceased wife’s estate. Appellant, who is the Page 287 mother of the deceased, filed an objection to the appointment. The probate court appointed appellee to be administrator […]

353 S.E.2d 585 LOCKETTE v. THE STATE. 73397.Court of Appeals of Georgia. DECIDED JANUARY 29, 1987. McMURRAY, Presiding Judge. Defendant appeals his conviction of the offense of robbery Held: 1. Defendant contends the trial court erred in instructing the jury on the issue of flight as the evidence did not authorize such an instruction. The […]

94 S.E.2d 31 WILSON et al. v. CHRISTIE, by Next Friend. 36236.Court of Appeals of Georgia. DECIDED JULY 16, 1956. The court erred in overruling the special demurrers to the petition as shown in the opinion. DECIDED JULY 16, 1956. Tort; disregard for child’s safety. Before Judge Guess. DeKalb Superior Court. April 17, 1956. Douglas […]

394 S.E.2d 623 BAXLEY v. MOODY et al. A90A1048.Court of Appeals of Georgia. DECIDED MAY 18, 1990. DEEN, Presiding Judge. Under the will of her late husband, Mattie Lee Baxley was left a life estate in a tract of land in Appling County, a portion of which was condemned by the Georgia Department of Transportation. […]

492 S.E.2d 353 MILLER et al. v. WARNER BROTHERS, INC. et al. A97A2130.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1997. McMURRAY, Presiding Judge. Margo Miller, Individually, and as Administratrix of the Estate of Olin Miller, filed this wrongful death action against Time Warner Entertainment Company, L.P., Warner Home Video, Inc., Warner Brothers, Inc. (“the […]

612 S.E.2d 96 HAMPTON v. THE STATE. A05A0091.Court of Appeals of Georgia. DECIDED MARCH 17, 2005. MIKELL, Judge. After a jury trial, James Hampton, Jr., was convicted of aggravated assault. On appeal, Hampton challenges the sufficiency of the evidence and argues that the trial court erred when it admitted his prior conviction for aggravated assault […]

477 S.E.2d 621 KNAPP v. THE STATE MOTION DOCKET 237.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1996. ORDER OF COURT. In his emergency motion, Knapp claims error in the trial court’s failure, after a sentence of imprisonment had been imposed, to make a fresh determination of appellant’s custody pending a final decision on appeal […]

513 S.E.2d 39 MILES v. THE STATE A99A0144.Court of Appeals of Georgia. DECIDED: FEBRUARY 23, 1999 — CERT. APPLIED FOR. Judge Harold R. Banke. Gregory J. Miles was convicted of driving under the influence (“DUI”).[1] He enumerates two errors, both asserting that the admission of evidence of his post-arrest silence when asked to submit to […]

479 S.E.2d 7 McMILLIAN ET AL. v. ROGERS ET AL. A96A1153.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1996. RUFFIN, Judge. In November 1991, Laburn McMillian was injured in a fire while working at Hooten Rogers Auto Body Paint Shop, Inc. According to Mr. McMillian, the fire began when he tried to light a coal-burning […]

213 S.E.2d 15 WILEY v. THE STATE. 49154.Court of Appeals of Georgia. DECIDED JANUARY 16, 1975. QUILLIAN, Judge. The Supreme Court on certiorari (State v. Wiley, 233 Ga. 316) having reversed the judgment of this court in Wiley v. State, 131 Ga. App. 511 (206 S.E.2d 140), the judgment is vacated and set aside. In […]

658 S.E.2d 168 GOSS v. THE STATE. No. A07A1597.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 2008. RECONSIDERATION DENIED FEBRUARY 25, 2008. BERNES, Judge. Following a jury trial, Terrell Goss was convicted on two counts of aggravated assault and two counts of aggravated battery. The trial court merged the two counts of aggravated assault and […]

