Category: Georgia Court of Appeals Opinions

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 […]

53 S.E.2d 598 SLATER v. DOWD. 32323.Court of Appeals of Georgia. DECIDED MAY 18, 1949. The court erred in giving that portion of the charge complained of in special ground 1 of the motion for a new trial. DECIDED MAY 18, 1949. Trover; from Reidsville City Court — Judge Cowart. November 1, 1948. Lazarus Dowd […]

483 S.E.2d 325 DANIEL v. LIPSCOMB. A96A1993.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1997 — RECONSIDERATION DISMISSED MARCH 5, 1997 — CERT. APPLIED FOR. BLACKBURN, Judge. Monica I. Daniel appeals the probate court’s denial of her petition to set aside its order admitting her late mother’s will to probate. The will disinherited Daniel, and […]

23 S.E.2d 564 CALLAWAY, trustee, v. PICKARD. 29711.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1942. REHEARING DENIED DECEMBER 18, 1942. The petition was good as against the general and special demurrers. The evidence authorized the verdict, which does not appear to be excessive or the result of prejudice or bias on the part of […]

195 S.E.2d 461 MURRAY v. GAMBLE et al. 47491.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 7, 1972. DECIDED JANUARY 23, 1973. BELL, Chief Judge. The plaintiffs, interior decorators, sued to recover for items of furnishings they had placed in defendant’s home. The defendant counterclaimed. Paragraph 5 of the counterclaim alleged that the plaintiffs had damaged defendant […]

534 S.E.2d 93 WATSON v. THE STATE. A00A0229.Court of Appeals of Georgia. DECIDED: APRIL 17, 2000. RUFFIN, Judge. Anton Watson appeals his convictions of entering an automobile with intent to commit theft and theft by taking. Watson claims that his trial counsel was ineffective in several respects. We disagree and affirm. The relevant facts follow. […]

456 S.E.2d 254 ROBINSON v. MEDICAL CENTER OF CENTRAL GEORGIA. A95A0273.Court of Appeals of Georgia. DECIDED MARCH 9, 1995. RECONSIDERATION DENIED MARCH 28, 1995. CERT. APPLIED FOR. BLACKBURN, Judge. Appellant/plaintiff, Milton Robinson, Sr., brought the underlying action against the appellee/defendant Medical Center of Central Georgia (Central Georgia), seeking damages of injuries he allegedly sustained while […]

347 S.E.2d 269 CALLAHAN v. THE STATE. 72405.Court of Appeals of Georgia. DECIDED JUNE 16, 1986. REHEARING DENIED JULY 1, 1986. BIRDSONG, Presiding Judge. Rolland Callahan was indicted for possession of cocaine and possession of a firearm while a convicted felon. The weapons’ possession charge was severed by the trial court. Callahan was convicted by […]

363 S.E.2d 159 MITCHELL v. MITCHELL et al. 74473.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 1987. REHEARING DENIED NOVEMBER 19, 1987. CARLEY, Judge. A series of cases ultimately culminates in this appeal. The series begins with the judgment and decree of divorce issued in 1982 by the Superior Court of Berrien County dissolving the […]

693 S.E.2d 566 GLYNN-BRUNSWICK MEMORIAL HOSPITAL AUTHORITY v. BENTON. No. A10A0671.Court of Appeals of Georgia. MARCH 31, 2010. BLACKBURN, Presiding Judge. After she slipped and fell in the lobby of the Outpatient Care Center at the Southeast Georgia Medical Center, Jean Benton initiated the current premises liability action against Glynn-Brunswick Memorial Hospital, d/b/a Southeast Georgia […]

35 S.E.2d 118 MELBA CAFETERIA INC. v. McCLELLAND et al. 31050.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1945. REHEARING DENIED DECEMBER 5, 1945. The court did not err in overruling the motion to dismiss, as the allegations of the petition, if supported by evidence were sufficient to carry the case to the jury. DECIDED […]

609 S.E.2d 763 CITY OF COLLEGE PARK v. FORTENBERRY. A04A2167.Court of Appeals of Georgia. DECIDED JANUARY 27, 2005. MILLER, Judge. As the settling employer of the initial tortfeasor in a personal injury case, the City of College Park brought this action for contribution and indemnity against Jewell Fortenberry, M.D., who was allegedly negligent in his […]

414 S.E.2d 727 SCHWAN’S SALES ENTERPRISES, INC. v. MARTIN MECHANICAL CONTRACTORS, INC. A91A1851.Court of Appeals of Georgia. DECIDED JANUARY 15, 1992. POPE, Judge. This appeal arises from a materialman’s lien filed by appellee/plaintiff Martin Mechanical Contractors, Inc. against the property of appellant/defendant Schwan’s Sales Enterprises, Inc. Defendant hired Mid-Mo Construction Company (“Mid-Mo”) to provide general […]

