Category: Georgia Court of Appeals Opinions

353 S.E.2d 551 WALKER v. KROGER COMPANY; and vice versa. 73285, 73286.Court of Appeals of Georgia. DECIDED JANUARY 21, 1987. REHEARING DENIED FEBRUARY 12, 1987. DEEN, Presiding Judge. The evidence shows that Walker entered a Kroger store on July 28, 1981, and became involved in some sort of dispute with a cashier as to the […]

246 S.E.2d 740 MOORE v. THE STATE. 55915.Court of Appeals of Georgia.SUBMITTED JUNE 5, 1978. DECIDED JULY 3, 1978. BANKE, Judge. The defendant appeals his conviction for armed robbery Held: 1. The victim’s eyewitness identification of the defendant amply supported the verdict. 2. The testimony that the victim chose the defendant’s photograph from a book […]

171 S.E.2d 373 TEMPERATURE CONTROL, INC. v. DIVERSIFIED ENGINEERING, INC. 44490.Court of Appeals of Georgia.ARGUED JUNE 4, 1969. DECIDED OCTOBER 21, 1969. JORDAN, Presiding Judge. Temperature Control, Inc., commenced this action against Diversified Engineering, Inc., seeking judgment for $39,610.23 based on an alleged past due account. The opening paragraph of the answer reads, “Comes now […]

162 S.E.2d 761 CARPENTER v. STANLEY et al.; and vice versa. 43681, 43682.Court of Appeals of Georgia.SUBMITTED JUNE 5, 1968. DECIDED JUNE 21, 1968. REHEARING DENIED JUNE 28, 1968. PANNELL, Judge. J. Harvey Carpenter brought suit against Robert Wade Stanley and Millard Greer in the Superior Court of Floyd County seeking recovery for damages arising […]

702 S.E.2d 691 CUMMINGS v. THE STATE. No. A10A1524.Court of Appeals of Georgia. DECIDED OCTOBER 6, 2010. MILLER, Chief Judge. Following a jury trial, Johnny Cummings, Jr., was convicted of aggravated assault (OCGA § 16-5-21 (a)) and possession of a firearm during the commission of a felony (OCGA § 16-11-106). On appeal, he contends that […]

454 S.E.2d 620 EVERETT v. THE STATE. A94A2270.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1995. SMITH, Judge. Gary Kenneth Everett was charged in a two-count indictment with homicide by vehicle in the first degree, OCGA § 40-6-393, and with violating OCGA § 40-5-58 by driving without a valid driver’s license after his license had […]

349 S.E.2d 23 THORNTON et al. v. THE STATE. 72617.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 1986. SOGNIER, Judge. Larry Thornton and his wife were convicted of criminal solicitation by offering another person money to commit aggravated battery on James Wix. On the second day of trial appellants withdrew their pleas of not guilty […]

591 S.E.2d 493 MIDDLETON v. THE STATE. A03A1892Court of Appeals of Georgia. DECIDED: DECEMBER 11, 2003 MILLER, Judge. Ronald Middleton pled guilty to theft by conversion and requested that the court accord him first-offender treatment. Noting that Middleton’s prior South Carolina conviction appeared to be a felony, the court declined and sentenced Middleton to five […]

581 S.E.2d 390 HOLMES v. ACHOR CENTER, INC. A03A0240.Court of Appeals of Georgia. Decided April 15, 2003. SMITH, Chief Judge. The appellant in this action adds yet another chapter to the seemingly endless saga of his pro se journey through the courts. As we observed on the most recent occasion, [o]ver the last seven years, […]

409 S.E.2d 881 DEPARTMENT OF MEDICAL ASSISTANCE v. PRESBYTERIAN HOME, INC. A91A0034.Court of Appeals of Georgia. DECIDED JULY 31, 1991. RECONSIDERATION DENIED SEPTEMBER 3, 1991. BANKE, Presiding Judge. The Presbyterian Home, Inc., (Presbyterian) provides nursing home services to Medicaid patients in Georgia for which it is reimbursed through a contract with the Georgia Department of […]

397 S.E.2d 135 TRANSUS, INC. et al. v. CROSBY et al. A90A1413.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1990. REHEARING DENIED SEPTEMBER 17, 1990. DEEN, Presiding Judge. This appeal is from a judgment in a wrongful death action arising out of a vehicular collision between an automobile driven by the decedent, appellee Crosby’s wife, […]

473 S.E.2d 186 BLACK v. THE STATE. A96A0400.Court of Appeals of Georgia. DECIDED JUNE 18, 1996 — RECONSIDERATION DENIED JULY 3, 1996 — CERT. APPLIED FOR Judge Harold R. Banke. William Douglas Black was convicted of two counts of aggravated assault, two counts of interference with government property, driving while intoxicated, reckless driving, attempting to […]