655 S.E.2d 228 CHANCEY et al. v. PEACHTREE PEST CONTROL COMPANY, INC. No. A07A0941.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 2007. RECONSIDERATION DENIED DECEMBER 5, 2007. RUFFIN, Judge. Elizabeth Chancey sued Peach tree Pest Control Company, Inc. to recover for personal injuries she allegedly sustained as a result of Page 768 exposure to a […]

576 S.E.2d 663 HUBBARD v. THE STATE. A02A1818.Court of Appeals of Georgia. Decided January 23, 2003 BARNES, Judge. Enoch Hubbard, acting pro se, appeals his conviction for burglary. He enumerates several errors made by the trial court, contending that (1) the evidence was insufficient; (2) the court erred in denying his motion in limine regarding […]

293 S.E.2d 550 HART v. ELDRIDGE. 64178.Court of Appeals of Georgia. DECIDED JULY 16, 1982. REHEARING DENIED JULY 29, 1982. BIRDSONG, Judge. Medical Malpractice — Statute of Limitations. This case appeared before this court in the April Term of 1981 upon a grant of summary judgment to the appellee in that case (and this), Dr. […]

378 S.E.2d 898 IN THE INTEREST OF M. O. B. 77620.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1989. REHEARING DENIED FEBRUARY 27, 1989. CARLEY, Chief Judge. Prior to a hearing to determine appellant’s delinquency, a motion to dismiss the juvenile court proceedings was filed. Appellant brings this direct appeal from the juvenile court’s denial […]

217 S.E.2d 628 GORDON v. GILLESPIE. 50422.Court of Appeals of Georgia.SUBMITTED MARCH 11, 1975. DECIDED JUNE 20, 1975. REHEARING DENIED JULY 9, 1975. PANNELL, Presiding Judge. This case is in this court on appeal from the denial of the original plaintiff’s motion to add additional parties plaintiff to the complaint. Charlie Gordon, Jr., brought a […]

187 S.E.2d 333 OLD REPUBLIC LIFE INSURANCE COMPANY v. BANKS. 46643.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1971. DECIDED JANUARY 6, 1972. HALL, Presiding Judge. In an action to collect benefits under a policy, defendant insurance company appeals from the judgment and from the denial of its motion for new trial. The verdict and judgment […]

681 S.E.2d 182 LIFE CARE CENTERS OF AMERICA v. SMITH (two cases). Nos. A09A0548, A09A0549.Court of Appeals of Georgia. DECIDED JUNE 18, 2009. RECONSIDERATION DENIED JULY 7, 2009. ANDREWS, Presiding Judge. We granted Life Care Centers of America d/b/a Life Care Center of Gwinnett’s (Life Care) application for interlocutory review of the trial court’s order […]

627 S.E.2d 73 BOWMAN et al. v. CENTURY FUNDING, LTD. et al. A05A2080.Court of Appeals of Georgia. DECIDED JANUARY 26, 2006. RECONSIDERATION DENIED FEBRUARY 9, 2006. MILLER, Judge. Willie Bowman and his three sons (the plaintiffs) sued Alton Dubose, Century Funding, Ltd. (Century Funding), and The Community Bank (the Bank) for ejectment and fraud in […]

246 S.E.2d 505 KENDRICK v. THE STATE. 55781.Court of Appeals of Georgia.SUBMITTED MAY 1, 1978. DECIDED JULY 3, 1978. BANKE, Judge. The defendant, Forrest Kendrick, was convicted of armed robbery. He appeals the denial of his motion for new trial Held: 1. The defendant enumerates as error the overruling of his motion for a directed […]

636 S.E.2d 712 FAIR v. THE STATE. No. A06A1332.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 2006. MILLER, Judge. In April 1990, Kevin Leroy Fair was convicted of armed robbery and theft by receiving stolen property. The trial court sentenced Fair to serve 15 years for the armed robbery conviction and sentenced him to a […]

441 S.E.2d 83 HASTINGS v. THE STATE. A93A2262.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1994. SMITH, Judge. David Mark Hastings pled guilty to a charge of being a habitual violator, OCGA § 40-5-58, and properly reserved the right to appeal the denial of his motion to suppress. See Mims v. State, 201 Ga. App. […]