526 S.E.2d 379 BIBB COUNTY, GEORGIA v. HIGGINS et al.; and vice versa. A99A2118, A99A2119.Court of Appeals of Georgia. DECIDED: NOVEMBER 30, 1999. MCMURRAY, Presiding Judge. Lt. James F. Higgins worked for the Bibb County Sheriff’s Department, primarily in field police work, from 1979 until his death in October 1993. On his last day at […]

299 S.E.2d 99 JOHNSON et al. v. CREWS et al. 65066.Court of Appeals of Georgia. DECIDED JANUARY 4, 1983. QUILLIAN, Presiding Judge. This is an appeal from a grant of summary judgment. Appellant Johnson, and his wife seeking loss of consortium, filed this action for damages against appellees Crews, Bowen and other unknown parties alleging […]

179 S.E.2d 547 MATHEWS v. MATHEWS. 45701.Court of Appeals of Georgia.SUBMITTED OCTOBER 8, 1970. DECIDED NOVEMBER 18, 1970. REHEARING DENIED DECEMBER 4, 1970. DEEN, Judge. It appears from the pleadings and attached exhibits in this case that in the previous case of Mathews v. Mathews in the Superior Court of Clayton County the plaintiff in […]

710 S.E.2d 641 PASS v. THE STATE. A11A0536.Court of Appeals of Georgia. DECIDED APRIL 27, 2011. MIKELL, Judge. Following the denial of his motion to suppress, Christopher Edward Pass was convicted at a bench trial of theft by receiving, possession of marijuana with intent to distribute, and possession of cocaine. He argues on appeal that […]

390 S.E.2d 436 REED v. THE STATE. A90A0214.Court of Appeals of Georgia. DECIDED JANUARY 24, 1990. DEEN, Presiding Judge. Dwight Reed appeals from his conviction of aggravated child molestation. The victim was his brother’s nine-year-old stepson. 1. Appellant contends that the evidence was insufficient to support the guilty verdict. The child reported the molestation to […]

236 S.E.2d 28 FAMILY HOME SERVICES, INC. v. TAYLOR et al. 53816.Court of Appeals of Georgia.ARGUED MAY 9, 1977. DECIDED MAY 25, 1977. BANKE, Judge. The plaintiffs sued to recover usurious interest allegedly paid to the defendant. The defendant appeals the trial court’s judgment in favor of the plaintiffs contending that it included interest on […]

428 S.E.2d 643 IN THE INTEREST OF J. C. J., a child. A92A2308.Court of Appeals of Georgia. DECIDED MARCH 3, 1993. BLACKBURN, Judge. A petition for termination of the parental rights of the parents of J. C. J. was filed in the Juvenile Court of Clayton County. The father, who had never lived with or […]

90 S.E.2d 27 McJENKIN INSURANCE REALTY CO. v. BURTON et al. 35834.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1955. REHEARING DENIED OCTOBER 25, 1955. 1. Rulings upon the sufficiency of the pleadings are not proper grounds of a motion for new trial. 2. There was evidence to support the judgment of the trial court […]

140 S.E.2d 894 UNDERCOFLER, Commissioner v. SWINT. 41125.Court of Appeals of Georgia. DECIDED JANUARY 22, 1965. REHEARING DENIED FEBRUARY 2, 1965. A taxpayer who had paid her Georgia State income tax and had included as ordinary income amounts received from a tax-exempt trust coming to her as beneficiary upon the death of her husband, was […]

390 S.E.2d 431 GEORGIA DEPARTMENT OF HUMAN RESOURCES v. PATILLO. A89A1603.Court of Appeals of Georgia. DECIDED JANUARY 22, 1990. BEASLEY, Judge. Georgia Department of Human Resources appeals from the order of the trial court dismissing its appeal for failure to obtain the timely filing of a trial transcript. “The provision authorizing the trial court to […]

710 S.E.2d 928 CROSS v. THE STATE. No. A11A0494.Court of Appeals of Georgia. DECIDED JUNE 2, 2011. SMITH, Presiding Judge. Marcus Cross appeals from his convictions for two counts of burglary, asserting that insufficient evidence supports them and that the trial court erred by overruling his objection to an in-court Page 747 identification. For the […]

671 S.E.2d 865 TOMLIN v. THE STATE. No. A09A0230.Court of Appeals of Georgia. DECIDED DECEMBER 19, 2008. BLACKBURN, Presiding Judge. Following the denial of his motion to withdraw his guilty plea to the offense of voluntary manslaughter, [1] Jake Tomlin appeals, arguing that there was no factual basis for his plea and that his plea […]

