Category: Georgia Court of Appeals Opinions

128 S.E.2d 376 CLEMENTS v. THE STATE. 39732.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1962. Venue may be proved by circumstantial evidence, and when there is nothing in the record to raise an inference to the contrary, slight circumstances may be sufficient to prove such element of the offense. DECIDED OCTOBER 8, 1962. Abandonment […]

408 S.E.2d 794 GRIER et al. v. CITY OF ATLANTA et al. A91A0061.Court of Appeals of Georgia. DECIDED MAY 31, 1991. RECONSIDERATION DENIED JULY 23, 1991. COOPER, Judge. This appeal arises from an action for personal injuries brought by appellant Brendianne Grier, on behalf of her minor son Derrick Grier, against the City of Atlanta […]

568 S.E.2d 799 FULTON COUNTY BOARD OF TAX ASSESSORS v. VISITING NURSE HEALTH SYSTEM OF METROPOLITAN ATLANTA, INC. A02A0215.Court of Appeals of Georgia. DECIDED: JULY 11, 2002 BARNES, Judge. The Fulton County Board of Tax Assessors (“Board”) appeals the judgment entered on a jury verdict which found the Visiting Nurse Health System of Metropolitan Atlanta, […]

157 S.E.2d 48 ROGERS et al. v. JOHNSON. 42955.Court of Appeals of Georgia.ARGUED JUNE 30, 1967. DECIDED SEPTEMBER 7, 1967. JORDAN, Presiding Judge. E. F. Johnson commenced this action in Jones Superior Court against W. H. Rogers and Mrs. Dell S. Rogers, seeking a general judgment for the alleged unpaid balance due for labor and […]

208 S.E.2d 178 DOBBS v. THE STATE. 49485.Court of Appeals of Georgia.SUBMITTED JULY 8, 1974. DECIDED JULY 11, 1974. WEBB, Judge. 1. Where all the evidence in a prosecution for aggravated assault, including the testimony of defendant, shows that the first shot, which hit no one, may have “gone off” when one of the shooting […]

297 S.E.2d 512 KMM INDUSTRIES, INC. v. PROFESSIONAL PLACEMENT ASSOCIATION, INC. 64988.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1982. BANKE, Judge. The appellant sued to domesticate a default judgment rendered against the appellee by the Circuit Court of Macomb County, Michigan, and the appellee answered contending that the Michigan judgment was void for lack […]

654 S.E.2d 150 ENGLISH v. THE STATE. No. A07A1351.Court of Appeals of Georgia. DECIDED OCTOBER 25, 2007. RECONSIDERATION DENIED NOVEMBER 16, 2007. JOHNSON, Presiding Judge. A jury found Arthur English IV guilty of three counts of theft by receiving in connection with property he received from his brother. He appeals from the convictions. On appeal […]

580 S.E.2d 689 SMITH et al. v. JACKSON ELECTRIC MEMBERSHIP CORPORATION et al. A01A2324.Court of Appeals of Georgia. DECIDED: APRIL 8, 2003 PHIPPS, Judge. In Smith v. Jackson Elec. Membership Corp.,[1] we reversed the trial court’s grant of summary judgment to Jackson Electric Membership Corporation and the Utilities Protection Center, Inc., in this wrongful death […]

416 S.E.2d 842 KING v. THE STATE. A91A1625.Court of Appeals of Georgia. DECIDED MARCH 10, 1992. COOPER, Judge. Appellant was tried by a jury and convicted of trafficking in cocaine, a violation of the Georgia Controlled Substances Act. His motion for new trial was denied, and this appeal follows. The evidence adduced at trial reflects […]

444 S.E.2d 842 BRADLEY v. THE STATE. A94A0025.Court of Appeals of Georgia. DECIDED MAY 25, 1994. RECONSIDERATION DENIED JUNE 8, 1994. COOPER, Judge. Defendant entered a plea of nolo contendere to the charge of possession of marijuana, expressly reserving the right to appeal the denial of his motion to suppress. Based on information supplied by […]

462 S.E.2d 630 MILLER v. THE STATE. A95A2287.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1995. RECONSIDERATION DENIED SEPTEMBER 29, 1995. CERT. APPLIED FOR. BLACKBURN, Judge. Gary R. Miller appeals his conviction of felony obstruction of an officer, driving under the influence as a less safe driver, driving a vehicle without a driver’s license in […]

309 S.E.2d 913 ADAMSON COMPANY, INC. v. OWENS-ILLINOIS DEVELOPMENT CORPORATION. 66908.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1983. McMURRAY, Presiding Judge. This appeal involves the intervenor in a suit for damages based on breach of contract in which judgment was awarded to the original plaintiff against the defendant. On or about January 25, 1982, […]