441 S.E.2d 905 DARBY et al. v. MATHIS et al. A93A2590.Court of Appeals of Georgia. DECIDED MARCH 15, 1994. SMITH, Judge. Billy Darby was injured when he was struck by a vehicle operated by Mark Mathis. He and his wife brought an action against Mathis and served Southern Guaranty Insurance Company, as their uninsured motorist […]

307 S.E.2d 763 CONCERT PROMOTIONS, INC. v. HAAS DODD, INC. 66722.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1983. McMURRAY, Presiding Judge. Haas and Dodd, Inc., an insurance agency, brought this suit on account against Concert Promotions, Inc. Defendant timely answered with a general denial of every allegation in the complaint and asserted certain affirmative […]

152 S.E.2d 579 MARTELL v. ATLANTA BILTMORE HOTEL CORPORATION. 42227.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1966. DECIDED SEPTEMBER 26, 1966. ADHERED TO ON REHEARING NOVEMBER 21, 1966. The plaintiff-employee was not estopped to bring an action based on the valid and legal provisions of his bilateral employment contract by any of the severable provisions […]

344 S.E.2d 528 HARRIS v. THE STATE. 72147.Court of Appeals of Georgia. DECIDED APRIL 11, 1986. BIRDSONG, Presiding Judge. The defendant, William E. Harris, appeals his conviction for the offenses of burglary and rape. Held: 1. Error is enumerated in the rulings of the trial court, refusing to strike for cause two jurors. Counsel argues […]

245 S.E.2d 467 FARMER v. THE STATE. 55639.Court of Appeals of Georgia.SUBMITTED APRIL 10, 1978. DECIDED MAY 12, 1978. REHEARING DENIED MAY 31, 1978. PER CURIAM. Defendant was convicted of violating Code § 26-2101 (c) by distributing obscene materials. Held: All of defendant’s enumerations of error raise identical issues which have been previously considered and […]

539 S.E.2d 543 ROACH v. C.L. WIGINGTON ENT., INC. A00A1558.Court of Appeals of Georgia. DECIDED: SEPTEMBER 18, 2000. BARNES, Judge. Douglas Roach appeals the trial court’s grant of summary judgment to C.L. Wigington Enterprises, Inc., d/b/a/ General Supply Company (“GSC”) on its suit against Roach on a personal guaranty. Finding no error, we affirm. First […]

258 S.E.2d 659 WILLIAMS v. THE STATE. 57044.Court of Appeals of Georgia.SUBMITTED JANUARY 15, 1979. DECIDED JULY 10, 1979. REHEARING DENIED JULY 24, 1979. BIRDSONG, Judge. Eddie J. Williams was convicted of five counts of robbery by intimidation and one count of an attempt to do the same and sentenced to serve 20 years. He […]

386 S.E.2d 523 WILEY v. THE STATE. A89A1365.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1989. REHEARING DENIED SEPTEMBER 18, 1989. SOGNIER, Judge. Terry Wiley was indicted on charges of burglary and rape. He was convicted of burglary and attempted rape and appeals. 1. Appellant contends the trial court erred by admitting a tape recorded […]

302 S.E.2d 374 BAILEY v. INTERSTATE LIFE ACCIDENT INSURANCE COMPANY. 64676.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1983. REHEARING DENIED MARCH 4, 1983. McMURRAY, Presiding Judge. This is a continuation of Bailey v. Interstate Life c. Ins. Co., 155 Ga. App. 65, 66 (270 S.E.2d 287), in which this court reversed the granting of […]

621 S.E.2d 590 NUCKOLLS v. ATLANTA MARINE, INC. A05A0835.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 2005. MILLER, Judge. Philip Nuckolls sued Atlanta Marine, Inc. and Craig Wagner for fraud, theft by deception, and money had and received in connection Page 636 with the purchase of a boat. The trial court granted Atlanta Marine’s motion […]