283 S.E.2d 18 AMERICAN MUTUAL LIABILITY INSURANCE COMPANY v. HICKS. 62169.Court of Appeals of Georgia. DECIDED JUNE 18, 1981. REHEARING DENIED JULY 9, 1981. BANKE, Judge. The sole issue presented in this appeal is whether funds due an employee from a workers’ compensation claim are subject to garnishment based upon a judgment for child support. […]

114 S.E.2d 437 GENNETT LUMBER COMPANY v. STANLEY et al. 38127.Court of Appeals of Georgia. DECIDED APRIL 5, 1960. REHEARING DENIED APRIL 28, 1960. GARDNER, Presiding Judge. A deputy director of the State Board of Workmen’s Compensation made a finding of fact and award in favor of the claimants who filed the claim which arose […]

571 S.E.2d 420 CHILDERS v. THE STATE. A02A1924.Court of Appeals of Georgia. Decided September 13, 2002. PHIPPS, Judge. Glenn Childers was convicted of child molestation and aggravated sexual battery based on evidence that he penetrated his eleven-year-old stepdaughter, D. G.’s, vagina with his fingers and touched her between her legs for the purpose of satisfying […]

160 S.E.2d 876 TRAVELERS INSURANCE COMPANY v. STANLEY. 43383.Court of Appeals of Georgia.SUBMITTED JANUARY 15, 1968. DECIDED FEBRUARY 28, 1968. REHEARING DENIED MARCH 25, 1968. 1. Instructions that an insured, as the plaintiff, must show by a preponderance of the evidence “that his condition is such as to make him unable to perform all or […]

501 S.E.2d 53 AMERICAN SOUTHERN INSURANCE COMPANY v. ABBENSETT et al. A98A0679.Court of Appeals of Georgia. DECIDED APRIL 2, 1998. BLACKBURN, Judge. American Southern Insurance Company appeals the finding of the trial court that a policy of insurance issued by it to the State of Georgia provides coverage for a certain accident involving a state-owned […]

425 S.E.2d 307 DUNCAN v. THE STATE. A92A1025.Court of Appeals of Georgia. DECIDED OCTOBER 27, 1992. RECONSIDERATION DENIED NOVEMBER 23, 1992. COOPER, Judge. This is the third appearance of this case before this court. Appellant was arrested for driving under the influence and improper lane usage in May 1986, and was tried, convicted and sentenced […]

224 S.E.2d 842 HIGHTOWER v. THE STATE. 50620.Court of Appeals of Georgia.ARGUED APRIL 30, 1975. DECIDED FEBRUARY 26, 1976. DEEN, Presiding Judge. 1. Our prior opinion in this case (Hightower v. State, 135 Ga. App. 92 (217 S.E.2d 325) having been reversed by the Supreme Court (236 Ga. 58 (222 S.E.2d 333)) is vacated and […]

453 S.E.2d 815 CASTRO v. HIDDEN VILLAGE APARTMENTS. A95A0711.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1995. McMURRAY, Presiding Judge. Plaintiff Hidden Village Apartments initiated this action for a dispossessory warrant, alleging that defendant Juli Ann Castro “fails to pay rent now due . . .” and seeking a judgment for “past due rent in […]

598 S.E.2d 904 WHITE v. THE STATE. A04A0786.Court of Appeals of Georgia. DECIDED APRIL 27, 2004. RUFFIN, Presiding Judge. A jury found Ralph White guilty of possessing cocaine. White appeals, asserting that insufficient evidence supports his conviction and that the trial court erred in denying his motion to suppress. For reasons that follow, we affirm. […]

417 S.E.2d 344 IN THE INTEREST OF L. F., a child. A91A1870.Court of Appeals of Georgia. DECIDED MARCH 2, 1992. RECONSIDERATION DENIED MARCH 24, 1992. CARLEY, Presiding Judge. Pursuant to OCGA § 15-11-81 (b) (4), appellee-Georgia Department of Human Resources sought the termination of appellant-father’s parental rights in his daughter. The trial court conducted a […]

556 S.E.2d 140 GARRETT v. FLEET FINANCE, INC. OF GA.; GARRETT v. BAGGARLY. EL-90;EL-91 A01A2018; A01A2019.Court of Appeals of Georgia. DECIDED: OCTOBER 15, 2001. ELDRIDGE, Judge. Gerald Turner Garrett, plaintiff, sought to set aside a second mortgage assigned to Fleet Finance, Inc. of Georgia, which he sought to rescind orally; Frances Garrett, his ex-wife, obtained […]

622 S.E.2d 415 CAVIN v. POWELL. A05A1938.Court of Appeals of Georgia. DECIDED OCTOBER 21, 2005. BLACKBURN, Presiding Judge. Rachel Cavin appeals from the trial court’s denial of her motion for new trial or to set aside the default judgment entered in favor of Dana Powell. Cavin contends that the trial court erred in denying her […]

