Category: Georgia Court of Appeals Opinions

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 […]

276 S.E.2d 155 BROWN v. DEPARTMENT OF HUMAN RESOURCES. 60917.Court of Appeals of Georgia. DECIDED JANUARY 13, 1981. QUILLIAN, Chief Judge. This is an appeal by a father of the termination of his parental rights. In December 1974 Shirley Brown gave birth to twin girls fathered by appellant. It is not clear whether she and […]

234 S.E.2d 1 PRIM v. TRAVELERS INSURANCE COMPANY et al. 53730.Court of Appeals of Georgia.ARGUED APRIL 12, 1977. DECIDED APRIL 28, 1977. QUILLIAN, Presiding Judge. The superior court was correct in affirming the award of the State Board of Workmen’s Compensation. Judgment affirmed. Shulman and Banke, JJ., concur. ARGUED APRIL 12, 1977 — DECIDED APRIL […]

119 S.E.2d 261 WOOD v. STATE OF GEORGIA. 38574.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1961. REHEARING DENIED MARCH 10, 1961. 1. The trial court did not err in finding the defendant in contempt under count 1 of the indictment. (a) The constitutional courts of this State are not limited by the definition of […]

342 S.E.2d 4 INTERNATIONAL INDEMNITY COMPANY v. SMITH; and vice versa. 71166, 71222.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1986. REHEARING DENIED FEBRUARY 24, 1986. POPE, Judge. International Indemnity Company (IIC) brought this action seeking a declaration of rights between itself and its insured, Joseph C. Smith. We granted IIC’s application for interlocutory appeal […]

673 S.E.2d 86 XIONG v. THE STATE. No. A08A1720.Court of Appeals of Georgia. DECIDED JANUARY 27, 2009. ADAMS, Judge. Seng Xiong appeals from the denial of his motion for new trial. He contends the trial court erred by denying a motion to suppress, by improperly charging the jury, and by denying his motion for new […]

231 S.E.2d 496 MYERS v. THE STATE. 53069.Court of Appeals of Georgia.SUBMITTED NOVEMBER 1, 1976. DECIDED NOVEMBER 18, 1976. REHEARING DENIED DECEMBER 2, 1976. BELL, Chief Judge. Defendant was convicted of selling phencyclidine in violation of the Georgia Controlled Substances Act. He contends that the trial court erred in denying his motion for directed acquittal […]

493 S.E.2d 923 BANKS v. THE STATE. A97A2049.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1997. POPE, Presiding Judge. Ladds Taylor Banks appeals his bench trial conviction for misdemeanor possession of marijuana. He claims that the Gwinnett County State Court lacked jurisdiction over the crime charged and that the court erred in denying his motion […]

469 S.E.2d 235 SIEVEKING v. THE STATE A95A2159Court of Appeals of Georgia. DECIDED JANUARY 26, 1996 — RECONSIDERATION DENIED FEBRUARY 16, 1996 — CERT. APPLIED FOR. BEASLEY, Chief Judge. Sieveking appeals from his conviction and sentence on charges of driving under the influence of alcohol to the extent that it was less safe for him […]

168 S.E.2d 834 BANK OF THOMAS COUNTY v. DEKLE. 44092.Court of Appeals of Georgia.ARGUED JANUARY 13, 1969. DECIDED MAY 13, 1969. REHEARING DENIED JUNE 2, 1969. The trial judge did not err in refusing to grant a summary judgment to the defendant bank limiting liability on unauthorized payments from the plaintiff’s account. ARGUED JANUARY 13, […]

485 S.E.2d 545 PARIAN LODGE, INC. v. DEKALB COUNTY et al. A97A0480.Court of Appeals of Georgia. DECIDED APRIL 1, 1997 — CERT APPLIED FOR. RUFFIN, Judge. This action involves Parian Lodge, Inc.’s complaint for refund of ad valorem taxes paid on certain property for the 1990 tax year. The trial court granted DeKalb County’s motion […]

350 S.E.2d 818 BECK et al. v. COBB COUNTY. 72611.Court of Appeals of Georgia. DECIDED NOVEMBER 12, 1986. POPE, Judge. On November 30, 1983 appellee county filed a petition to condemn a portion of property owned by appellants. Appellants filed an answer and counterclaim alleging that in the spring of 1983 when the county made […]

228 S.E.2d 216 MORAN v. THE STATE. 51715.Court of Appeals of Georgia.SUBMITTED JANUARY 13, 1976. DECIDED JULY 9, 1976. STOLZ, Judge. Defendant was indicted for 2 counts of aggravated assault with a deadly weapon and 2 counts of kidnapping. He was convicted of the aggravated assaults and acquitted of the kidnappings. At the trial, it […]