236 S.E.2d 171 In the Interest of: C. A. G. 53870.Court of Appeals of Georgia.SUBMITTED MAY 4, 1977. DECIDED MAY 31, 1977. MARSHALL, Judge. That portion of the juvenile court’s order (following the finding that the juvenile is a delinquent child and the order committing him to the Georgia Department of Human Resources, “Division of […]

371 S.E.2d 432 THE STATE v. EVANS. THE STATE v. MITCHELL. 76097, 76098.Court of Appeals of Georgia. DECIDED JUNE 23, 1988. POPE, Judge. Defendants were charged in separate multi-count accusations with various misdemeanor offenses in the State Court of Coffee County. State Court Judge T. V. Williams, Jr. voluntarily recused himself from trying the charges […]

678 S.E.2d 125 ROGERS v. THE STATE. No. A09A0425.Court of Appeals of Georgia. DECIDED APRIL 30, 2009. BERNES, Judge. Carl Ray Rogers appeals the trial court’s order requiring him to register as a sexual offender pursuant to OCGA § 42-1-12 (e) (1). For the reasons discussed below, we affirm. The record reflects that on April […]

710 S.E.2d 652 HUDSON v. HUDSON. A11A0504.Court of Appeals of Georgia. DECIDED APRIL 28, 2011. MIKELL, Judge. Wilbur Hudson appeals from the trial court’s order dismissing his complaint against his former wife, Mary Hudson. Because the trial court improperly dismissed the complaint, we reverse. The Hudsons divorced in June 2003 and that judgment provided that […]

531 S.E.2d 360 TAYLOR v. THOMPKINS. A00A0637.Court of Appeals of Georgia. DECIDED MARCH 15, 2000. ANDREWS, Presiding Judge. Thomas Taylor appeals from the trial court’s grant of summary judgment to W. L. Thompkins on Taylor’s claim for damages after his car hit a cow. Because Taylor has not raised any issue of fact to be […]

472 S.E.2d 489 QUEEN CARPET, INC. v. MOYNIHAN. A96A0746.Court of Appeals of Georgia. DECIDED JUNE 5, 1996 — RECONSIDERATION DENIED JUNE 21, 1996 — CERT. APPLIED FOR. BEASLEY, Chief Judge. On November 9, 1993, Moynihan filed a claim for workers’ compensation disability benefits as a result of an accident alleged to have occurred on March […]

506 S.E.2d 157 HOLMES v. STATE OF GEORGIA A98A1385.Court of Appeals of Georgia. DECIDED AUGUST 13, 1998. RUFFIN, Judge. Sonya Holmes appeals from the order of the superior court which forfeited $2,275 cash to the State under the authority of OCGA § 16-13-49. We affirm. Holmes contends in her sole enumeration of error that “[t]he […]

293 S.E.2d 383 THOMAS et al. v. RONALD A. EDWARDS CONSTRUCTION COMPANY, INC. et al. 63586.Court of Appeals of Georgia. DECIDED JULY 7, 1982. REHEARING DENIED JULY 23, 1982. POPE, Judge. Appellants Bruce W. Thomas, Jr. and his wife Jettielene brought this action against appellees, Ronald A. Edwards and the construction company bearing his name, […]

553 S.E.2d 173 HOPKINS v. THE STATE A01A1346.Court of Appeals of Georgia. DECIDED: JULY 27, 2001 ELLINGTON, Judge. A Seminole County jury convicted Christopher D. Hopkins of aggravated assault, O.C.G.A. § 16-5-21 (a). Following the removal of Hopkins’ trial counsel, the trial court granted Hopkins’ motion for an out of time appeal. Hopkins appeals, challenging […]

464 S.E.2d 216 WRIGHT v. THE STATE. A95A1732.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1995 — RECONSIDERATION DENIED NOVEMBER 20, 1995 — CERT. APPLIED FOR. POPE, Presiding Judge. Defendant was convicted in Warren County of armed robbery, aggravated battery, and possession of a firearm during the commission of a crime. On appeal, he argues […]