673 S.E.2d 537 SMALLWOOD v. THE STATE. No. A08A2314.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 2009. MIKELL, Judge. Following a jury trial, David Harold Smallwood was convicted of burglary and possession of a firearm by a convicted felon. The trial court sentenced Smallwood to 15 years, with 12 to be served in confinement. On […]

358 S.E.2d 884 OHOOPEE PRODUCTION CREDIT ASSOCIATION v. ASPINWALL. 74116.Court of Appeals of Georgia. DECIDED JUNE 16, 1987. BENHAM, Judge. Appellee Aspinwall executed a promissory note in favor of appellant in order to purchase a tobacco harvester from appellant, which had come into possession of the harvester after the original owner, who had financed its […]

357 S.E.2d 300 HILL v. ADAMS et al. 74195.Court of Appeals of Georgia. DECIDED MAY 12, 1987. BEASLEY, Judge. Hill directly appealed from dismissal of his petition, brought under OCGA § 19-7-22, to legitimate a minor child born to a woman during her marriage to another man. Unfortunately, we cannot reach the merits because he […]

578 S.E.2d 275 THE MEMBERS OF CALVARY MISSIONARY BAPTIST CHURCH et al. v. JACKSON et al. A02A1700.Court of Appeals of Georgia. Decided February 13, 2003 MILLER, Judge. The members of Calvary Missionary Baptist Church and Calvary Missionary Baptist Church, Inc. appeal from the trial court’s order dismissing their lawsuit against Mary Jackson and other former […]

529 S.E.2d 662 AL-MADINAH PETROLEUM, INC. v. MAHSA, INC. et al. A00A0158.Court of Appeals of Georgia. DECIDED: FEBRUARY 15, 2000. PHIPPS, Judge. Al-Madinah Petroleum, Inc., leased a gas station/convenience store to Mahsa, Inc., for 20 years. The lease obligated Mahsa to insure Page 571 the property against casualty loss, but also authorized Al-Madinah to obtain […]

660 S.E.2d 835 HAWKINS v. OB-GYN ASSOCIATES, P.A. et al. No. A07A1614.Court of Appeals of Georgia. DECIDED MARCH 28, 2008. RECONSIDERATION DENIED APRIL 10, 2008. MILLER, Judge. This is an appeal from a directed verdict granted in favor of Goodman B. Espy III, M.D. and his professional association, OB-GYN Associates, P.A. (collectively, the “Association”), in […]

234 S.E.2d 130 HENDON v. PONDEROSA INSURANCE ADJUSTERS et al. UNIGARD INSURANCE GROUP v. PONDEROSA INSURANCE ADJUSTERS. 53526, 53527.Court of Appeals of Georgia.ARGUED MARCH 2, 1977. DECIDED MARCH 4, 1977. REHEARING DENIED MARCH 16, 1977. WEBB, Judge. Mary Hendon was involved in an automobile collision with a U-Haul rental truck which was leased to, and […]

538 S.E.2d 755 ROBERTSON v. THE STATE A00A1472.Court of Appeals of Georgia. DECIDED: AUGUST 23, 2000 MIKELL, Judge. Willie James Robertson was indicted, tried, and convicted of four counts of aggravated assault and one count of possession of a firearm by a convicted felon. The trial court sentenced Robertson to serve twenty years for Count […]

366 S.E.2d 394 ALLSTATE INSURANCE COMPANY v. CLARK. 75742.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1988. POPE, Judge. On November 19, 1986 plaintiff Lucious G. Clark brought this action against defendant Allstate Insurance Company seeking recovery of “long term disability benefits.” No answer to the complaint was filed, and on March 9, 1987 the […]

604 S.E.2d 288 COFFIELD v. KUPERMAN. A03A0994.Court of Appeals of Georgia. DECIDED SEPTEMBER 2, 2004. BARNES, Judge. On March 25, 2003, we dismissed Faye Coffield’s appeal upon finding that she had not been made a party to the original action, and thus had no standing to appeal. Coffield then petitioned the Supreme Court of Georgia […]

647 S.E.2d 292 LOTT v. RIDLEY et al. No. A07A0488.Court of Appeals of Georgia. DECIDED MAY 23, 2007. RUFFIN, Judge. Barbara and Clarence Ridley brought a personal injury action against Jesse Lott to recover for damages allegedly resulting from an automobile collision. After trial, a Glynn County jury awarded the Ridleys $16,398.68 for medical expenses […]