692 S.E.2d 682 DANIEL v. THE STATE. No. A09A2245.Court of Appeals of Georgia. March 18, 2010. DOYLE, Judge. A Cobb County jury convicted Jonathan Daniel of possession of cocaine, [1] attempting to remove a firearm from a police officer, [2] and obstruction of an officer.[3] Daniel appeals, arguing that (1) the trial court erred by […]

30 S.E.2d 436 LAMB v. FEDDERWITZ et al. 30483.Court of Appeals of Georgia. DECIDED MAY 12, 1944. REHEARING DENIED JUNE 7, 1944. Under the facts and the law applicable thereto, the court erred in granting a nonsuit. DECIDED MAY 12, 1944. REHEARING DENIED JUNE 7, 1944. Libel; from Chatham superior court — Judge Rourke, June […]

56 S.E.2d 486 BRACKETT v. FULTON NATIONAL BANK. 32726.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1949. 1. (a) An action for money had and received is founded upon the equitable principle that no one ought to unjustly enrich himself at the expense of another, and may be maintained in all cases where one has […]

411 S.E.2d 65 GREGG v. THE STATE. A91A1086.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1991. RECONSIDERATION DENIED SEPTEMBER 19, 1991. BIRDSONG, Presiding Judge. Thomas Mark Gregg appeals his judgment of conviction of two counts of child molestation and his sentence. Appellant has filed four enumerations of error relating to the alleged erroneous admissions of […]

116 S.E.2d 254 SOUTHERN OPTICAL SERVICE, INC. v. CHOMINSKI. 38347.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1960. FRANKUM, Judge. A creditor brought an action on an open account against a debtor. The latter had allegedly sold and transferred property in violation of the Bulk Sales Act. The Page 331 plaintiff instituted a garnishment proceeding […]

123 S.E.2d 731 THE JORDAN COMPANY et al. v. ADKINS. 39034.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1961. REHEARING DENIED DECEMBER 18, 1961. CARLISLE, Presiding Judge. 1. One of the conditions precedent to the foreclosure of the liens specified in Code Ann. § 67-2001 is that suit must be brought by the laborer or […]

513 S.E.2d 227 LEON v. THE STATE. A99A0520.Court of Appeals of Georgia. DECIDED: FEBRUARY 24, 1999 ELDRIDGE, Judge. Defendant Everado Leon challenges his May 1997 convictions for child molestation, enticing a child for indecent purposes, and simple battery. We affirm. The facts of this case, viewed in favor of the verdict,[1] are as follows: On […]

425 S.E.2d 424 McDANIEL et al. v. PETERBOROUGH CABLEVISION, LTD. A92A1625.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1992. ANDREWS, Judge. Appellants sued Peterborough Cablevision, Ltd. (PC) and others to recover damages for the death of Granger Rodgers, who was killed when his automobile collided with a car driven by David Gosling. Appellants alleged that, […]

658 S.E.2d 637 LA QUINTA INNS, INC. et al. v. LEECH et al.; and vice versa. Nos. A07A2432, A07A2433.Court of Appeals of Georgia. DECIDED JANUARY 25, 2008. RECONSIDERATION DENIED FEBRUARY 26, 2008. RECONSIDERATION DISMISSED FEBRUARY 29, 2008. ELLINGTON, Judge. On May 21, 2004, John Leech jumped or fell to his death from the window of […]

270 S.E.2d 867 KENNEDY et al. v. GWINNETT COMMERCIAL BANK. 59279.Court of Appeals of Georgia.ARGUED JANUARY 9, 1980. DECIDED JULY 15, 1980. CARLEY, Judge. This action arose out of the exercise of a power of sale contained in the first of a series of deeds to secure debt covering the same parcel of land. In […]

150 S.E.2d 371 CRAFTON v. LIVINGSTON. 42059.Court of Appeals of Georgia.ARGUED JUNE 8, 1966. DECIDED JULY 12, 1966. REHEARING DENIED JULY 22, 1966. HALL, Judge. The defendant in this negligence action appeals from a judgment for the plaintiff and enumerates as error orders overruling his demurrers to the plaintiff’s petition and overruling his motion for […]

393 S.E.2d 267 MALAK v. FIRST NATIONAL BANK OF ATLANTA. A89A1989.Court of Appeals of Georgia. DECIDED MARCH 12, 1990. REHEARING DENIED MARCH 27, 1990. BEASLEY, Judge. Plaintiff Malak appeals from the grant of defendant First National’s motion for partial summary judgment on counts alleging that First National wrongfully dishonored depositor Malak’s check. The check was […]