636 S.E.2d 674 BEHFOROUZ et al. v. VAKIL. No. A06A1288.Court of Appeals of Georgia. DECIDED AUGUST 29, 2006. RECONSIDERATION DENIED SEPTEMBER 20, 2006. MILLER, Judge. Soussan Behforouz was injured when she slipped and fell on a rug in her mother’s house. Behforouz and her husband thereafter sued Behforouz’s mother, Farokh Vakil, for Behforouz’s personal injuries […]

586 S.E.2d 430 BUTGEREIT et al. v. ENVIRO-TECH ENVIRONMENTAL SERVICES, INC. et al. A03A1211.Court of Appeals of Georgia. August 14, 2003 BLACKBURN, Presiding Judge. Following a jury verdict in favor of Enviro-Tech Environmental Services, Inc. (“Enviro-Tech”) and Jarrod Thomas Ramsey in this action for personal injury and loss of consortium, Frances and John Butgereit appeal, […]

22 S.E.2d 194 JORDAN v. THE STATE. 29755.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1942. REHEARING DENIED OCTOBER 10, 1942. 1. The overruling of a special demurrer to the indictment, if error, was not harmful to the accused. 2. The verdict was amply authorized by the evidence, and the grounds of the motion for […]

36 S.E.2d 158 MINOR v. SUTTON. 30994.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1945. 1. A tenant under an oral lease for a term of years, made subject to the right of the landlord to sell the premises at any time, and terminate the tenancy on January 1 thereafter, was a tenant at sufferance […]

501 S.E.2d 598 STAR GAS OF HAWKINSVILLE, INC. v. ROBINSON ET AL. AND VICE VERSA. A96A2023, A96A2024.Court of Appeals of Georgia. DECIDED APRIL 14, 1998. RECONSIDERATION DENIED MAY 4, 1998 — CERT. APPLIED FOR. ANDREWS, Chief Judge. This court affirmed the trial court’s denial of Eddie Lee Robinson’s motion for new trial in which he […]

371 S.E.2d 265 STANFIELD v. STANFIELD. 76327.Court of Appeals of Georgia. DECIDED JULY 6, 1988. DEEN, Presiding Judge. Mary Ann Stanfield brought suit against Douglas Stanfield and Ruth Bowles seeking damages for injuries she incurred while a passenger in an automobile driven by Douglas Stanfield. The trial court granted Douglas Stanfield’s motion for summary judgment […]

323 S.E.2d 261 HALL v. THE STATE. 68566.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1984. BENHAM, Judge. This appeal is from appellant’s conviction of the offenses of entering an automobile with intent to commit a theft and two counts of aggravated assault. His sole enumeration of error is that the trial court erred in […]

650 S.E.2d 795 GILCHRIST v. GILCHRIST. No. A07A1574.Court of Appeals of Georgia. DECIDED AUGUST 7, 2007. SMITH, Presiding Judge. In this discretionary appeal, Addrenna Gilchrist appeals, pro se, from the trial court’s award of attorney fees to her exhusband, DeJuan Gilchrist, pursuant to OCGA § 9-15-14. Ms. Gilchrist contends, in part, that the trial court’s […]

558 S.E.2d 823 BUCKNER v. THE STATE. A01A1788.Court of Appeals of Georgia. DECIDED: JANUARY 15, 2002 MILLER, Judge. During its deliberations on a criminal matter, the jury asked for a copy of the trial transcript. After consulting with counsel but without the defendant present, the judge wrote the jury a note that no copy was […]

383 S.E.2d 361 BROWN v. THE STATE. A89A0484.Court of Appeals of Georgia. DECIDED JUNE 9, 1989. CARLEY, Chief Judge. After a bench trial, appellant was found guilty of two counts of aggravated assault, one count of possession of a firearm during the commission of the aggravated assaults and one count of possession of a firearm […]

576 S.E.2d 83 SIMILE v. THE STATE. A02A2053.Court of Appeals of Georgia. DECIDED: JANUARY 9, 2003 ANDREWS, Presiding Judge. Craig Burton Simile appeals from the trial court’s denial of his plea of former jeopardy in his DUI prosecution, based upon the imposition by the Georgia Institute of Technology (Georgia Tech) of administrative penalties arising from […]

279 S.E.2d 503 HENDERSON et al. v. KENT et al. 61449.Court of Appeals of Georgia. DECIDED APRIL 7, 1981. DEEN, Presiding Judge. Henderson Electric Co., Inc., brought suit in DeKalb County against two corporate officers, Kent and Dalton, for an unspecified “breach of fiduciary duty.” Kent and Dalton then filed counterclaims alleging that they were […]