547 S.E.2d 340 CHANEY v. BLACKSTONE et al. A00A2516.Court of Appeals of Georgia. DECIDED: MARCH 21, 2001. POPE, Presiding Judge. Ray Chaney sued W. Kenneth Blackstone and his professional corporation, Law Office of William Kenneth Blackstone, P. C. (collectively “Blackstone”) for legal malpractice.[1] Chaney appeals following the grant of summary judgment to both defendants, claiming […]

314 S.E.2d 692 DAVIS v. PACHUILO et al.; and vice versa. 67532, 67533.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1984. BANKE, Judge. The plaintiff brought this action to recover damages for personal injuries he allegedly incurred when the car he was driving was struck by a tractor-trailer driven by defendant Pachuilo. Pachuilo, whose employer […]

513 S.E.2d 539 GRAY v. ELIAS. A98A1963.Court of Appeals of Georgia. DECIDED: MARCH 8, 1999 — CERT. APPLIED FOR. RUFFIN, Judge. Johnny Elias sued Gregory Gray for injuries sustained in an automobile collision. Gray did not answer the complaint, and admitted being in default, but requested a jury trial on the issue of damages only.[1] […]

627 S.E.2d 901 LEE v. THE STATE. A06A0761.Court of Appeals of Georgia. DECIDED MARCH 3, 2006. JOHNSON, Presiding Judge. On March 17, 2000, Johnny Scott Lee pled guilty to robbery by force, aggravated assault, theft by taking a motor vehicle, two counts of armed robbery, two counts of kidnapping, and three counts of burglary. The […]

711 S.E.2d 425 ESPINOSA v. THE STATE. No. A11A0120.Court of Appeals of Georgia. DECIDED JUNE 14, 2011. MILLER, Presiding Judge. Following a jury trial, Kamal Hussein Espinosa was convicted of trafficking in cocaine (OCGA § 16-13-31 (a) (1)) and possession of marijuana with intent to distribute (OCGA § 16-13-30 (j) (1)). The trial court denied […]

106 S.E.2d 182 LIBERTY NATIONAL LIFE INSURANCE COMPANY v. COX. 37346.Court of Appeals of Georgia. DECIDED OCTOBER 23, 1958. REHEARING DENIED NOVEMBER 10, 1958. CARLISLE, Judge. This was a suit to recover additional indemnity on account of accidental death of the insured on two policies of life insurance. One of the policies contained an exclusion […]

484 S.E.2d 793 TUCKER v. THE STATE. A97A0641.Court of Appeals of Georgia. DECIDED MARCH 27, 1997. McMURRAY, Presiding Judge. Defendant was charged in an indictment with false imprisonment, terroristic threats, and battery for acts committed against his wife (“the victim”) on June 8, 1995. The trial court directed a verdict of acquittal as to the […]

253 S.E.2d 203 JOLLES v. WITTENBERG et al. 56875.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1978. DECIDED JANUARY 5, 1979. REHEARING DENIED JANUARY 29, 1979. QUILLIAN, Presiding Judge. Appellant, defendant below, appeals from a directed verdict for Drs. Wittenberg and Levine, the appellees. The appellees’ complaint alleged that they entered into guaranty agreements with the […]

702 S.E.2d 649 IN THE INTEREST OF J. W., a child. No. A10A1473.Court of Appeals of Georgia. DECIDED OCTOBER 5, 2010. BARNES, Presiding Judge. J. W. was adjudicated delinquent for acts which would have constituted aggravated assault and aggravated battery if committed by an adult. The juvenile court committed him to the custody of the […]

583 S.E.2d 249 MITCHELL et al. v. AUSTIN. A03A0347.Court of Appeals of Georgia. DECIDED: JUNE 10, 2003 MIKELL, Judge. Laura E. Austin slipped and fell while descending stairs leading outside a home rented by Mitch Ergas and owned by Kim and Toby Mitchell. Austin filed a premises liability action against the Mitchells to recover damages […]

277 S.E.2d 261 HOOD v. THE STATE. ANDERSON v. THE STATE (two cases). 60712. 60713, 60872.Court of Appeals of Georgia. DECIDED JANUARY 19, 1981. REHEARING DENIED JANUARY 30, 1981. POPE, Judge. Anderson and Hood were indicted for armed robbery of a bank and aggravated assault of a police officer, tried together and convicted of both […]

491 S.E.2d 423 HAWKINS v. BROWN et al. A97A1640.Court of Appeals of Georgia. DECIDED AUGUST 18, 1997. RECONSIDERATION DENIED AUGUST 29, 1997 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Plaintiff Crystal Hawkins brought this tort action against defendants Charles Brown and Annie Doris Brown, alleging she broke her right ankle as she was leaving defendants’ […]