373 S.E.2d 95 YAMAHA OF ATLANTA, INC. v. YAMAHA MOTOR CORPORATION U.S. A. et al. 76703.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1988. POPE, Judge. Appellant (hereinafter “dealer”) was a retail dealer of Yamaha motorcycle products and services. It operated under separate but identical written agreements with both appellees (hereinafter “suppliers”) which, in exchange […]

191 S.E.2d 117 McTEETER et al. v. AMERICAN SECURITY INSURANCE COMPANY. 47243.Court of Appeals of Georgia.ARGUED MAY 22, 1972. DECIDED JUNE 15, 1972. STOLZ, Judge. This case arose from an automobile collision at the intersection of Piedmont Avenue and Monroe Drive in the City of Atlanta, between an automobile driven by the plaintiff’s insured, Carlton […]

472 S.E.2d 515 RUDO ET AL. v. STUBBS. A96A0211.Court of Appeals of Georgia. DECIDED JUNE 14, 1996. POPE, Presiding Judge. We accepted this interlocutory appeal to determine whether the trial court erred in denying the motions to dismiss of nonresident defendants/appellants J. M. Rudo and Michael O’Higgins d/b/a Gobrecht Numismatics. Concluding that the in-state acts […]

379 S.E.2d 559 MURRAY COUNTY BOARD OF EDUCATION et al. v. WILBANKS. 77125.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1989. REHEARING DENIED MARCH 7, 1989. SOGNIER, Judge. The Superior Court of Murray County reversed an award issued Page 612 by the State Board of Workers’ Compensation (the Board) in favor of the Murray County […]

441 S.E.2d 286 MEDLOCK v. PLEATMAN. A93A2414.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1994. ANDREWS, Judge. Medlock appeals the trial court’s grant of summary judgment to defendant Pleatman on Medlock’s suit for a deficiency after foreclosure on certain real estate. In June 1982, Medlock sold Pleatman an apartment complex. As part of the purchase […]

196 S.E.2d 695 FIDELITY CASUALTY COMPANY et al. v. FUNDERBURK. 47871.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1973. DECIDED MARCH 5, 1973. EVANS, Judge. This is a workmen’s compensation case in which a request for a change of condition hearing was filed with the Board of Workmen’s Compensation. As a result of this request the […]

226 S.E.2d 809 STEPHENS v. PARRINO WARE. 52007.Court of Appeals of Georgia.SUBMITTED APRIL 7, 1976. DECIDED MAY 13, 1976. McMURRAY, Judge. This case involves an employment contract for professional services between two dentists. The employer was P. A. Parrino, D.D.S., P. C., and the employee was Dr. Larry H. Stephens. The contract provided a salary […]

197 S.E.2d 925 WATTS v. KUNDTZ. 48083.Court of Appeals of Georgia.ARGUED APRIL 3, 1973. DECIDED APRIL 13, 1973. DEEN, Judge. Louvenia Kundtz filed an action in the Superior Court of DeKalb County against Earl L. Watts and Candler Manor, Inc. based on an alleged breach of a contract whereby the plaintiff had agreed to make […]

254 S.E.2d 460 FONG v. THE STATE. 57323.Court of Appeals of Georgia.ARGUED MARCH 5, 1979. DECIDED MARCH 8, 1979. REHEARING DENIED MARCH 22, 1979. WEBB, Presiding Judge. On a nolo contendere plea to an indictment for the offense of theft by taking, Fong was placed on probation for a period of three years. An agreed […]

136 S.E.2d 193 HOME INDEMNITY COMPANY v. BATTEY MACHINERY COMPANY. 40488.Court of Appeals of Georgia. DECIDED MARCH 11, 1964. The general and special demurrers to the petition seeking recovery on a contractor’s payment bond were properly overruled. DECIDED MARCH 11, 1964. Action on bond. Gordon Superior Court. Before Judge Davis. Parker, Clary Kent, Jack Kent, […]

81 S.E.2d 534 STROTHER et al. v. MYERS. 34995.Court of Appeals of Georgia. DECIDED MARCH 17, 1954. REHEARING DENIED MARCH 31, 1954. Since there was no competent evidence from which a dividing line between the adjacent landowners could be determined, a finding that the defendants (vendees of timber) cut timber belonging to the plaintiff was […]

208 S.E.2d 376 McDONALD v. THE STATE. 49415.Court of Appeals of Georgia.ARGUED MAY 30, 1974. DECIDED JULY 16, 1974. REHEARING DENIED JULY 26, 1974. PANNELL, Presiding Judge. James Richard McDonald was indicted, tried and convicted of the offense of making an aggravated assault upon the person of Andrew J. Brooks with a rifle. He was […]