502 S.E.2d 774 BLACKWELL v. THE STATE. A98A0752.Court of Appeals of Georgia. DECIDED JUNE 16, 1998. Judge Harold R. Banke. After a motor vehicle accident occurring on July 15, 1996, Nathan Blackwell was cited for hit and run, running a red light, and no tag. About ten days later, an arrest warrant was issued at […]

16 S.E.2d 99 KAHN v. SHAW. 28933.Court of Appeals of Georgia. DECIDED JULY 15, 1941. REHEARING DENIED JULY 30, 1941. The jury was authorized to find that the defendant, an optometrist, had not exercised reasonable care and skill in his examination of the eyes of his patient, a schoolboy, and in the fitting of glasses […]

404 S.E.2d 607 HEYDE v. XTRAMAN, INC. et al.; and vice versa. A90A2377, A90A2378Court of Appeals of Georgia. DECIDED MARCH 5, 1991 REHEARING DENIED MARCH 26, 1991 COOPER, Judge. This appeal and cross-appeal arise out of a products liability action which resulted from an injury suffered by appellant, Heyde, while using a hoist rented from […]

306 S.E.2d 34 WILSON v. THE STATE. KENNEDY v. THE STATE. 65789, 65790.Court of Appeals of Georgia. DECIDED JUNE 17, 1983. CARLEY, Judge. Appellants were jointly tried for the crimes of armed robbery and aggravated assault. The jury returned verdicts of guilty against both appellants. Their subsequent motions for new trial were denied. Appellants filed […]

411 S.E.2d 518 CREWS v. CISCO BROTHERS FORD-MERCURY, INC. et al. HOWARD v. CISCO BROTHERS FORD-MERCURY, INC. et al. FETTIG v. CISCO BROTHERS FORD-MERCURY, INC. et al. A91A1767, A91A1768, A91A1802.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1991. RECONSIDERATION DENIED OCTOBER 23, 1991. BIRDSONG, Presiding Judge. Appellants are plaintiffs in suits for rescission of purchase […]

327 S.E.2d 815 LOZIER v. LEONARD. 69248.Court of Appeals of Georgia. DECIDED MARCH 7, 1985. BEASLEY, Judge. Defendant, Kathryn Lozier, appeals from a jury verdict and judgment for the plaintiff, Dr. James Leonard. This was an action on account. Defendant Lozier was of the opinion that her “ears were abnormal in that they did not […]

372 S.E.2d 287 FLOYD v. THE STATE. 76099.Court of Appeals of Georgia. DECIDED JULY 15, 1988. REHEARING DENIED JULY 26, 1988. BEASLEY, Judge. Floyd appeals his conviction of 24 counts of theft by taking (OCGA § 16-8-2) and five counts of forgery (OCGA § 16-9-1), crimes committed while he was Clerk of the State Court […]

244 S.E.2d 87 PIERCE v. THE STATE. 55439.Court of Appeals of Georgia.SUBMITTED MARCH 1, 1978. DECIDED APRIL 4, 1978. BANKE, Judge. The sole issue in this appeal is whether the evidence was sufficient to support the defendant’s conviction for burglary. The defendant contends that the state’s case rested solely on evidence that his fingerprints had […]

278 S.E.2d 682 WISECUP v. THE STATE. 61110.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1981. REHEARING DENIED MARCH 11, 1981. BIRDSONG, Judge. Jo Nell Wisecup was indicted for the murder of her husband, convicted of voluntary manslaughter and sentenced to twelve years, with eight to serve and four on probation. She brings this appeal […]

20 S.E.2d 211 BELL v. THE STATE. 29557.Court of Appeals of Georgia. DECIDED MAY 7, 1942. Conviction of knowingly receiving stolen goods was authorized by evidence. DECIDED MAY 7, 1942. Receiving stolen goods; from Waynesboro city court — Judge G. C. Anderson. January 7, 1942. E. M. Price, for plaintiff in error. Preston B. Lewis, […]

425 S.E.2d 384 JONES v. THE STATE. A92A1476.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1992. COOPER, Judge. Appellant was convicted by a jury of possession of cocaine with intent to distribute. His sole enumeration of error is the trial court’s admission of the State’s similar transaction evidence. The evidence presented at trial showed that […]

562 S.E.2d 269 MARSH v. THE STATE. A01A2061.Court of Appeals of Georgia. DECIDED: MARCH 20, 2002. RUFFIN, Judge. A Hall County jury found Recondo Marsh guilty of armed robbery and aggravated assault. Marsh appeals his conviction, asserting that the trial court erred in denying his motion “to prevent unlawful contact” between prospective jurors and various […]