356 S.E.2d 727 BROWN v. SOUTHWEST GEORGIA PRODUCTION CREDIT ASSOCIATION. 74146.Court of Appeals of Georgia. DECIDED APRIL 17, 1987. BANKE, Presiding Judge. The Southwest Georgia Production Credit Association (hereinafter “the credit association”) sued Otto Brown to recover a balance of $35,055 allegedly owed on a promissory note. On appeal from the grant of the credit […]

382 S.E.2d 612 JONES v. STATE OF GEORGIA. A89A0974.Court of Appeals of Georgia. DECIDED MAY 2, 1989. REHEARING DENIED MAY 15, 1989. McMURRAY, Presiding Judge. In 1981, appellant Billy Joe Jones was indicted for the murder of his mother and two half-sisters. Following a jury trial, at which Judge W. F. Blanks presided, appellant was […]

572 S.E.2d 79 NOBEL INSURANCE COMPANY v. SHACKLEFORD et al. A02A2070.Court of Appeals of Georgia. Decided October 4, 2002 BLACKBURN, Chief Judge. In this action to domesticate and enforce a Florida judgment for money damages, Nobel Insurance Company appeals the trial court’s dismissal of its prior order domesticating the Florida judgment on the grounds that […]

98 S.E.2d 605 WILLINGHAM FINANCE COMPANY, INC. v. WALDEN et al. 36715.Court of Appeals of Georgia. DECIDED MAY 17, 1957. FELTON, C. J. The writ of error is defective for two reasons: 1. It does not show on its face that it was tendered to the trial judge within the time prescribed by law, and, […]

608 S.E.2d 545 DANIELS MORTUARY CREMATORY, INC. et al. v. BUSINESS LOAN CENTER, LLC. A04A1636.Court of Appeals of Georgia. DECIDED DECEMBER 13, 2004. MILLER, Judge. A trial court issued an order confirming the sale of a funeral home in foreclosure. The previous owners appeal, arguing that there was no evidence to support the confirmation order. […]

312 S.E.2d 846 KOETS, INC. v. BENVENISTE et al. 66344.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1983. REHEARING DENIED DECEMBER 20, 1983. SOGNIER, Judge. Morris and Marilyn Benveniste, purchasers, sued Koets, Inc. (Koets), vendor, to recover $15,000 earnest money paid at the time the parties entered into a real estate sales contract for the […]

115 S.E.2d 469 SHIRLEY v. CITY OF COLLEGE PARK. 38323.Court of Appeals of Georgia. DECIDED JUNE 29, 1960. GARDNER, Presiding Judge. 1. Since the offense of driving while under the influence of intoxicants is a State offense, the Judge of the Recorder’s Court of the City of College Park did not err in binding the […]

111 S.E.2d 766 BROYLES, Assignee v. JOHNSON. 37689.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1959. REHEARING DENIED OCTOBER 26, 1959. The petition stated a cause of action, and the trial court erred in sustaining the general demurrer thereto. DECIDED OCTOBER 2, 1959 — REHEARING DENIED OCTOBER 26, 1959. Action on contract. Fulton Civil Court. […]

205 S.E.2d 49 WALKER et al. v. THE STATE. 48755.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1973. DECIDED FEBRUARY 12, 1974. CLARK, Judge. Walker and Dupree have brought this appeal from convictions on three offenses: (1) Possession of tools for the commission of a crime; (2) use of a motor vehicle license plate for the […]

114 S.E.2d 302 BARFIELD v. HARRISON. 38108.Court of Appeals of Georgia. DECIDED APRIL 12, 1960. Under the Uniform Reciprocal Enforcement of Support Act (Ga. L. 1958, pp. 34, 37), 1. A father in Georgia is liable for the support of his minor child under 18 years of age, although residing in another State, and if […]

206 S.E.2d 839 STATE FARM FIRE CASUALTY COMPANY et al. v. THIGPEN et al. 48900.Court of Appeals of Georgia.ARGUED JANUARY 16, 1974. DECIDED APRIL 4, 1974. REHEARING DENIED APRIL 18, 1974. DEEN, Judge. This appeal is brought from the denial of summary judgment motions of State Farm Fire Casualty Co., and Georgia Farm Bureau Mutual […]

405 S.E.2d 546 FENNELL et al. v. MAX RITTENBAUM, INC. A91A0265.Court of Appeals of Georgia. DECIDED APRIL 11, 1991. REHEARING DENIED APRIL 30, 1991. BIRDSONG, Presiding Judge. Appellant Joyce Fennell brought suit for injuries sustained when she was struck by a forklift operated by an employee of appellee Max Rittenbaum, Inc. d/b/a Clean Rite Products […]