386 S.E.2d 537 HUNSINGER v. LOCKHEED CORPORATION. A89A1346.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1989. BIRDSONG, Judge. This is an appeal of the trial court’s order granting appellee/defendant’s motion for summary judgment and denying appellant/plaintiff’s motion therefor. Appellant (hereinafter Hunsinger) licensed real estate brokers, procured the Expanded Metal Corporation (hereinafter Expanded Metal) as a […]

218 S.E.2d 309 ENTERPRISES NOW, INC. v. CITIZENS SOUTHERN DEVELOPMENT CORPORATION. 50803.Court of Appeals of Georgia.ARGUED JUNE 30, 1975. DECIDED SEPTEMBER 2, 1975. DEEN, Presiding Judge. The record reveals the following facts: appellee had a long history of financial dealings with the debtor, and had received a security interest in all of the inventory and […]

620 S.E.2d 404 BHANSALI et al. v. MONCADA. DAGI et al. v. MONCADA. A05A1448, A05A1449.Court of Appeals of Georgia. DECIDED AUGUST 4, 2005. RECONSIDERATION DENIED AUGUST 25, 2005. BLACKBURN, Presiding Judge. In this medical malpractice action, defendants Dr. Bhansali and Atlanta Ear, Nose Throat Associates, P.C. in Case No. A05A1448, and Dr. Dagi and Peachtree […]

193 S.E.2d 235 HANOVER INSURANCE COMPANY et al. v. HALLFORD. 47291.Court of Appeals of Georgia.ARGUED MAY 23, 1972. DECIDED SEPTEMBER 29, 1972. REHEARING DENIED OCTOBER 17, 1972. 1. (a, b, c) The verdict for plaintiff awarding a penalty for bad faith and attorney’s fees in a suit on an insurance policy was authorized by the […]

428 S.E.2d 441 BROWNING v. THE STATE. A92A1785.Court of Appeals of Georgia. DECIDED MARCH 1, 1993. BLACKBURN, Judge. The defendant, Bruce Browning, was convicted by a jury of theft by taking a motor vehicle and sentenced to five years’ imprisonment. The defendant subsequently moved for a new trial, and in support of this motion, filed […]

483 S.E.2d 379 KING et al. v. KING. A96A2393.Court of Appeals of Georgia. DECIDED MARCH 7, 1997. ANDREWS, Chief Judge. After Henry J. King died in 1994, Sarah E. King, Mr. King’s former spouse from whom he was divorced in 1985, brought an action against Joyce L. King,[1] Mr. King’s surviving spouse, seeking the imposition […]

636 S.E.2d 738 HUFF v. THE STATE. No. A06A1484.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 2006. RUFFIN, Chief Judge. A jury found Jerome Huff guilty of armed robbery and hijacking a motor vehicle. In his sole enumeration of error on appeal, Huff contends the trial court erred in failing to direct a verdict of […]

190 S.E.2d 95 GAMBLE et al. v. REEVES TRANSPORTATION COMPANY et al. 47051.Court of Appeals of Georgia.ARGUED APRIL 3, 1972. DECIDED APRIL 27, 1972. In this joint and several action for damages for a collision allegedly caused by the joint and concurrent negligence of the four defendants, the cross claim of two of the defendants […]

607 S.E.2d 259 GEORGIA DEPARTMENT OF AGRICULTURE v. BROWN. A04A1426.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 2004. BARNES, Judge. The Georgia Department of Agriculture (“GDA”) seeks review of a superior court order reversing the revocation of Tommie Brown’s license to sell produce at the State Farmers’ Market in Columbus. For the reasons that follow, […]

359 S.E.2d 6 DEVINE v. THE STATE. 74282.Court of Appeals of Georgia. DECIDED JUNE 8, 1987. REHEARING DENIED JUNE 17, 1987. SOGNIER, Judge. Appellant was convicted of aggravated assault, two counts of criminal trespass and possession of a firearm by a convicted felon. On appeal, appellant contends the trial court erred by failing to take […]

129 S.E.2d 398 LUNSFORD v. CHILDS et al. 39745.Court of Appeals of Georgia. DECIDED JANUARY 10, 1963. The trial court did not err in sustaining the general demurrer to the petition. DECIDED JANUARY 10, 1963. Action for damages. Elbert Superior Court. Before Judge Skelton. Eva C. Lunsford filed suit in the Superior Court of Elbert […]

684 S.E.2d 424 LEROUX v. THE STATE. No. A09A1351.Court of Appeals of Georgia. DECIDED OCTOBER 6, 2009. SMITH, Presiding Judge. We granted the application of Jonathan LeRoux for an interlocutory appeal to consider the denial of his motion to suppress. He Page 311 contends that the police lacked an articulable suspicion to stop his vehicle. […]