54 S.E.2d 507 ALEWINE v. THE STATE. 32611.Court of Appeals of Georgia. DECIDED JULY 15, 1949. REHEARING DENIED JULY 28, 1949. The court did not err in revoking the probation sentence of the defendant. DECIDED JULY 15, 1949. REHEARING DENIED JULY 28, 1949. Revocation of probation; from Athens City Court — Judge Oldham. May 21, […]

16 S.E.2d 523 BRITT v. THE STATE. 29113.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1941. Question not raised by distinct assignment of error in petition for certiorari can not be considered. Conviction of illegal possession of intoxicating liquor was authorized. DECIDED SEPTEMBER 19, 1941. Certiorari; from Fulton superior court — Judge Humphries. April 16, […]

59 S.E.2d 676 BUICE et al v. SMITH. 32976.Court of Appeals of Georgia. DECIDED MAY 3, 1950. REHEARING DENIED JUNE 6, 1950. 1. There is sufficient evidence to sustain the verdict of the jury under the general grounds. 2. The special grounds show no cause for reversal, for the reasons as set out in the […]

331 S.E.2d 899 CUNNINGHAM v. NATIONAL SERVICE INDUSTRIES, INC. 69923.Court of Appeals of Georgia. DECIDED MAY 1, 1985. REHEARING DENIED MAY 23, 1985. BIRDSONG, Presiding Judge. Plaintiff/appellant Leona R. Cunningham, a nurse employed at the Ridgeview Institute on South Cobb Drive in Smyrna, Georgia, was attempting to exit from the driveway of Ridgeview and turn […]

666 S.E.2d 735 THE STATE v. HOPPER. No. A08A1223.Court of Appeals of Georgia. DECIDED AUGUST 4, 2008. MILLER, Judge. The State appeals from the trial court’s grant of Keith Hopper’s motion to suppress evidence seized by police following a traffic stop. We affirm because officers did not have a particularized and objective basis to suspect […]

659 S.E.2d 823 SCHLANGER v. THE STATE. No. A07A1866.Court of Appeals of Georgia. DECIDED MARCH 21, 2008. BERNES, Judge. Following a jury trial, Herbert P. Schlanger appeals his convictions for DUI, [1] reckless driving, and failure to maintain a lane. Schlanger contends that the trial court erred in denying his motion to suppress the results […]

481 S.E.2d 539 CONDEELIS v. ABS ARTISTIC JEWELRY, INC. A96A1801.Court of Appeals of Georgia. DECIDED JANUARY 22, 1997 — RECONSIDERATION DENIED FEBRUARY 13, 1997 — CERT. APPLIED FOR. Judge HAROLD R. BANKE. George Condeelis sued ABS Artistic Jewelry, Inc. (“ABS”) for breach of contract. After the jury awarded Condeelis over $187,000, ABS successfully moved for […]

12 S.E.2d 494 ATLANTA, BIRMINGHAM AND COAST RAILROAD COMPANY v. THOMAS. 28393.Court of Appeals of Georgia. DECIDED DECEMBER 20, 1940. The evidence supported the verdict. The assignments of error, general and special, are without merit. The court did not err in overruling the motion for new trial. DECIDED DECEMBER 20, 1940. Damages; from Brantley superior […]

80 S.E.2d 216 LENDERMAN v. HAYNIE et al. GEORGIA POWER CO. v. HAYNIE et al. 34923, 34904.Court of Appeals of Georgia. DECIDED JANUARY 14, 1954. 1. Where one of the joint defendants was alleged to have furnished a family-purpose automobile to his daughter, with knowledge that the automobile was equipped with defective steering gear and […]

334 S.E.2d 369 STINESPRING v. THE STATE. 70790.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1985. CARLEY, Judge. Appellant was convicted of selling alcoholic beverages without a license and selling beer on Sunday. He appeals, enumerating as error only the denial of his motions for a directed verdict of acquittal. Viewed in the light most […]

97 S.E.2d 623 CAMP v. MAPP. 36556.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1957. The trial court did not err in denying the defendant’s amended motion for new trial. DECIDED FEBRUARY 28, 1957. Tort; automobile collision. Before Judge Etheridge. Fulton Civil Court. December 5, 1956. A. H. Mapp brought an action against J. C. […]

463 S.E.2d 50 WEAVER v. BOWERS et al. A95A1932.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1995. JOHNSON, Judge. On June 26, 1984, Henry Weaver filed a complaint to collect monies allegedly owed to him by Max A. Bowers and J. Wade Bowers. Page 725 The complaint mistakenly named “Wade J. Bowers” as a party […]