391 S.E.2d 452 SOUTHERN GUARANTY INSURANCE COMPANY v. COOK et al. A89A1764.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1990. COOPER, Judge. This appeal follows our grant of appellant’s application for interlocutory review of the trial court’s denial of appellant’s motion for partial summary judgment. On November 11, 1988, appellee Cook filed suit against appellee […]

18 S.E.2d 503 WEEKS v. THE STATE. 29213.Court of Appeals of Georgia. DECIDED JANUARY 22, 1942. The evidence supported the verdict, and none of the grounds of the motion for new trial discloses reversible error. DECIDED JANUARY 22, 1942. Page 554 Larceny of automobile; from Fulton superior court — Judge Hendrix. June 14, 1941. Wilbur […]

165 S.E.2d 907 THOMAS MILLING COMPANY v. BRANCH. 43674.Court of Appeals of Georgia.ARGUED JUNE 3, 1968. DECIDED DECEMBER 12, 1968. REHEARING DENIED DECEMBER 20, 1968. 1. The trial court abused its discretion in denying a motion for mistrial predicated upon remarks of plaintiff’s counsel in his opening statement to the jury to the effect that […]

638 S.E.2d 347 EDWARDS v. THE STATE. No. A06A2491.Court of Appeals of Georgia. DECIDED OCTOBER 18, 2006. RECONSIDERATION DENIED NOVEMBER 6, 2006. SMITH, Presiding Judge. Jemmie Nell Woody Edwards appeals from her conviction for trafficking in methamphetamine, arguing that the trial court erred in denying her petition to file an out of time motion to […]

648 S.E.2d 396 WHITAKER v. THE STATE. No. A07A0327.Court of Appeals of Georgia. DECIDED MAY 23, 2007. RECONSIDERATION DENIED JUNE 26, 2007. ANDREWS, Presiding Judge. Richard Alexander Whitaker appeals from the trial court’s denial of his motion for new trial following his conviction by bench trial. He challenges the sufficiency of the evidence of his […]

191 S.E.2d 621 BLACKMON v. J. D. JEWELL, INC. 47140.Court of Appeals of Georgia.ARGUED MAY 3, 1972. DECIDED JUNE 16, 1972. REHEARING DENIED JULY 14, 1972. HALL, Presiding Judge. The Commissioner appeals from the judgment for the taxpayer setting aside a sales tax assessment. The taxpayer is engaged in the business of producing poultry in […]

179 S.E.2d 307 TATE v. THE STATE. 45751.Court of Appeals of Georgia.SUBMITTED NOVEMBER 2, 1970. DECIDED NOVEMBER 25, 1970. JORDAN, Presiding Judge. It is undisputed that the defendant, James Tate, shot and killed his common law wife, Mary Lee Rowe, in their home on January 31, 1970. Indicted and tried Page 19 for murder, he […]

450 S.E.2d 427 KEMIRA, INC. v. WILLIAMS INVESTIGATIVE SECURITY SERVICES, INC. et al.; and vice versa. A94A1193, A94A1194.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1994. RECONSIDERATION DENIED NOVEMBER 14, 1994. McMURRAY, Presiding Judge. Plaintiff Williams Investigative Security Services, Inc. (“Williams Investigative”) and its president, plaintiff Tim Williams, brought this contract action against defendant Kemira, […]

499 S.E.2d 98 DOMAN v. BANDERAS. A97A2377.Court of Appeals of Georgia. DECIDED MARCH 16, 1998 — CERT. APPLIED FOR. BLACKBURN, Judge. Alexander Doman, M.D., appeals the trial court’s order granting defendant, Julio C. Banderas, M.D., motion for summary judgment.[1] Doman brought the underlying action against Banderas alleging that Banderas published four false, defamatory letters which […]