491 S.E.2d 81 LONGINO v. THE BANK OF ELLIJAY et al. A97A1534.Court of Appeals of Georgia. DECIDED JULY 28, 1997 — RECONSIDERATION DENIED AUGUST 7, 1997 — CERT. APPLIED FOR. ELDRIDGE, Judge. The appellant, John T. Longino, who is an attorney, filed suit in the case sub judice against the appellees, the Bank of Ellijay […]

274 S.E.2d 692 HAYSLIP v. WILLIAMS. 60791.Court of Appeals of Georgia.ARGUED OCTOBER 8, 1980. DECIDED OCTOBER 31, 1980. McMURRAY, Presiding Judge. This case involves an adoption proceeding filed March 15, 1979. The petitioner in the trial court is the stepfather of the minor child who is married to the child’s natural mother. The natural mother […]

439 S.E.2d 712 BLUM v. RES ASSOCIATES, LTD. A93A1375.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1993. RECONSIDERATION DENIED DECEMBER 20, 1993. COOPER, Judge. Appellant appeals the trial court’s grant of directed verdict in favor of appellee. Appellant stored his airplane at Gwinnett County Airport from 1976 or 1977 until 1988 when he discovered the […]

679 S.E.2d 121 HUGHES v. THE STATE. No. A09A1394.Court of Appeals of Georgia. DECIDED MAY 22, 2009. BLACKBURN, Presiding Judge. His conviction for child molestation having been affirmed by this Court in a prior appeal (see Hughes v. State[1] ), Robert Hughes appeals the trial court’s order that as part of that prior appeal supplemented […]

398 S.E.2d 787 CHEELEY et al. v. HENDERSON; and vice versa. A90A1485, A90A1486.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1990. REHEARINGS DENIED NOVEMBER 14, 1990. SOGNIER, Judge. Robert Henderson brought a legal malpractice action against Robert Cheeley, Joseph Cheeley, Jr., Cheeley Chandler, and Joseph E. Cheeley, Jr., P. C. (hereinafter referred to collectively as […]

360 S.E.2d 37 NEW YORK INSURANCE COMPANY et al. v. WILLETT. 73667.Court of Appeals of Georgia. DECIDED JULY 8, 1987. REHEARING DENIED JULY 22, 1987. BEASLEY, Judge. This is an appeal by defendant joint venturers, collectively “Village Square-Nautilus,” from the denial of their motion for new trial following an unfavorable jury verdict and judgment in […]

118 S.E.2d 871 CURRY v. DURDEN et al. 38745.Court of Appeals of Georgia. DECIDED MARCH 16, 1961. TOWNSEND, Presiding Judge. 1. “In order for the directing of a verdict to be error, it must appear that there was some evidence, together with all reasonable deductions and inferences from it, to support a verdict for the […]

159 S.E.2d 501 DILLS v. COOPER. 43259.Court of Appeals of Georgia.ARGUED JANUARY 5, 1968. DECIDED JANUARY 15, 1968. PANNELL, Judge. 1. “Negligence on the part of one alleged to be a joint tortfeasor is not too remote as a matter of law to enter into the proximate cause of injury inflicted on a non negligent […]

203 S.E.2d 575 BUFFINGTON v. McCLELLAND. 48421.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1973. DECIDED NOVEMBER 29, 1973. REHEARING DENIED DECEMBER 18, 1973. HALL, Presiding Judge. Plaintiff-appellee McClelland is an attorney at law who previously represented appellant Buffington in litigation. Buffington refused to pay McClelland’s fee; McClelland sued to collect and obtained a jury verdict […]

115 S.E.2d 263 FIREMAN’S FUND INDEMNITY COMPANY v. MOSAIC TILE COMPANY et al. 38133.Court of Appeals of Georgia. DECIDED MAY 9, 1960. REHEARING DENIED MAY 23, 1960. A contract of insurance clearly defining the meaning of “insured” leaving no ambiguity or deceptive verbiage, is not open to construction, and the literal meaning must be attributed […]

199 S.E.2d 127 HAIRE v. BRANCH. 48176.Court of Appeals of Georgia.SUBMITTED MAY 8, 1973. DECIDED MAY 30, 1973. EVANS, Judge. Sherry Dianne Branch filed a complaint under the Georgia Uniform Reciprocal Enforcement of Support Act (Ga. L. 1958, p. 34; Code Ann. Ch. 99-9a) in the Superior Court of Tift County by and through W. […]

229 S.E.2d 94 NEWTON v. BURKS et al. 52366.Court of Appeals of Georgia.ARGUED JULY 12, 1976. DECIDED SEPTEMBER 10, 1976. REHEARING DENIED SEPTEMBER 23, 1976. CLARK, Judge. Defendants below have brought this appeal upon the ground that the trial court erred in directing a verdict for plaintiffs. The litigation revolved around an aborted sale of […]