329 S.E.2d 192 GEORGIA COMMUNICATIONS CORPORATION et al. v. HORNE et al. 69434.Court of Appeals of Georgia. DECIDED MARCH 4, 1985. REHEARING DENIED MARCH 21, 1985. BENHAM, Judge. This appeal follows a jury trial in which appellees were awarded damages for a radio “defamacast” broadcast by appellants. The sole issue at trial was damages, since […]

25 S.E.2d 531 OUTLAW et al. v. THE STATE. 30014.Court of Appeals of Georgia. DECIDED APRIL 30, 1943. MacINTYRE, J. The defendants were convicted of simple larceny (cow stealing) and their motion for new trial embraced the general grounds only. The evidence connecting them with the offense charged, while wholly circumstantial, was sufficient to authorize […]

245 S.E.2d 482 HICKS v. CONTINENTAL INSURANCE COMPANY. 55853.Court of Appeals of Georgia.ARGUED MAY 4, 1978. DECIDED MAY 31, 1978. WEBB, Judge. While driving her automobile, Sherry Hicks was struck and injured by an automobile driven by Maxine Reynolds. Ms. Reynolds was driving an automobile belonging to Taurus Volkswagen which had been provided for her […]

297 S.E.2d 741 LOWE ENGINEERS, INC. et al. v. ROYAL INDEMNITY COMPANY. 64637.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 1982. BIRDSONG, Judge. Doctrine of Binding Precedent. Lowe Engineers, Inc. (Lowe) is a company engaged in engineering studies, mapping, surveys and related services concerning navigable waters of the United States in several of the states […]

414 S.E.2d 317 FINDLEY v. DAVIS et al. A91A1262.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1991. RECONSIDERATION DENIED DECEMBER 19, 1991. COOPER, Judge. In August of 1984, John Clayton Davis (“Davis”) entered into a contract with appellant’s mother (“Mrs. Findley”) whereby Davis would represent Mrs. Findley as legal counsel in connection with the sale […]

268 S.E.2d 673 WILLIS v. THE STATE. 58884.Court of Appeals of Georgia.SUBMITTED NOVEMBER 19, 1979. DECIDED FEBRUARY 11, 1980. REHEARING DENIED MARCH 27, 1980. SMITH, Judge. We affirm appellant’s burglary conviction. 1. Appellant objected to the admission of a photograph of some of the items missing from the victim’s house following the burglary. Contrary to […]

583 S.E.2d 529 GAY ET AL. v. STRAIN ET AL.; and vice versa. A03A0596, A03A0597.Court of Appeals of Georgia. DECIDED: JUNE 17, 2003 SMITH, Chief Judge. These companion cases arise from the bench trial of a property line dispute. Appellants Bobbie F. Gay, Wayne Clemans, and Sandra Clemans appeal from the trial court’s decision regarding […]

384 S.E.2d 227 MITCHELL v. WYATT. (two cases). A89A0141, A89A0260.Court of Appeals of Georgia. DECIDED JULY 3, 1989. BEASLEY, Judge. Plaintiff Mitchell appeals adverse judgments in two separate suits against Wyatt for injuries which Mitchell allegedly sustained as a passenger in an automobile driven by Wyatt when it collided with another vehicle. The suits have […]

704 S.E.2d 215 PAXTON et al. v. CITIZENS BANK AND TRUST OF WEST GEORGIA. No. A10A1255.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 2010. BLACKWELL, Judge. Citizens Bank and Trust of West Georgia (“CBT”) brought this lawsuit to recover on promissory notes securing loans to Page 113 Hot-Lanta Developers Group, LLC (“Hot-Lanta”) and on guaranties […]

123 S.E.2d 412 MARQUES v. ROSS et al. 39105.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1961. REHEARING DENIED DECEMBER 13, 1961. The court did not err in sustaining the motion for summary judgment. DECIDED NOVEMBER 15, 1961 — REHEARING DENIED DECEMBER 13, 1961. Action for damages; summary judgment. Fulton Superior Court. Before Judge Whitman. […]

370 S.E.2d 847 HOLDEN v. THE STATE. 76514.Court of Appeals of Georgia. DECIDED JUNE 21, 1988. CARLEY, Judge. Appellant was tried before a jury and found guilty of the offense of child molestation. Appellant appeals from the judgment of conviction and sentence entered on the jury’s verdict. 1. A witness for the State was allowed […]

165 S.E.2d 891 SHIREY, by Next Friend v. WOODS et al. 44003.Court of Appeals of Georgia.ARGUED OCTOBER 9, 1968. DECIDED DECEMBER 3, 1968. REHEARING DENIED DECEMBER 19, 1968. 1. The trial court erred in admitting testimony of the investigating officer that charges were placed against the plaintiff’s parents for having an illegal or unlicensed vehicle […]