296 S.E.2d 787 BENNETT v. THE STATE. 64547.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1982. CARLEY, Judge. Appellant appeals from an order revoking his probation. Appellant originally pled guilty to a series of offenses. He received four consecutive sentences totaling thirteen years, five years of which were to be served in confinement concurrently with […]

411 S.E.2d 901 MILES RICH CHRYSLER-PLYMOUTH, INC. et al. v. MASS. A91A1066.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1991. SOGNIER, Chief Judge. Maripat Mass. brought suit against Miles Rich Chrysler-Plymouth, Inc. (MRCP) and Miles Rich alleging common law fraud, breach of contract, promissory estoppel, and intentional violation of the Georgia Fair Business Practices Act […]

191 S.E.2d 290 BIG BUILDER, INC. v. EVANS et al. 46967.Court of Appeals of Georgia.SUBMITTED MARCH 6, 1972. DECIDED JUNE 14, 1972. BELL, Chief Judge. Plaintiff, as payee, brought separate suits against four defendants as makers on promissory notes. Each defendant admitted execution of the notes, denied any indebtedness and pleaded failure of consideration and […]

80 S.E.2d 856 COOPER v. THE STATE. 35027.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1954. GARDNER, P. J. This case embraces proceedings and a judgment revoking a probation sentence of the defendant. He entered a plea of guilty of illegally possessing non-tax-paid whisky in Whitfield County on September 29, 1953, was fined, and given […]

331 S.E.2d 82 WALKER v. MITCHELL. 70321.Court of Appeals of Georgia. DECIDED MAY 8, 1985. BANKE, Chief Judge. This appeal follows a verdict and judgment in favor of the defendant in a personal injury action arising from an automobile collision. Held: 1. The trial court did not err in excluding certain evidence offered by the […]

582 S.E.2d 228 HUNTER v. THE STATE. A03A0005.Court of Appeals of Georgia. DECIDED: MAY 15, 2003 BARNES, Judge. John Frederick Hunter appeals his conviction for armed robbery. He contends the trial court erred by failing to charge on the lesser included offenses of robbery and theft by taking, by failing to hold the hearing required […]

430 S.E.2d 365 LANGSTON v. THE STATE. A93A0135.Court of Appeals of Georgia. DECIDED MARCH 9, 1993. RECONSIDERATION DENIED MARCH 24, 1993. BEASLEY, Judge. Langston was convicted of possession of cocaine with intent to distribute, OCGA § 16-13-30 (b), and his motion for new trial was denied. He contends that the evidence at trial was circumstantial, […]

27 S.E.2d 883 GREAT AMERICAN INDEMNITY COMPANY v. TREADWELL. 30282.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1943. 1. The assignments of error contained in grounds six and seven of the motion for a new trial are controlled by rulings made in Great American Indemnity Co. v. Oxford, 70 Ga. App. 208. 2. An assignment […]

680 S.E.2d 141 AGNEW v. THE STATE. No. A09A0248.Court of Appeals of Georgia. DECIDED JUNE 10, 2009. SMITH, Presiding Judge. Homer Agnew appeals from his conviction for possession of marijuana with intent to distribute. Agnew asserts the trial court erred by: (1) denying his motion to suppress and (2) admitting testimony about prior bad acts. […]

114 S.E.2d 455 DeWINNE v. WALDREP. 38258.Court of Appeals of Georgia. DECIDED APRIL 18, 1960. REHEARING DENIED MAY 2, 1960. One who knowingly and voluntarily takes a risk of injury to his person, the danger of which is so obvious that the act of taking such risk, in and of itself, amounts to a failure […]

239 S.E.2d 187 MORRIS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. 54164.Court of Appeals of Georgia.ARGUED JUNE 27, 1977. DECIDED OCTOBER 3, 1977. REHEARING DENIED OCTOBER 21, 1977. SMITH, Judge. Following an accident involving the appellant Morris, State Farm, Morris’ insurer, brought this action seeking a declaratory order of nonliability under the policy. The trial […]