21 S.E.2d 268 BROWN v. THE STATE. 29477.Court of Appeals of Georgia. DECIDED JULY 8, 1942. 1. The indictment was not subject to the general demurrer; and the error, if error, in overruling ground 2 of the special demurrer, was not harmful to the accused. 2. The verdict was authorized by the evidence, and none […]

164 S.E.2d 732 FRIED v. MORRIS ECKLES COMPANY. 43932.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 10, 1968. DECIDED NOVEMBER 1, 1968. JORDAN, Presiding Judge. This is an action on an open account, commenced in September 1965, and defended on the basis that the “service charges” on the account are usurious, and that the plaintiff had put […]

460 S.E.2d 822 KESLER v. WATTS. A95A0099.Court of Appeals of Georgia. DECIDED JULY 11, 1995. RECONSIDERATION DENIED JULY 26, 1995. CERT. APPLIED FOR. RUFFIN, Judge. Tara Kesler, legatee under the will of Byron Watts, Sr., appeals from the superior court’s order vacating a temporary restraining order and dismissing her petition for a declaratory judgment concerning […]

62 S.E.2d 434 HARRELL v. DEARISO. 33316.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1950. A contract — whereby the plaintiff undertook to obtain a buyer for the defendant’s cafe for $11,000, the defendant agreeing that the plaintiff could have all over that sum which his cafe sold for, and the plaintiff procuring a purchaser […]

92 S.E.2d 874 ATLANTIC COAST LINE RAILROAD CO. v. BROWN. 36116.Court of Appeals of Georgia. DECIDED APRIL 30, 1956. 1. The trial court did not err in not admitting the evidence as to the condition of the automatic couplers prior to and after the time of the plaintiff’s injury. 2. The trial court did not […]

605 S.E.2d 436 BOARD OF TAX ASSESSORS OF WARE COUNTY et al. v. BAPTIST VILLAGE, INC. A04A1215.Court of Appeals of Georgia. DECIDED OCTOBER 4, 2004. MILLER, Judge. This case involves a property tax dispute between the Board of Tax Assessors of Ware County and the Ware County Board of Equalization (which we refer to collectively […]

380 S.E.2d 296 SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY v. CONYERS TOYOTA, INC. (two cases). CONYERS TOYOTA, INC. v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY (two cases). 77838, 77840. 77839, 77841.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1989. REHEARING DENIED MARCH 16, 1989. BANKE, Presiding Judge. Willie J. Redmon, who is not a party to this […]

598 S.E.2d 798 RTS LANDFILL, INC. et al. v. APPALACHIAN WASTE SYSTEMS, LLC et al. A03A2027.Court of Appeals of Georgia. DECIDED MARCH 29, 2004. RECONSIDERATION DENIED APRIL 14, 2004 — CERT. APPLIED FOR. MIKELL, Judge. Pursuant to an asset purchase agreement executed on December 31, 1996, RTS Landfill, Inc. (“RTS”), formerly known as Sanifill of […]

469 S.E.2d 714 BELL v. THE STATE A95A2286Court of Appeals of Georgia. DECIDED FEBRUARY 21, 1996 POPE, Presiding Judge. A jury convicted defendant Thomas Andrew Bell of theft by taking a motor vehicle. Following the denial of his motion for a new trial, he appeals contending that the evidence was insufficient to support his conviction […]

434 S.E.2d 504 McIVER v. JONES. A93A0175.Court of Appeals of Georgia. DECIDED JULY 7, 1993. RECONSIDERATION DENIED JULY 28, 1993. BEASLEY, Presiding Judge. McIver, executor of the estate of Manuel Jones, sued decedent’s brother Joseph, seeking to cancel a 1986 deed to 315 acres of land in Page 671 Telfair County, to impress a constructive […]

377 S.E.2d 528 LIBERTY NATIONAL FIRE INSURANCE COMPANY v. F M BANK TRUST COMPANY. 77289.Court of Appeals of Georgia. DECIDED JANUARY 3, 1989. BIRDSONG, Judge. Liberty National Fire Insurance Company appeals the denial of its motion for summary judgment on the issue of bad faith penalties and attorney fees pursuant to OCGA § 33-4-6 and […]

705 S.E.2d 717 MAYFIELD v. THE STATE. No. A10A1862.Court of Appeals of Georgia. DECIDED JANUARY 26, 2011. ADAMS, Judge. Elizabeth Mayfield pleaded guilty to arson in the first degree and was sentenced to fifteen years, one to serve, with the balance on probation. Following a hearing on the matter, she was ordered to pay restitution […]