523 S.E.2d 607 BOYCE v. THE STATE. A99A0857.Court of Appeals of Georgia. DECIDED: OCTOBER 18, 1999. SMITH, Judge. After his conviction of the offenses of DUI and driving with a revoked license, Glenn Lee Boyce brings this appeal. In his sole enumeration of error, he contends that he was stopped at an illegal roadblock, and […]

606 S.E.2d 10 FITZGERALD WATER, LIGHT BOND COMMISSION v. SHAW INDUSTRIES, INC. A04A1799.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 2004. RECONSIDERATION DENIED OCTOBER 14, 2004. ELLINGTON, Judge. Fitzgerald Water, Light Bond Commission (“the Commission”) appeals from the superior court’s order denying its motion for summary judgment on Shaw Industries, Inc.’s counterclaims based upon alleged […]

619 S.E.2d 380 DRAKE v. THE STATE. A05A1527.Court of Appeals of Georgia. DECIDED AUGUST 3, 2005. BLACKBURN, Presiding Judge. Following a jury trial, John Drake appeals his conviction on three counts of theft by taking, four counts of theft by deception, and one count of entering an automobile with intent to commit a theft. He […]

305 S.E.2d 502 MURRAY v. WILLIAMS et al. 65748.Court of Appeals of Georgia. DECIDED JUNE 10, 1983. McMURRAY, Presiding Judge. For the purpose of reviewing the grant of summary judgment in this case, the following facts are accepted as true: In 1981, plaintiff Murray was a member of the Board of Directors of the Metropolitan […]

197 S.E.2d 392 SCHOFIELD et al. v. THE STATE. 47930.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1973. DECIDED MARCH 14, 1973. 1, 2, 3. The trial judge did not err in denying the defendants’ motions to set aside sentences and to withdraw pleas of guilty on the grounds of involuntariness and denial of the right […]

239 S.E.2d 230 GREGSON v. WEBB et al. 54509.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 16, 1977. DECIDED OCTOBER 18, 1977. SHULMAN, Judge. Appellees brought suit against appellant on an open account. Appellant filed an answer containing an allegation that the debt was the debt of another, a plea of “nul tiel debt,” and a general […]

63 S.E.2d 224 REDWINE, Commissioner, v. SOUTHERN WINE COMPANY. 33258.Court of Appeals of Georgia. DECIDED JANUARY 27, 1951. WORRILL, J. This case is controlled by the ruling made in Redwine, Commissioner, v. Arvaniti, ante, p. 203. The court erred in sustaining the general demurrer and plea in bar and in dismissing the petition for the […]

410 S.E.2d 325 McCLAIN v. THE STATE. A91A0814.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1991. RECONSIDERATION DENIED SEPTEMBER 13, 1991. POPE, Judge. Defendant Willie Moses McClain was convicted of aggravated assault and aggravated battery upon his wife and appeals. 1. After deliberations, the jury returned to the courtroom and the foreman announced: “We, the […]

240 S.E.2d 919 JOHNSON v. THE STATE. 54270.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 19, 1977. DECIDED DECEMBER 5, 1977. REHEARING DENIED DECEMBER 20, 1977. BELL, Chief Judge. Defendant was convicted of robbery by intimidation. Held: 1. The assistant district attorney during his cross examination of one of defendant’s witnesses was permitted over objection to show […]

235 S.E.2d 767 CITIZENS SOUTHERN NATIONAL BANK v. MORGAN. 53749.Court of Appeals of Georgia.ARGUED APRIL 4, 1977. DECIDED MAY 19, 1977. McMURRAY, Judge. This case involves a suit on a note (conditional sales contract — motor vehicle) with reference to the purchase of an automobile which was transferred and assigned to the bank by the […]

557 S.E.2d 494 IN THE INTEREST OF K. S. K., A CHILD. A02A0360.Court of Appeals of Georgia. DECIDED: DECEMBER 14, 2001 PHIPPS, Judge. K. S. K.’s mother, S. K., appeals termination of her parental rights. She challenges the termination order on grounds of evidentiary insufficiency, and she contends that the trial court erred in denying […]

129 S.E.2d 812 FRITH v. LIBERTY MUTUAL INSURANCE COMPANY et al. 39849.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1963. Findings of fact by the State Board of Workmen’s Compensation must be based on evidence adduced in the hearing before the board or the deputy director or from evidence introduced in the record by way […]

536 S.E.2d 536 KINARD v. WORLDCOM, INC. A00A0131.Court of Appeals of Georgia. DECIDED: JUNE 26, 2000 POPE, Presiding Judge. William Kinard appeals a superior court order awarding Worldcom, Inc. $65,150 in attorney fees and expenses. Kinard argues that the trial court misapplied O.C.G.A. § 9-15-14 because the underlying action was substantially justified and he presented […]