275 S.E.2d 104 HILL v. THE STATE. 60842.Court of Appeals of Georgia.ARGUED OCTOBER 2, 1980. DECIDED NOVEMBER 20, 1980. DEEN, Chief Judge. John Hill appeals from his conviction of manslaughter following the denial of his motion for a new trial. 1. The trial court did not err in refusing to give appellant’s request to charge […]

378 S.E.2d 880 MOORE v. THE STATE. 77650.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1989. REHEARING DENIED FEBRUARY 13, 1989. SOGNIER, Judge. David Timothy Moore was tried by a jury and convicted of the offenses of armed robbery, aggravated assault, aggravated battery, and aggravated assault with intent to rob. He was sentenced to life […]

36 S.E.2d 847 WILSON v. GEORGIA POWER AND LIGHT COMPANY. 31038.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1946. The court did not err in sustaining the general demurrer to the amended petition. DECIDED FEBRUARY 7, 1946. Action for damages; from Seminole superior court — Judge Worrill. July 21, 1945. Mrs. Earl Wilson brought an […]

142 S.E.2d 422 ORKIN EXTERMINATING COMPANY, INC. v. THORNTON et al. 41178.Court of Appeals of Georgia.ARGUED MARCH 3, 1965. DECIDED MAY 3, 1965. BELL, Presiding Judge. Gus Thornton brought this action seeking damages against Orkin Exterminating Company, Inc. of South Georgia. The petition was served by a deputy sheriff, who made return of service as […]

545 S.E.2d 312 ARNOLD v. THE STATE A00A2375.Court of Appeals of Georgia. DECIDED: JANUARY 24, 2001 RUFFIN, Judge. A jury found Gary James Arnold guilty of child molestation, felony obstruction of an officer, and attempted interference with government property. Arnold appeals, challenging the sufficiency of the evidence, the trial court’s jury instructions, and the court’s […]

429 S.E.2d 536 WHITEHEAD v. THE STATE. A92A1938.Court of Appeals of Georgia. DECIDED MARCH 17, 1993. ANDREWS, Judge. Whitehead entered a guilty plea to one count each of armed robbery and aggravated assault. He appeals from the sentence entered on that plea on four grounds. Whitehead and his co-defendant Holmes were arrested within one hour […]

561 S.E.2d 209 BESS v. THE STATE. A01A2537.Court of Appeals of Georgia. DECIDED: FEBRUARY 28, 2002 PHIPPS, Judge. Following denial of his motion for new trial, Donnie Bess appeals his convictions of involuntary manslaughter and driving under the influence of alcohol. The State’s evidence showed that, while intoxicated, Bess caused a fatal collision by grabbing […]

309 S.E.2d 919 PORTER v. THE STATE. 67223.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1983. QUILLIAN, Presiding Judge. Defendant appeals his conviction for aggravated sodomy and two counts of assault. The issue asserted as a basis for all of the enumerations of error is that the indictment and the evidence on which he was […]

73 S.E.2d 771 GAINESVILLE FEED POULTRY CO. INC. v. WATERS; and vice versa. 34311, 34312.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1952. REHEARING DENIED DECEMBER 19, 1952. 1. Where the name of the garnishee was not inserted in a summons of garnishment before the justice of the peace signed the summons, but where the […]

564 S.E.2d 493 CRAIG DAVID KRIEGER v. THOMAS LEE SPEIR et al. A02A1164.Court of Appeals of Georgia. DECIDED: APRIL 15, 2002 ELDRIDGE, Judge. On August 4, 1999, appellant/plaintiff Craig David Krieger filed in the Superior Court of Clayton County the instant Equitable Petition Page 79 to Set Aside Fraudulent Conveyances and Other Relief against appellees/defendants […]

611 S.E.2d 105 BRADLEY PLYWOOD CORPORATION v. THE MAYOR ALDERMEN OF THE CITY OF SAVANNAH. DERST INVESTMENTS, L.P. v. THE MAYOR ALDERMEN OF THE CITY OF SAVANNAH. DERST BAKING COMPANY v. THE MAYOR ALDERMEN OF THE CITY OF SAVANNAH. A05A0401, A05A0402, A05A0403.Court of Appeals of Georgia. DECIDED MARCH 1, 2005. PHIPPS, Judge. In these related […]

327 S.E.2d 849 GRIER v. THE STATE. 69193.Court of Appeals of Georgia. DECIDED MARCH 8, 1985. BEASLEY, Judge. Shortly after 7:00 p. m. on February 26, 1982 Debra Reed James was driving toward her house in Millen, Georgia. Driving two to three car lengths ahead of her was her sister, Charlotte Becton, who was returning […]