121 S.E.2d 318 HIRSCH v. COLLIER. 38915.Court of Appeals of Georgia. DECIDED JULY 12, 1961. REHEARING DENIED JULY 28, 1961. To authorize a court to set aside a default judgment on the ground that it was obtained by fraud practiced by the successful party, the party seeking relief must show that he was prevented from […]

148 S.E.2d 484 SNOW v. CONLEY. 41884.Court of Appeals of Georgia.SUBMITTED APRIL 6, 1966. DECIDED APRIL 14, 1966. The court abused its discretion in granting the motion to open the default, which failed to show either providential cause preventing the timely filing of an answer or excusable neglect on the part of the defendants. SUBMITTED […]

92 S.E.2d 729 JONES v. BARTLETT. 36118.Court of Appeals of Georgia. DECIDED APRIL 11, 1956. While, under the law, an account can not be split and separate suits be brought on the parts into which it is divided, there may exist between the same parties more than one account arising out of different transactions. DECIDED […]

245 S.E.2d 24 REFRIGERATED TRANSPORT v. DABNEY. 55229.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1978. DECIDED APRIL 18, 1978. REHEARING DENIED MAY 9, 1978. QUILLIAN, Presiding Judge. On appeal we consider the superior court’s affirmance of an award for the claimant by the State Board of Workmen’s Compensation. Held: 1. While a doctor’s report was […]

364 S.E.2d 103 ALLSTATE INDEMNITY COMPANY v. DENISON et al. 75511.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1987. REHEARING DENIED DECEMBER 17, 1987. POPE, Judge. In this declaratory judgment action, appellant Allstate sought a determination that it was not obligated to pay appellee Ellen M. Denison, Page 391 as widow and administratrix of her […]

263 S.E.2d 551 CARROLL CITY/COUNTY HOSPITAL AUTHORITY v. COX ENTERPRISES, INC. 56475.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1978. DECIDED NOVEMBER 28, 1979. SMITH, Judge. On certiorari to the Supreme Court, this case was reversed. Therefore Carroll City/County Hospital Auth. v. Page 585 Cox Enterprises, Inc., 147 Ga. App. 863 (250 S.E.2d 550), (1978), is […]

275 S.E.2d 669 LODGE et al. v. POPHAM. 60728.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1980. DECIDED NOVEMBER 14, 1980. REHEARING DENIED DECEMBER 4 AND DECEMBER 17, 1980. QUILLIAN, Presiding Judge. Summary judgment. Appellant purchasers contracted with appellee builder to build and sell them a house on a lot. The house was completed, conveyance made […]

91 S.E.2d 306 BIBLE v. ALLDAY et al. 35938.Court of Appeals of Georgia. DECIDED JANUARY 24, 1956. FELTON, C. J. 1. Where all right, title and interest of an owner of land and premises has been divested by a sale made pursuant to a power of sale in a bond for title to the land […]

604 S.E.2d 565 HARRIS v. THE STATE. A04A0834.Court of Appeals of Georgia. DECIDED AUGUST 30, 2004. MILLER, Judge. Stephen Rodriquez Harris was convicted on a single count of child molestation involving a young child in his mother’s home daycare operation. In this appeal, Harris contends his constitutional rights were violated, because two jurors were biased […]

341 S.E.2d 239 BETANCOURT v. THE STATE. 71252.Court of Appeals of Georgia. DECIDED JANUARY 28, 1986. REHEARING DENIED FEBRUARY 10, 1986. SOGNIER, Judge. Betancourt appeals the denial of a motion to withdraw his plea of guilty to the offense of conspiracy to possess cocaine. Prior to his plea Betancourt’s attorneys had several discussions with the […]

207 S.E.2d 703 CAGLE v. THE STATE. 49255.Court of Appeals of Georgia.ARGUED APRIL 5, 1974. DECIDED JUNE 27, 1974. PANNELL, Presiding Judge. During the night of July 10, 1972, a 1971 blue and white “pick-up” truck was stolen in Atlanta, Georgia. A similar vehicle, red in color, was noted parked in the carport of a […]

151 S.E.2d 803 AUGUSTA COACH COMPANY et al. v. LEE. 42087.Court of Appeals of Georgia.ARGUED JUNE 7, 1966. DECIDED SEPTEMBER 15, 1966. REHEARING DENIED OCTOBER 11, 1966. FRANKUM, Judge. 1. It is fundamental that the burden of proof rests upon the plaintiff to establish a right to recover by proving all of the essential facts […]