332 S.E.2d 299 ANDREWS v. THE STATE. 69840.Court of Appeals of Georgia. DECIDED APRIL 29, 1985. REHEARING DENIED JUNE 4, 1985. DEEN, Presiding Judge. In December 1983 a Cobb County jury found appellant William Donald Andrews guilty of aggravated assault and aggravated battery in connection with a shooting incident that had occurred in August of […]

332 S.E.2d 39 IN THE INTEREST OF M. M. A. 69966.Court of Appeals of Georgia. DECIDED MAY 30, 1985. DEEN, Presiding Judge. This appeal arises from a petition filed in juvenile court by the Department of Human Resources through the Worth County Department of Family and Children Services (DFCS), alleging that M. M. A. was […]

108 S.E.2d 103 TAYLOR v. CENTRAL OF GEORGIA RAILWAY COMPANY. 37451.Court of Appeals of Georgia. DECIDED JANUARY 15, 1959. REHEARING DENIED MARCH 9, 1959. TOWNSEND, Judge. 1. The Central of Georgia Railway Company obtained default judgments against S.E. Taylor, the largest of which was in the sum of $10,953.96, and subsequently levied this execution upon […]

536 S.E.2d 172 HUDSON v. J. H. HARVEY COMPANY. A00A0664.Court of Appeals of Georgia. DECIDED: JUNE 13, 2000 POPE, Presiding Judge. Eddie Lee Hudson sued J. H. Harvey Company for damages after she slipped and fell in a Harvey’s supermarket. Hudson appeals the trial court’s grant of summary judgement in favor of Harvey. Because there […]

341 S.E.2d 310 BONES v. THE STATE. 71885.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 1986. DEEN, Presiding Judge. Benjamin Bones was convicted of one count of robbery, one count of rape and one count of simple battery. The evidence showed that he ran up and attacked the victim while she was crossing the railroad […]

23 S.E.2d 523 JOHN DEERE PLOW COMPANY v. HEAD. 29580.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1942. 1. In the present case, where in the cross-action filed by the defendant it was alleged that the plaintiff committed a trespass upon his premises, and that the plaintiff’s described misconduct caused the defendant to become frightened […]

50 S.E.2d 27 MANRY v. SELPH. 32208.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1948. A written agreement between the owner of property and a real-estate agent, providing that the agent shall receive a commission of 5% on the selling price, if he sells the property at a stipulated price or if the owner sells […]

529 S.E.2d 201 BALDWIN v. THE STATE. A99A2106.Court of Appeals of Georgia. DECIDED: FEBRUARY 2, 2000. RUFFIN, Judge. George Baldwin pled guilty to armed robbery. He appeals, contending that the trial court erred in conducting the guilty plea hearing and in denying his motion to withdraw the plea. For reasons discussed below, we affirm. The […]

467 S.E.2d 203 GREEN v. THE STATE A95A2241Court of Appeals of Georgia. DECIDED JANUARY 19, 1996 BEASLEY, Chief Judge. Green was convicted of armed robbery (16-8-41) and possession of a firearm during the commission of a crime (16-11-106). Green’s motion for a new trial was denied and he appeals. We view the evidence in a […]

310 S.E.2d 734 HOLLOMAN v. THE STATE. 66437.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1983. REHEARING DENIED NOVEMBER 1, 1983. CARLEY, Judge. Appellant was indicted for burglary and was convicted of theft by receiving stolen property. He appeals his conviction. 1. Appellant enumerates as error the trial court’s failure to grant his motion for […]

534 S.E.2d 81 ALFORD v. THE STATE. A99A2436.Court of Appeals of Georgia. DECIDED: MARCH 28, 2000. SMITH, Judge. A jury found Sammy Alford guilty of rape, incest, and cruelty to children. In considering and denying Alford’s motion for new trial, the court merged Alford’s convictions and sentences for incest and rape. In this appeal, Alford […]

391 S.E.2d 26 IN THE INTEREST OF C. M., a child. A89A2062.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1990. POPE, Judge. The appellant brings this appeal from an order of the Juvenile Court of Fannin County terminating his parental rights with respect to his eleven-year-old daughter. The Department of Family Children Services (DFCS) first […]

511 S.E.2d 270 MADDOX et al. v. CUMBERLAND DISTRIBUTING SERVICES OF GEORGIA, INC. et al. A98A1936.Court of Appeals of Georgia. DECIDED: FEBRUARY 1, 1999 JOHNSON, Chief Judge. The day after an ice storm, Harold Maddox slipped and fell on a patch of ice as he got out of his tractor-trailer to accept a delivery at […]