318 S.E.2d 83 WALLACE v. THE STATE. 68075.Court of Appeals of Georgia. DECIDED APRIL 11, 1984. POPE, Judge. Tony Wallace was convicted of violating the Georgia Controlled Substances Act and sentenced to serve six years of imprisonment. His appointed counsel has filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (87 […]

182 S.E.2d 492 PALMER CHEMICAL EQUIPMENT COMPANY, INC. v. GANTT (two cases). 45866, 45867.Court of Appeals of Georgia.ARGUED JANUARY 8, 1971. DECIDED APRIL 7, 1971. REHEARING DENIED APRIL 28, 1971. QUILLIAN, Judge. In case 45866 Tracy R. Gantt, a minor, filed suit by next friend for damages against Palmer Chemical Equipment Company, Inc. The petition […]

629 S.E.2d 529 IN THE INTEREST OF J.K. et al., children. A05A1789.Court of Appeals of Georgia. DECIDED MARCH 30, 2006. BLACKBURN, Presiding Judge. The juvenile court of Gwinnett County terminated the parental rights of the mother of J.K. and J.K. II, seven-year-old twin girls. The mother appeals, challenging the sufficiency of the evidence. For reasons […]

427 S.E.2d 555 WURLITZER COMPANY v. WATSON. A92A2300.Court of Appeals of Georgia. DECIDED JANUARY 25, 1993. McMURRAY, Presiding Judge. The Wurlitzer Company brought suit against Tom Watson, Inc., d/b/a Mid South Piano Company, Tom Watson and Judy Watson in the Superior Court of Floyd County. The complaint alleged that defendants were indebted to plaintiff, jointly […]

176 S.E.2d 184 BURNET et al. v. BAZEMORE, by Next Friend, et al. 44916.Court of Appeals of Georgia.ARGUED JANUARY 5, 1970. DECIDED APRIL 10, 1970. REHEARING DENIED JUNE 22, 1970. QUILLIAN, Judge. After the rendition of a verdict and judgment adverse to them, the appellants made a motion for judgment notwithstanding the verdict and simultaneously […]

531 S.E.2d 134 GFA BUSINESS SOLUTIONS, INC. et al. v. GREENWAY INSURANCE AGENCY, INC. et al. A99A2373.Court of Appeals of Georgia. DECIDED: MARCH 10, 2000 RUFFIN, Judge. This case involves whether an insurance agency may be held liable for breach of contract and fraud if its manager agrees to procure insurance for a client, but […]

656 S.E.2d 546 BOSTIC v. THE STATE. No. A07A2112.Court of Appeals of Georgia. DECIDED JANUARY 16, 2008. MIKELL, Judge. After a jury trial, Kojo Kenyatta Bostic was convicted of several misdemeanor offenses, including simple assault, criminal trespass, fleeing and attempting to elude police, and reckless driving. On appeal, Bostic contends that the trial court erred […]

271 S.E.2d 671 WOODARD v. THE STATE. 60018.Court of Appeals of Georgia.SUBMITTED JUNE 16, 1980. DECIDED SEPTEMBER 3, 1980. SHULMAN, Judge. Defendant appeals his conviction of the offense of armed robbery. We affirm. 1. Appellant contends that his character was impermissibly placed in issue when a police officer testified at trial that he found an […]

98 S.E.2d 410 THE BORDEN COMPANY et al. v. FUERLINGER. 36512.Court of Appeals of Georgia. DECIDED APRIL 17, 1957. 1. Where there is sufficient competent evidence in the record to support an award of the State Board of Workmen’s Compensation, and the award is not the result of an erroneous ruling of the board, it […]

154 S.E.2d 29 STATE HIGHWAY DEPARTMENT v. AUGUSTA DISTRICT OF NORTH GEORGIA CONFERENCE OF THE METHODIST CHURCH. 42563.Court of Appeals of Georgia.ARGUED JANUARY 10, 1967. DECIDED FEBRUARY 3, 1967. 1. (a) If shown to affect adversely the value and use of the condemnee’s remaining property, evidence of noise and other elements may be taken into […]

391 S.E.2d 11 EVANS v. GREEN et al. A89A1755.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1990. BEASLEY, Judge. Evans appeals the dismissal of his complaint alleging violations of 42 USCA § 1983 against Warden Green, Lt. Gibbs, and Officers Milner, Butts, and Harrison, all members of the staff at the institution where Evans was […]