500 S.E.2d 388 HEIMLICH v. THE STATE. A98A0601.Court of Appeals of Georgia. DECIDED MARCH 26, 1998. ELDRIDGE, Judge. The defendant, William Scott Heimlich, filed a motion to suppress evidence gathered at what he contends was an illegal roadblock by the Georgia State Patrol. After hearing evidence, the trial court entered an order denying the motion. […]

631 S.E.2d 802 HOUSING AUTHORITY OF THE CITY OF MACON v. YOUNIS et al. A06A0202.Court of Appeals of Georgia. DECIDED MAY 31, 2006. MILLER, Judge. The Housing Authority of the City of Macon (the “Authority”) initiated condemnation proceedings to acquire two adjacent tracts of land owned by Amile D. Younis and others (collectively referred to […]

261 S.E.2d 766 McINTYRE v. GULF OIL CORPORATION. 58413.Court of Appeals of Georgia.ARGUED SEPTEMBER 25, 1979. DECIDED OCTOBER 19, 1979. BANKE, Judge. Appellee, Gulf Oil Corporation, sought and obtained a writ of possession against appellant McIntyre, who operated a service station owned by appellee. Appellant filed a timely notice of appeal to this court on […]

160 S.E.2d 210 MARTIN v. DENSON. 43455.Court of Appeals of Georgia.SUBMITTED FEBRUARY 6, 1968. DECIDED FEBRUARY 21, 1968. HALL, Judge. After a verdict for $800 in this negligence action, the trial court granted the plaintiff’s motion for new trial on the general grounds. The defendant appeals from this judgment, contending that since the Civil Practice […]

159 S.E.2d 87 AETNA LIFE INSURANCE COMPANY v. GREENE. 43160.Court of Appeals of Georgia.ARGUED NOVEMBER 9, 1967. DECIDED DECEMBER 5, 1967. The enumerated errors in this appeal from a judgment of contempt in connection with discovery proceedings, as argued and insisted upon before this court, fail to show harmful error requiring reversal of the judgment […]

19 S.E.2d 923 McALISTER v. SANDERS. 29500.Court of Appeals of Georgia. DECIDED APRIL 20, 1942. Dismissal of claim on levy was not error, the issue of title having previously been adjudicated against the claimant. DECIDED APRIL 20, 1942. Complaint; from Putnam superior court — Judge Jackson. November 19, 1941. Sydney H. Baynes, for plaintiff in […]

78 S.E.2d 351 PAYNE v. NORRIS. 34753.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1953. REHEARING DENIED OCTOBER 5, 1953. 1. Where, in the foreclosure of a laborer’s lien for crops, the evidence was in dispute as to whether payment of certain sums for cotton picking by the landowner constituted an advance to the plaintiff, […]

451 S.E.2d 113 APPAREL RESOURCES INTERNATIONAL, LTD. et al. v. AMERSIG SOUTHEAST, INC. A94A1416.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1994. RUFFIN, Judge. Amersig Southeast, Inc. (“Amersig”), a printing company, sued Apparel Resources International, Ltd. (“Apparel Resources”), a foreign corporation, and Lynn Heller, a New York resident, for breach of contract after Apparel Resources […]

649 S.E.2d 807 CITY OF ST. MARYS et al. v. FULFORD. No. A07A0594.Court of Appeals of Georgia. DECIDED JULY 11, 2007. BERNES, Judge. Following our grant of their application for discretionary appeal, the City of St. Marys, Mayor Deborah Hase and members of the City Council appeal the trial court’s order reversing the City Council’s […]

441 S.E.2d 675 HAMMOND v. THE STATE. A93A2520.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1994. RECONSIDERATION DENIED FEBRUARY 21, 1994. McMURRAY, Presiding Judge. Defendant Hammond appeals his conviction of a violation of the Georgia Controlled Substances Act, selling cocaine. Held: 1. Defendant questions the sufficiency of the evidence to authorize his conviction. The State’s […]

292 S.E.2d 861 WORTHINGTON v. WORTHINGTON. 63326.Court of Appeals of Georgia. DECIDED JUNE 24, 1982. REHEARING DENIED JULY 6, 1982. The appellant is the alleged father of appellee William Bryan Worthington, the illegitimate child of appellee Mary Jane who appears here both individually and as next friend to William Bryan. The latter was born in […]

343 S.E.2d 164 FORDE v. CITIZENS SOUTHERN GEORGIA CORPORATION. 71996.Court of Appeals of Georgia. DECIDED MARCH 21, 1986. BIRDSONG, Presiding Judge. Summary Judgment — Invitee Injury. On July 28, 1983, at about 2:00 p. m., Ms. Juanita Forde drove to the banking facilities of a C S branch bank. Forde was aware that the bank […]