157 S.E.2d 821 SCOTT DEVELOPMENT COMPANY INC. et al. v. MUNN. 42988.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1967. DECIDED OCTOBER 17, 1967. There was no error in overruling the general demurrer, as the allegations of the petition do not demand the conclusion as a matter of law that the plaintiff tenant failed to exercise […]

705 S.E.2d 897 McKISSICK v. AYDELOTT. No. A10A2325.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 2011. MIKELL, Judge. This is the second appearance of this case in this court. In the first, McKissick v. S. O. A., Inc. (referred to herein as “McKissick I“), [1] we reversed the grant of summary judgment to S. O. […]

305 S.E.2d 398 BURNS v. THE STATE. 65938.Court of Appeals of Georgia. DECIDED MAY 12, 1983. REHEARING DENIED MAY 27, 1983. BIRDSONG, Judge. First Degree Arson. William Len Burns was convicted of first degree arson and sentenced to twenty years, eight to serve and twelve on probation. Burns brings this appeal enumerating six alleged errors. […]

574 S.E.2d 561 McCOLLUM v. STATE. A02A1586.Court of Appeals of Georgia. DECIDED: NOVEMBER 6, 2002 BARNES, Judge. Following a second jury trial[1] and the denial of her motion for a new trial, Nan McCollum appeals her conviction for trafficking in amphetamine. She enumerates as error the denials of her motion to suppress and motion for […]

331 S.E.2d 34 SPARKS v. PINE FOREST ENTERPRISES, INC. McCAMPBELL v. PINE FOREST ENTERPRISES, INC. 69804, 69805.Court of Appeals of Georgia. DECIDED APRIL 17, 1985. DEEN, Presiding Judge. Appellants in the two captioned cases both suffered injuries when, at different times and in different specific locations, they slipped and fell on outside steps leading to […]

437 S.E.2d 497 GOVERNMENT EMPLOYEES INSURANCE COMPANY v. WILLIAMS. A93A2328.Court of Appeals of Georgia. DECIDED NOVEMBER 8, 1993. BLACKBURN, Judge. On August 25, 1987, the appellee, Ellis Williams, completed an application for automobile insurance with the Government Employees Insurance Company (GEICO). A section of that application gave Williams the option of accepting or rejecting additional […]

197 S.E.2d 381 GATES v. AETNA INSURANCE COMPANY et al. 47912.Court of Appeals of Georgia.ARGUED FEBRUARY 8, 1973. DECIDED MARCH 16, 1973. HALL, Presiding Judge. Claimant appeals from the judgment of the superior court affirming an award of the State Board of Workmen’s Compensation. Page 547 Claimant injured his back in the course of his […]

623 S.E.2d 732 DANFORTH v. BULMAN. A05A1570.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 2005. PHIPPS, Judge. Sarah Danforth sued Elizabeth Bulman and her son Aaron Bulman for injuries she sustained in a May 12, 2003 collision between her car and a car driven by Aaron Bulman. She asserted claims against Elizabeth Bulman under the […]

363 S.E.2d 52 HENDERSON v. THE STATE. 75077.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1987. POPE, Judge. Defendant Roosevelt Henderson was convicted of possession of marijuana with intent to distribute and escape from custody. At the time of his arrest, he had been carrying a brown paper bag which contained nineteen smaller manilla envelopes […]

342 S.E.2d 367 IN RE D. H. et al. No. 71209.Court of Appeals of Georgia. DECIDED MARCH 5, 1986. BANKE, Chief Judge. On February 14, 1985, the Juvenile Court of Dawson County entered an emergency shelter care order granting immediate custody of three of the appellants’ six children (ages 13, 11, and 9) to the […]

226 S.E.2d 287 PHILLIPS et al. v. HERTZ COMMERCIAL LEASING CORPORATION. 52014.Court of Appeals of Georgia.ARGUED APRIL 12, 1976. DECIDED APRIL 22, 1976. This is an appeal from the granting of summary judgment in favor of the plaintiff-lessor. The plaintiff introduced a copy of the lease agreement, containing the following signatures: “Phillips Ceramic Tile Installation […]

387 S.E.2d 647 WITHERS v. THE STATE. A89A1202.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1989. BIRDSONG, Judge. Edward G. Withers, Jr., appeals pro se the criminal judgment entered on October 19, 1987. Withers was indicted for trafficking in cocaine. The judgment of the court was founded upon Withers’ plea of guilty to a reduced […]

231 S.E.2d 481 ORKIN et al. v. THE STATE; and vice versa. 52725, 52726.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1976. DECIDED NOVEMBER 17, 1976. REHEARING DENIED DECEMBER 3, 1976. DEEN, Presiding Judge. 1. This appeal stems from the denial of an extraordinary motion for new trial in the case reported in Orkin v. State, […]