29 S.E.2d 824 HYDE v. THE STATE. 30304.Court of Appeals of Georgia. DECIDED JANUARY 25, 1944. MacINTYRE, J. This is a companion case to Hyde v. State, ante. The two cases were tried together, and the instant writ of error is controlled by the ruling there made. The judge did not err in overruling the […]

589 S.E.2d 292 DOUGLAS ASPHALT COMPANY v. GEORGIA PUBLIC SERVICE COMMISSION. GEORGIA PUBLIC SERVICE COMMISSION v. DOUGLAS ASPHALT COMPANY. A03A0920, A03A0921.Court of Appeals of Georgia. DECIDED: OCTOBER 22, 2003 BARNES, Judge. Douglas Asphalt Company (DAC) appeals the imposition of a $10,000 fine levied by the Georgia Public Service Commission (PSC) for cutting a telephone fiber […]

22 S.E.2d 210 ROWE v. THE STATE. 29697.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1942. REHEARING DENIED OCTOBER 13, 1942. 1. The evidence sustained the verdict. 2. In this case the evidence was both direct and circumstantial. Even though the testimony of the witnesses for the State was, on cross-examination, in some respects inconsistent […]

539 S.E.2d 206 CHRISTOPHER et al. v. THE STATE. A00A2117.Court of Appeals of Georgia. DECIDED: SEPTEMBER 12, 2000. ELDRIDGE, Judge. John Henry Christopher and Faye Lambert Christopher were charged with the offenses of manufacturing marijuana (count I) and possession of marijuana with the intent to distribute (count II). Following a jury trial, the jury found […]

577 S.E.2d 35 GILBERT v. THE STATE. A03A0473.Court of Appeals of Georgia. Decided January 29, 2003 JOHNSON, Presiding Judge. A jury found Harold Gilbert guilty of armed robbery. Gilbert appeals, contending (1) the evidence was insufficient to support the verdict, (2) the trial court erred in informing the jury during the trial that Gilbert’s co-defendant […]

233 S.E.2d 220 YALANZON et al. v. SHARON CONSTRUCTION COMPANY, INC. 53100.Court of Appeals of Georgia.ARGUED JANUARY 10, 1977. DECIDED JANUARY 27, 1977. REHEARING DENIED FEBRUARY 17, 1977. SHULMAN, Judge. Defendants appeal from the judgment rendered by the trial court sitting without a jury in an action for money owed for the construction of a […]

197 S.E.2d 404 BLACKWELL v. LIBERTY MUTUAL INSURANCE COMPANY et al. 47067.Court of Appeals of Georgia. DECIDED MARCH 15, 1973. REHEARING DENIED MARCH 30, 1973. STOLZ, Judge. 1. The Supreme Court of Georgia upon writ of certiorari has reversed this court’s judgment rendered September 6, 1972. See 127 Ga. App. 146 (193 S.E.2d 43), and […]

275 S.E.2d 764 RAMCO ROOFING SUPPLY COMPANY, INC. et al. v. KAMINSKY et al. 60542.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 16, 1980. DECIDED DECEMBER 4, 1980. CARLEY, Judge. On October 22, 1976, the appellant contracted to “provide all the necessary materials, equipment, insurance and labor” for repair of the roof on appellees’ building. The contract […]

192 S.E.2d 714 JENKINS v. ALLEN TEMPLE DEVELOPMENT. 47334.Court of Appeals of Georgia.ARGUED JULY 6, 1972. DECIDED SEPTEMBER 15, 1972. QUILLIAN, Judge. A lessor who is financially assisted and regulated in the construction, financing and operation of its apartments pursuant to Section 221 (d) (3) of the National Housing Act, 12 U.S.C. § 17151 (d) […]

96 S.E.2d 278 IOWA HARDWARE MUTUAL INSURANCE COMPANY v. CALIFF. 36384.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 1956. REHEARING DENIED DECEMBER 5, 1956. The denial of the motion for a new trial as to the general grounds and the special grounds shows no reversible error. DECIDED NOVEMBER 16, 1956 — REHEARING DENIED DECEMBER 5, […]

535 S.E.2d 841 LYONS v. THE STATE. A00A0501.Court of Appeals of Georgia. DECIDED: JUNE 15, 2000 BLACKBURN, Presiding Judge. In this interlocutory appeal of a DUI prosecution, Nancy L. Lyons challenges the trial court’s denial of her motion to suppress the results of field sobriety tests, contending that: (1) an admitted videotape of the traffic […]

94 S.E.2d 90 KESOT v. CITY OF DALTON. 36269.Court of Appeals of Georgia. DECIDED JULY 12, 1956. 1. The documentary evidence offered by the plaintiff had no probative value insofar as the material allegations of her petition were concerned, and accordingly the trial court did not err in excluding the same. 2. The only question […]