196 S.E.2d 475 EVERHART et al. v. RICH’S, INC. et al. 46959.Court of Appeals of Georgia.ARGUED MARCH 8, 1972. DECIDED FEBRUARY 28, 1973. EBERHARDT, Presiding Judge. Harold D. Everhart and his wife purchased from Rich’s fiberglass draperies which were installed in their home in December, 1964. Beginning in February, 1970 it was discovered that the […]

405 S.E.2d 539 WILLIAMS v. THE STATE. A91A0854.Court of Appeals of Georgia. DECIDED APRIL 10, 1991. McMURRAY, Presiding Judge. Defendant Williams appeals his conviction of a violation of the Georgia Controlled Substances Act (possession of cocaine with intent to distribute). Held: 1. Defendant’s second enumeration of error contends that the evidence was not sufficient to […]

473 S.E.2d 263 BECK v. THE STATE. A96A1465.Court of Appeals of Georgia. DECIDED JULY 9, 1996. McMURRAY, Presiding Judge. Defendant Beck was charged by indictment with the offenses of armed robbery, violation of the Georgia Controlled Substances Act, and habitual felon. The alleged offense of habitual felon was an invocation of the provisions of OCGA […]

361 S.E.2d 3 BOYETTE v. ELMER. 74400.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1987. CARLEY, Judge. While employed by Uni-Clean, Inc., appellee-plaintiff suffered a work-related injury. Although appellant-defendant was the corporate officer who had the responsibility of procuring workers’ compensation insurance coverage for the employees of Uni-Clean, Inc., no such insurance coverage had ever […]

332 S.E.2d 365 ENGLISH v. TUCKER FEDERAL SAVINGS LOAN ASSOCIATION et al. 70670.Court of Appeals of Georgia. DECIDED JUNE 6, 1985. SOGNIER, Judge. Appellant obtained a judgment against appellee when it failed to answer the summons of garnishment. Appellee moved the trial court to set aside the judgment for failure to serve the proper party […]

513 S.E.2d 742 IN RE J. M., a child. A98A1876.Court of Appeals of Georgia. DECIDED: FEBRUARY 2, 1999 RUFFIN, Judge. J. M. was adjudicated delinquent for the offense of simple battery. See OCGA § 16-5-23 (a). He appeals, contesting the sufficiency of the evidence. Because there was sufficient evidence to support the adjudication, we affirm. […]

85 S.E.2d 629 KIRK v. SHAFFER. 35332.Court of Appeals of Georgia. DECIDED JANUARY 11, 1955. CARLISLE. J. 1. “Where, in ruling upon demurrers, the trial court allows time for the filing of an amendment, such court shall render a judgment on the sufficiency of the pleadings after the expiration of the time allowed for amendment […]

436 S.E.2d 229 TURNER v. THE STATE. A93A0901.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1993. SMITH, Judge. Alan John Turner was convicted of operating a motor vehicle after being declared an habitual violator and driving with defective Page 304 equipment. OCGA §§ 40-5-58; 40-8-7. On appeal, he enumerates as error the trial court’s failure […]

362 S.E.2d 496 ITT BUSINESS SERVICES CORPORATION et al. v. ROBERTS. 74860.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1987. POPE, Judge. Plaintiff ITT Business Services Corporation (hereinafter ITT-Missouri) brought this action for declaratory judgment against defendant Tax Commissioner of Fulton County, seeking the release of certain real property from a tax lien. By amendment, […]

506 S.E.2d 438 IN THE INTEREST OF D.A.P., et al., children. A98A1010.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1998. SMITH, Judge. The biological father of D.A.P., who is also the “legal” father of M.W.P. and S.L.W., appeals from the order of the Chatham County Juvenile Court terminating his parental rights as to all three […]

657 S.E.2d 628 HAZLEY v. THE STATE. No. A07A2446.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 2008. MILLER, Judge. We granted Cornelius Hazley’s application for interlocutory review of the order denying his motion to suppress evidence that he was driving under the influence to the extent that he was less safe to drive and DUI […]

623 S.E.2d 223 BURT et al. v. JAMES et al. A05A1339.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 2005. SMITH, Presiding Judge. Adam and Susan Burt brought this action in April 2003 against Dr. Plas James and the Atlanta Spine Institute, P.C., the professional association that employed Dr. James (collectively “Dr. James”). They alleged medical […]

44 S.E.2d 814 McKNIGHT v. ANDERSON. 31784.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1947. 1. In an action on an account for the purchase-price of merchandise delivered and not paid for, memoranda containing description of merchandise, date of delivery, unit price, amount delivered, amount due, receipt therefor, etc., are not inadmissible in evidence because […]