346 S.E.2d 111 THE STATE v. WILSON. 71665.Court of Appeals of Georgia. DECIDED JUNE 10, 1986. BEASLEY, Judge. Wilson was arrested and charged with burglary (OCGA § 16-7-1) and possession of tools for the commission of a crime (OCGA §16-7-20). The trial court granted his motion to suppress a screw driver, razor, clothes, an undetermined […]

372 S.E.2d 657 MILLER v. HANDS. 76996.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1988. DEEN, Presiding Judge. In May 1984 appellee Hands went to Crawford W. Long Hospital for diagnosis of certain symptoms which she feared might indicate, inter alia, a heart attack. After undergoing a battery of tests, she was wheeled on a […]

487 S.E.2d 657 HOLT v. SCOTT; and vice versa. A97A1047, A97A1048.Court of Appeals of Georgia. DECIDED JUNE 12, 1997. CERT. APPLIED FOR. McMURRAY, Presiding Judge. Plaintiff Zelma Lee Holt brought this tort action against defendant Michael David Scott in the Superior Court of Webster County, Georgia, alleging that while she “was a passenger in a […]

290 S.E.2d 208 ALL-PHASE ELECTRIC SUPPLY COMPANY v. TRANSAMERICA INSURANCE COMPANY et al. 63451.Court of Appeals of Georgia. DECIDED APRIL 13, 1982. BIRDSONG, Judge. Performance Bond. Ace Contracting Co., Inc. contracted to perform work at the University of Georgia and in Fayette County for two separate school construction jobs. Electrical work on each of these […]

520 S.E.2d 727 CREWS ET AL. v. ROGER WAHL, C.P.A., P.C. A99A0115.Court of Appeals of Georgia. DECIDED: JULY 8, 1999. POPE, Presiding Judge. Roger Wahl was the sole shareholder of Roger Wahl, C.P.A., P.C., and worked there from the time it opened until March 1993, when Wahl was being investigated for federal income tax evasion. […]

190 S.E.2d 117 THIGPEN v. KOCH et al. 46769.Court of Appeals of Georgia.SUBMITTED JANUARY 3, 1972. DECIDED APRIL 6, 1972. REHEARING DENIED MAY 3, 1972. 1. (a) Where a motion to dismiss is addressed to an entire pleading, and a motion to strike is addressed to an entire paragraph of the pleading, the motions are […]

497 S.E.2d 627 NATIONAL LOAN INVESTORS L.P. v. SATRAN. AYLWARD v. SATRAN. A97A2127. A97A2128.Court of Appeals of Georgia. DECIDED MARCH 9, 1998. RUFFIN, Judge. Neal Satran, d/b/a Satran Marino, P.A., filed a garnishment against Wickliffe Company (“Wickliffe”), seeking to garnish $50,656 that Wickliffe owed to Parco, Engineering, Inc. (“Parco”). In its answer, Wickliffe stated that […]

181 S.E.2d 310 NORMAN et al. v. WALKER. 45714.Court of Appeals of Georgia.ARGUED OCTOBER 8, 1970. DECIDED FEBRUARY 15, 1971. EVANS, Judge. This case arose when the plaintiff, Mrs. Opal C. Griffin, filed her suit for damages against the two defendants Norman and Ball Materials Co., Inc., in the Superior Court of Fulton County. The […]

239 S.E.2d 219 WILLS v. ST. PAUL FIRE MARINE INSURANCE COMPANY et al. 54304.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1977. DECIDED OCTOBER 18, 1977. BIRDSONG, Judge. This appeal arises from a workmen’s compensation case. Claimant, the appellant Wills, was employed by Lee’s Farm Service, Inc. While engaged upon his employer’s business, Wills fell approximately […]

477 S.E.2d 414 SAMUELS v. THE STATE. A96A2141.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1996. ELDRIDGE, Judge. Appellant, Jermaine Samuels, appeals his conviction for the offenses of armed robbery, kidnapping, aggravated assault, and burglary, arising from an incident which occurred in the early morning hours of December 31, 1993, in Macon, Bibb County, Georgia.[1] […]

33 S.E.2d 451 WILLIAMS v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. 30757.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 1945. REHEARING DENIED MARCH 21, 1945. 1. Where a rule of the employer requires the employee to report to the premises of the employer thirty minutes before the time at which the employee is to […]

224 S.E.2d 100 MACKEL et al. v. SHERATON BILTMORE HOTEL et al. 51544.Court of Appeals of Georgia.ARGUED JANUARY 14, 1976. DECIDED JANUARY 30, 1976. WEBB, Judge. This is an appeal from the grant of summary judgment to defendants in a premises liability case. For reasons alluded to in Peachtree Bottle Shop v. Bessemer Securities Corp., […]