445 S.E.2d 380 CAFAGNO v. HAGAN et al. A94A0674.Court of Appeals of Georgia. DECIDED JUNE 23, 1994. SMITH, Judge. Linda and Albert Hagan filed a petition to adopt their granddaughter, alleging that the child’s natural parents had significantly failed without justifiable cause to provide for her care and support as required by law and judicial […]

170 S.E.2d 48 MAHONE v. THE STATE. 44597.Court of Appeals of Georgia.ARGUED JULY 8, 1969. DECIDED SEPTEMBER 2, 1969. BELL, Presiding Judge. 1. Defendant was indicted for the offense of murder and convicted of voluntary manslaughter. During the trial the investigating police officer testified on cross examination that he had made a report of his […]

354 S.E.2d 872 CANDLER GENERAL HOSPITAL, INC. v. McNORRILL. 73220.Court of Appeals of Georgia. DECIDED MARCH 11, 1987. CARLEY, Judge. Appellee-plaintiff filed the instant action to recover for a physical injury he allegedly sustained while a patient in appellant-defendant’s emergency room. With regard to appellee’s injury, the allegations of his complaint were as follows: A […]

148 S.E.2d 915 GEORGIA POWER COMPANY v. FLETCHER. 41919.Court of Appeals of Georgia.SUBMITTED APRIL 4, 1966. DECIDED APRIL 29, 1966. 1. This case was docketed in this court February 23, 1966, and the brief and enumeration of errors were filed March 9. The motion to dismiss on the ground that these were not timely filed […]

512 S.E.2d 321 TYNER v. COMFORT REST SLEEP PRODUCTS, INC. A98A2262.Court of Appeals of Georgia. DECIDED: FEBRUARY 11, 1999. JOHNSON, Chief Judge. Lynda Tyner appeals from the grant of summary judgment to Comfort Rest Sleep Products, Inc. (“Comfort Rest”) in her wrongful death action brought against Comfort Rest and its employee, Khampiang Boriboune. The case […]

625 S.E.2d 489 MORSE v. THE STATE. A05A1606.Court of Appeals of Georgia. DECIDED DECEMBER 16, 2005. BERNES, Judge. A Muscogee County jury found Jerome Morse guilty of one count of failure to report a collision with an unattended vehicle, one count of fleeing or attempting to elude a police officer, and two counts of resisting, […]

214 S.E.2d 188 SYKES v. THE STATE. 50070.Court of Appeals of Georgia.SUBMITTED JANUARY 6, 1975. DECIDED MARCH 12, 1975. BELL, Chief Judge. The defendant was convicted and sentenced for the possession of 29 cases of beer for the purpose of sale without first having obtained a license. 1. Defendant alleges that the trial court erred […]

507 S.E.2d 810 VICKERS v. THE STATE. A98A1420.Court of Appeals of Georgia. DECIDED SEPTEMBER 29, 1998. McMURRAY, Presiding Judge. Defendant was charged in an indictment with two counts of violating the Georgia Controlled Substances Act, by “unlawfully possess[ing] Cocaine” (Count 1) and by “unlawfully possess[ing] Marijuana, in an amount less than one ounce” (Count 2). […]

521 S.E.2d 678 HUBBARD v. THE STATE. A99A1040.Court of Appeals of Georgia. DECIDED: AUGUST 17, 1999. PHIPPS, Judge. Following denial of his motion for new trial, Wayne Hubbard appeals his convictions of theft by receiving a stolen motor vehicle and possession of a motor vehicle with identification removed. Lloyd Fielden’s 1986 Chevrolet Silverado pickup truck […]

572 S.E.2d 401 SHELTON v. THE STATE. A02A1609.Court of Appeals of Georgia. Decided October 11, 2002. SMITH, Presiding Judge. Johnny Shelton Jr. was charged by accusation with one count each of selling cocaine, selling cocaine within 1,000 feet of a school, and selling cocaine within 1,000 feet of a public park. The trial court directed […]

418 S.E.2d 157 CALLAHAN et al. v. THE STATE (two cases). A92A0293, A92A0294.Court of Appeals of Georgia. DECIDED APRIL 10, 1992. McMURRAY, Presiding Judge. Defendants Daniel Claude Callahan, Sr. and Cheryl Morris Callahan were charged jointly in a multi-count indictment with four counts of child molestation (Counts 1 through 4), aggravated sexual battery (Count 5), […]

353 S.E.2d 567 SOUTHWIRE COMPANY v. EASON. 73268.Court of Appeals of Georgia. DECIDED JANUARY 26, 1987. REHEARING DENIED FEBRUARY 10, 1987. POPE, Judge. This is a discretionary appeal from a workers’ compensation case. The claimant has a form of heart disease called Prinzmetal’s angina pectoris, which is characterized by spontaneous and recurrent arterial spasms. Claimant […]