546 S.E.2d 831 SUMTER REGIONAL HOSPITAL, INC. et al. v. SUMTER FREE PRESS, INC. et al. A00A2055.Court of Appeals of Georgia. DECIDED: MARCH 6, 2001. BLACKBURN, Chief Judge. On interlocutory grant, Sumter Regional Hospital, Inc. and Jerry Adams, its Chief Executive Officer, appeal the trial court’s denial of their motion for summary judgment against Sumter […]

91 S.E.2d 796 YOUNGBLOOD v. HENRY C. BECK COMPANY. 36060.Court of Appeals of Georgia. DECIDED MARCH 1, 1956. “One who knowingly and voluntarily takes a risk of physical injury, the danger of which is so obvious that the act of taking such risk, in and of itself, amounts to a failure to exercise ordinary care […]

680 S.E.2d 419 FALANGA et al. v. KIRSCHNER VENKER, P.C. et al. No. A09A0711.Court of Appeals of Georgia. DECIDED MAY 21, 2009. RECONSIDERATION DENIED JULY 2, 2009. MIKELL, Judge. This is the second appearance of this case before this Court. I Falanga v. Kirschner Venker, P.C.[1] (“Falanga I“), attorney Andrew Kirschner and his firm, Kirschner […]

64 S.E.2d 697 PALMOUR v. THE STATE. 33451.Court of Appeals of Georgia. DECIDED APRIL 25, 1951. The verdict finding the defendant guilty of possessing and having control of non-tax-paid whisky being authorized by the evidence, and no error appearing from any of the special grounds of the motion for new trial, dealing with the charge […]

701 S.E.2d 507 BRINT v. THE STATE. No. A10A1480.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 2010. McMURRAY, Senior Appellate Judge. Richard Brint was convicted of possession of cocaine following a bench trial. On appeal, Brint contends that the trial court erred in denying his motion to suppress the drug evidence seized during a search […]

523 S.E.2d 42 SYMS v. THE STATE. A99A1884, A99A2000.Court of Appeals of Georgia. DECIDED: SEPTEMBER 28, 1999. ELLINGTON, Judge. In Case No. A99A1884, Leroy Syms appeals from the trial court’s order denying his motion for an out-of-time appeal. He contends the trial court failed to inform him that he had 30 days in which to […]

344 S.E.2d 245 BROWN v. ROWE. 71398.Court of Appeals of Georgia. DECIDED MARCH 10, 1986. REHEARING DENIED APRIL 3, 1986. BENHAM, Judge. Appellant Jane Brown appeals from the grant of summary judgment in favor of appellee Charles Vernon Rowe and further alleges as error the striking of two counter affidavits which the trial court held […]

597 S.E.2d 505 EVANS v. THE STATE. A04A0287.Court of Appeals of Georgia. DECIDED MARCH 19, 2004. RUFFIN, Presiding Judge. A jury found Norris Evans guilty of aggravated sodomy, two counts of terroristic threats, and rape, but acquitted him of false imprisonment. Evans appeals, challenging the sufficiency of the evidence supporting his convictions. He also argues […]

91 S.E.2d 189 ABNEY et al. v. M. B. THOMAS AUTO SALES COMPANY., INC. 36006.Court of Appeals of Georgia. DECIDED JANUARY 20, 1956. CARLISLE, J. 1. “The issue in an action of trover is ordinarily one of title, and the gist of the action is conversion, that is to say, that the defendant has wrongfully […]

433 S.E.2d 89 GRIGGS v. ALL-STEEL BUILDINGS, INC. et al. A93A1487.Court of Appeals of Georgia. DECIDED JUNE 11, 1993. RECONSIDERATION DENIED JUNE 28, 1993. BLACKBURN, Judge. This is the second appearance of this case before this court. In Griggs v. All-Steel Bldgs., 201 Ga. App. 111 (410 S.E.2d 309) (1991), we noted that Griggs may […]

233 S.E.2d 866 R. C. N. v. STATE OF GEORGIA. 52802.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1976. DECIDED MARCH 2, 1977. SMITH, Judge. This is an appeal from an order of the Hall County Juvenile Court permanently terminating the appellant’s parental rights in her child. The Hall County Department of Family Children Services (DFCS) […]

173 S.E.2d 750 CITY OF ATLANTA v. PRICE. 45049.Court of Appeals of Georgia.SUBMITTED FEBRUARY 3, 1970. DECIDED MARCH 6, 1970. EBERHARDT, Judge. Senoia Price was injured January 8, 1964, while in the course of his employment with the City of Atlanta as an employee of the sanitary department. An agreement for the payment of compensation […]