92 S.E.2d 215 WORLD INSURANCE CO. v. PUCKETT. 36045.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1956. REHEARING DENIED MARCH 5, 1956. The trial judge did not err in denying the motion for a new trial. DECIDED FEBRUARY 16, 1956 — REHEARING DENIED MARCH 5, 1956. Action on insurance policy. Before Judge Waldroup. Douglas City […]

13 S.E.2d 112 GILLIGAN v. THE STATE. 28683.Court of Appeals of Georgia. DECIDED JANUARY 30, 1941. Denial of a new trial after conviction of cheating and swindling was error. DECIDED JANUARY 30, 1941. Cheating and swindling; from Ludowici city court — Judge Price. July 13, 1940. Reese, Scarlett, Bennet Gilbert, H. M. Hodges, for plaintiff […]

414 S.E.2d 248 TURNER et al. v. W. E. PRUETT COMPANY, INC. et al. A91A0901.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1991. RECONSIDERATION DENIED DECEMBER 19, 1991. CARLEY, Presiding Judge. Appellant-plaintiff’s wife was killed in a vehicular collision. In his individual capacity and in his capacity as his wife’s administrator, appellant filed suit against […]

453 S.E.2d 143 KABIRI v. ARONOV et al. A94A2040.Court of Appeals of Georgia. DECIDED JANUARY 24, 1995. RUFFIN, Judge. This is a direct appeal of the trial court’s April 20, 1994 nunc pro tunc order correcting a scrivener’s error in its January 31, 1994 order denying Kabiri’s motion to set aside a default judgment. This […]

171 S.E.2d 768 ASHBURN BANK v. CHILDRESS. CITIZENS BANK OF ASHBURN v. CHILDRESS. 44561, 44562.Court of Appeals of Georgia.ARGUED JULY 9, 1969. DECIDED NOVEMBER 12, 1969. JORDAN, Presiding Judge. The Ashburn Bank and the Citizens Bank of Ashburn commenced substantially identical actions in Terrell Superior Court, each to recover on virtually identical unconditional promissory demand […]

16 S.E.2d 447 THOMAS v. THE STATE. 28972.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1941. 1. There are no accessories in misdemeanors. 2. Denial of new trial after conviction of unlawfully selling intoxicating liquors was not error. DECIDED SEPTEMBER 8, 1941. Certiorari; from Fulton superior court — Judge Hendrix. January 15, 1941. Frank A. […]

27 S.E.2d 44 NOTTINGHAM v. WEST. 30077.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1943. 1. There was a jury issue as to what the value of the property sued for in trover was at the time of the conversion. 2. There was a jury issue whether one through whom the defendant in this trover […]

216 S.E.2d 358 TALLEY-CORBETT BOX COMPANY v. ROYALS. 50611.Court of Appeals of Georgia.ARGUED APRIL 29, 1975. DECIDED MAY 9, 1975. DEEN, Presiding Judge. Royals sued the appellant corporation for wrongfully withholding funds belonging to him, alleging $15 actual damages, $5,000 punitive, and $2,500 attorney fees, a total of $7,515. The jury returned a verdict of […]

512 S.E.2d 66 THE STATE v. GALLUP. A98A2005.Court of Appeals of Georgia. DECIDED: FEBRUARY 9, 1999. McMURRAY, Presiding Judge. Defendant was charged with possession of marijuana with intent to distribute, after police seized three large plastic bags containing approximately thirty pounds of marijuana from a refrigerator discovered in a self-storage bin rented by defendant. Defendant […]

158 S.E.2d 476 ST. PAUL FIRE MARINE INSURANCE COMPANY v. FLEET TRANSPORT COMPANY, INC. et al. 43075.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1967. DECIDED OCTOBER 6, 1967. REHEARING DENIED NOVEMBER 1, 1967. 1. Under the circumstances of this case the various insurance policies which were not attached in their entirety to the petition for […]