288 S.E.2d 839 TURNER et al. v. WILMOUTH. 62748.Court of Appeals of Georgia. DECIDED JANUARY 19, 1982. BIRDSONG, Judge. Oral contract for house repairs. Mr. and Mrs. Turner engaged the services of the appellee Wilmouth to restore and repair a run-down house. Wilmouth agreed to refurbish the entire inside of the house, replacing plumbing, refinishing […]

566 S.E.2d 387 IN THE INTEREST OF C. F., JR., a child. A02A0210.Court of Appeals of Georgia. DECIDED: JUNE 4, 2002 MILLER, Judge. A juvenile court found C.F. guilty of kidnapping, burglary, possession of a firearm during the commission of a crime, and two counts of aggravated assault. On appeal C.F. contends that (1) the […]

408 S.E.2d 153 CRIDISO v. THE STATE. A91A0455.Court of Appeals of Georgia. DECIDED JULY 8, 1991. COOPER, Judge. Appellant was convicted by a jury of burglary and appeals the denial of his motion for new trial raising five enumerations of error. 1. Appellant first argues that the trial court erred in admitting similar crime evidence […]

118 S.E.2d 502 COOK MOTOR COMPANY OF PANAMA CITY, INC. v. RICHARDSON. 38638.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1961. CARLISLE, Judge. In this case the allegations of the petition in trover, as amended, show that the defendant, an individual doing business as a used automobile dealer, is in possession of certain described automobiles […]

260 S.E.2d 509 OWENS-ILLINOIS, INC. v. DOUGLAS. 58040.Court of Appeals of Georgia.SUBMITTED MAY 30, 1979. DECIDED SEPTEMBER 5, 1979. REHEARING DENIED SEPTEMBER 20, 1979. CARLEY, Judge. During the course of his employment appellee sustained an electrical shock with resulting injuries. A hearing was held “to determine the percentage of disability, if any, to a specific […]

152 S.E.2d 702 STONE v. CITIZENS CASUALTY COMPANY et al. 42436.Court of Appeals of Georgia.SUBMITTED NOVEMBER 8, 1966. DECIDED DECEMBER 2, 1966. REHEARING DENIED DECEMBER 15, 1966. FELTON, Chief Judge. The compromise settlement of this workmen’s compensation claim was made and approved in accordance with all of the provisions of Code Ann. § 114-106 (Ga. […]

278 S.E.2d 109 STORM SYSTEMS, INC. v. KIDD. 61124.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1981. SHULMAN, Presiding Judge. Appellant-defendant brings this appeal from a verdict and judgment awarding appellee-plaintiff $24,420 on his claim for breach of express and implied warranties covering certain equipment Page 528 manufactured by appellant. We affirm. 1. Appellant is […]

671 S.E.2d 859 GILLIAM v. THE STATE. No. A08A2207.Court of Appeals of Georgia. DECIDED DECEMBER 19, 2008. JOHNSON, Presiding Judge. Scott Gilliam was convicted of driving under the influence of alcohol after a bench trial on stipulated facts. Prior to trial, the trial court denied Gilliam’s motion to suppress the results of his blood test […]

602 S.E.2d 158 BROWN v. THE STATE. A03A2255.Court of Appeals of Georgia. DECIDED JULY 1, 2004. RECONSIDERATION DENIED JULY 21, 2004. MIKELL, Judge. Monica Brown was indicted in 1997 on two counts of theft by taking and five counts of criminal attempt to commit theft by taking. The trial court dismissed the theft by taking […]

683 S.E.2d 99 BROGDON v. THE STATE. No. A09A1269.Court of Appeals of Georgia. DECIDED AUGUST 5, 2009. MIKELL, Judge. In a five-count accusation, Phillips Byrd Brogdon, Jr., was charged with DUI less safe (Count 1), DUI per se (Count 2), open container violation (Count 3), following too closely (Count 4), and disobeying a traffic control […]

651 S.E.2d 366 BAXLEY v. HAKIEL INDUSTRIES, INC. et al. No. A06A0715.Court of Appeals of Georgia. DECIDED AUGUST 15, 2007. JOHNSON, Presiding Judge. In Baxley v. Hakiel Indus., 280 Ga. App. 94 (633 SE2d 360) (2006), we affirmed the trial court’s grant of summary judgment on the ground that no material issue of fact remained […]

644 S.E.2d 896 HELTON v. THE STATE. No. A07A0386.Court of Appeals of Georgia. DECIDED APRIL 4, 2007. ELLINGTON, Judge. A Coweta County jury found Charles E. Helton guilty of felony obstruction of a police officer, OCGA § 16-10-24 (b), and interference with government property, OCGA § 16-7-24. Helton appeals from the denial of his motion […]

333 S.E.2d 633 P B CORPORATION OF AMERICA, LTD. v. ONE 1983 BMW. 70211.Court of Appeals of Georgia. DECIDED JUNE 20, 1985. REHEARING DENIED JULY 12, 1985. McMURRAY, Presiding Judge. This is an appeal from proceedings for the foreclosure of a mechanic’s lien. The property at issue is a 1983 BMW 528e automobile. The vehicle […]

300 S.E.2d 209 BALDWIN et al. v. NATIONAL BANK OF GEORGIA. 65142.Court of Appeals of Georgia. DECIDED JANUARY 26, 1983. REHEARING DENIED FEBRUARY 9, 1983. CARLEY, Judge. Appellants’ notice of appeal states that it is taken from an “order and Judgment of the State Court of Fulton County, entered on the 19[th] day of July, […]

179 S.E.2d 552 ZEEMAN MANUFACTURING COMPANY, INC. et al. v. L. R. SAMS COMPANY, INC. 45748.Court of Appeals of Georgia.ARGUED NOVEMBER 2, 1970. DECIDED NOVEMBER 16, 1970. REHEARING DENIED DECEMBER 8, 1970. 1. CPA § 6 (a) (Code Ann. § 81A-106 (a)), providing that when the period of time prescribed or allowed by an applicable […]

268 S.E.2d 755 PERRY v. THE STATE. 59552.Court of Appeals of Georgia.SUBMITTED MARCH 5, 1980. DECIDED APRIL 28, 1980. BIRDSONG, Judge. Curtis Perry was tried and convicted by jury of burglary, aggravated assault, and criminal trespass. He was sentenced to seven years concurrently on the burglary and assault, four to serve and three on probation. […]

416 S.E.2d 774 PROCTOR v. RAPID GROUP, INC. A91A2178.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1992. RECONSIDERATION DENIED MARCH 6, 1992. SOGNIER, Chief Judge. Elden Proctor brought suit against Rapid Group, Inc. seeking insurance benefits he claimed were payable to him after a vehicular accident Page 233 involving the taxicab he was driving. The […]

150 S.E.2d 172 ANDERSON v. WILSON. BROWN v. WILSON. 41831, 41832.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1966. DECIDED JULY 1, 1966. The petitions stated causes of action sufficient as against the general demurrers. ARGUED FEBRUARY 7, 1966 — DECIDED JULY 1, 1966. Action for damages. Ware Superior Court. Before Judge Hodges. These are separate […]

421 S.E.2d 713 THORNTON et al. v. WARE COUNTY HOSPITAL AUTHORITY. A92A0091.Court of Appeals of Georgia. DECIDED MAY 5, 1992. RECONSIDERATION DENIED JULY 28, 1992. COOPER, Judge. As a result of injuries Rosemary Thornton suffered during surgery, Mrs. Thornton and her husband, appellants herein, brought an action for personal injuries and loss of consortium against […]

125 S.E.2d 523 PENDRY v. ADDISON et al. 39249.Court of Appeals of Georgia. DECIDED APRIL 3, 1962. FRANKUM, Judge. J. C. Pendry filed suit against John Addison and Fred Evans seeking damages for personal injuries he sustained when he drove his truck against a farm tractor and trailer which was being driven by John Addison. […]

112 S.E.2d 295 KNOX METAL PRODUCTS, INC. v. WATSON. 37930.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1959. An objection to evidence based on one good ground is sufficient though the evidence may be inadmissible for other reasons. DECIDED DECEMBER 4, 1959. Action on contract. Waynesboro City Court. Before Judge Price. July 7, 1959. James […]

351 S.E.2d 516 CARTER v. THE STATE. 73483.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1986. BANKE, Chief Judge. Carter appeals his conviction of shoplifting, enumerating as error the trial court’s denial of a motion for mistrial which he made in response to evidence of an allegedly inculpatory statement elicited from him while in police […]

193 S.E.2d 202 BELLEW v. STATE HIGHWAY DEPARTMENT et al. 47340.Court of Appeals of Georgia.ARGUED JULY 5, 1972. DECIDED OCTOBER 13, 1972. EVANS, Judge. On July 23, 1971, A. G. Bellew, an employee of the State Highway Department of Georgia, was dismissed for “misconduct reflecting discredit” on the department, by a letter from the Director […]

387 S.E.2d 359 SWARTZEL et al. v. GARNER. A89A0834.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1989. REHEARING DENIED OCTOBER 24, 1989. CARLEY, Chief Judge. On October 29, 1982, appellant-plaintiffs and appellee-defendant were involved in a vehicular collision. On August 1, 1984, appellants filed suit against appellee. The case was called for trial on May […]