Category: Georgia Court of Appeals Opinions

237 S.E.2d 215 EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY et al. v. JOSEY. 53952.Court of Appeals of Georgia.ARGUED MAY 5, 1977. DECIDED JULY 1, 1977. REHEARING DENIED JULY 15, 1977. MARSHALL, Judge. The State Board of Workmen’s Compensation, in its award of compensation, made findings of fact inter alia that the “no-show,” or failure to report […]

633 S.E.2d 436 BECKER v. THE STATE. No. A06A0083.Court of Appeals of Georgia. DECIDED JUNE 23, 2006. BARNES, Judge. Following the denial of his motion for new trial, Bradford J. Becker appeals his convictions for two counts of driving under the influence, being a habitual violator, and failure to maintain a lane. On appeal, he […]

670 S.E.2d 833 WEST v. THE STATE. No. A08A2442.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 2008. ELLINGTON, Judge. Jamel West, who stands accused in the Superior Court of Fulton County of trafficking in cocaine and other offenses, appeals from the order denying his motion to dismiss the indictment due to the State’s delay in […]

213 S.E.2d 527 BECKMAN v. THE STATE. 49962.Court of Appeals of Georgia.ARGUED JANUARY 6, 1975. DECIDED MARCH 3, 1975. BELL, Chief, Judge. The defendant, charged with the murder of his wife, was found guilty of voluntary manslaughter. Held: 1. The defendant contends that the trial court erred in charging the jury on the law of […]

196 S.E.2d 670 ATLANTA COCA-COLA BOTTLING COMPANY v. ERGLE. 47577.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1972. DECIDED FEBRUARY 9, 1973. REHEARING DENIED MARCH 5, 1973. QUILLIAN, Judge. Lizzie Ergle brought suit against the Coca-Cola Bottling Company, alleging that as a result of the defendant’s negligence she was injured by pieces of glass in a […]

623 S.E.2d 674 MATHIS v. THE STATE. A05A1271.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 2005. RECONSIDERATION DENIED DECEMBER 1, 2005. BERNES, Judge. Appellant Stuart Kelly Mathis was charged with speeding, driving under the influence, and an open container violation. A jury trial ensued during which the trial court granted Mathis’ motion for mistrial made […]

386 S.E.2d 546 SMITHSON v. HARRY NORMAN, INC. A89A1537.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1989. SOGNIER, Judge. Harry Norman, Inc. d/b/a Harry Norman Realtors brought suit for commissions against Susan Smithson a/k/a Susan Cavell. No defensive pleadings pursuant to OCGA § 9-11-12 (a) or OCGA §9-11-55 (a) were filed within the applicable time […]

601 S.E.2d 137 DAMERON v. THE STATE. A04A1213.Court of Appeals of Georgia. DECIDED JUNE 3, 2004. ELDRIDGE, Judge. A Cobb County jury found Steven Edwin Dameron guilty of two counts of child molestation, aggravated sexual battery, and cruelty to children, which charges arose from acts Dameron committed against his minor stepdaughter. He appeals, claiming the […]

334 S.E.2d 857 RAFTIS v. THE STATE. 70458.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1985. REHEARING DENIED SEPTEMBER 12, 1985. CARLEY, Judge. Appellant was tried before a jury on a two-count indictment. Count I alleged that appellant had conspired to sell more than 100 Page 894 but less than 2,000 pounds of marijuana in […]

528 S.E.2d 532 ELY v. THE STATE. A99A2402.Court of Appeals of Georgia. DECIDED: JANUARY 20, 2000. PHIPPS, Judge. Curtis E. Ely and his wife were jointly indicted and convicted of the manufacture and possession of marijuana. On appeal, Ely challenges Page 897 the sufficiency of the evidence to support the verdict, claiming the State’s circumstantial […]

303 S.E.2d 753 RACKOW v. THE STATE. 65334.Court of Appeals of Georgia. DECIDED APRIL 5, 1983. SOGNIER, Judge. Appellant was convicted of aggravated sodomy. He appeals on the general grounds, and also contends the trial court erred by denying his motion for a directed verdict of acquittal. Around midnight Mark Hubbard, an inmate at the […]

257 S.E.2d 22 VIENER v. THE STATE. 57672.Court of Appeals of Georgia.ARGUED APRIL 5, 1979. DECIDED MAY 8, 1979. REHEARING DENIED JUNE 5, 1979. BIRDSONG, Judge. Leonard Carl Viener was convicted of rape and sentenced to serve six years. He brings this appeal enumerating ten alleged errors. Held: 1. The first four enumerations are related […]

676 S.E.2d 864 NEAL v. THE STATE. No. A09A0030.Court of Appeals of Georgia. DECIDED MARCH 31, 2009. JOHNSON, Presiding Judge. A jury found Dwight Emerson Neal, Jr., guilty of obstructing a law enforcement officer and possessing less than one ounce of marijuana based on events occurring on October 17, 2007. The same jury found him […]

325 S.E.2d 165 STEED v. CITY OF ATLANTA. 68788.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1984. REHEARING DENIED DECEMBER 4, 1984. DEEN, Presiding Judge. Appellant Steed has filed in this court an appeal from his conviction in the Traffic Court for the City of Atlanta on charges of driving under the influence and reckless […]

277 S.E.2d 298 WICKES LUMBER v. ENERGY EFFICIENT HOMES, INC. et al. 60821.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1981. CARLEY, Judge. Appellant-Wickes Lumber filed suit, alleging that appellee-Energy Efficient Homes, Inc. (EEH) was indebted to it “in the amount of $58,952.74 for building materials and supplies furnished and delivered . . .” and […]

374 S.E.2d 749 THE STATE v. FRICKS. 77134.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1988. REHEARING DENIED OCTOBER 20, 1988. McMURRAY, Presiding Judge. The State appeals from the superior court’s order sustaining defendant Fricks’ motion to suppress. Defendant is charged by a three-count indictment with the offenses of carrying a concealed weapon and two […]

181 S.E.2d 389 GREEN CONSTRUCTION OF INDIANA, INC. v. STATE OF GEORGIA. 45877.Court of Appeals of Georgia.ARGUED JANUARY 5, 1971. DECIDED FEBRUARY 4, 1971. REHEARING DENIED MARCH 5, 1971. DEEN, Judge. In Haynes v. Twin Tanks Oil Co., 112 Ga. App. 425 (1) (145 S.E.2d 603) we held in construing Code Ann. § 92-1403 (E) […]

27 S.E.2d 346 DARNELL v. THE STATE. 30249, 30250.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1943. BROYLES, C. J. Grover C. Darnell and W. G. Darnell were jointly indicted for an assault with intent to murder. They were tried together, and were convicted of that offense. Each filed a separate motion for a new […]

320 S.E.2d 581 WATTS et al. v. LIPPITT. 68460.Court of Appeals of Georgia. DECIDED JUNE 27, 1984. REHEARING DENIED JULY 11, 1984. BANKE, Presiding Judge. This is an appeal from a summary judgment for the defendant physician in a medical malpractice action. The plaintiffs are Bobby Watts and his wife, Crystal. Bobby Watts sustained an […]

232 S.E.2d 123 BRYANT v. J. SCOTT RENTALS, INC. et al. J. SCOTT RENTALS, INC. v. BRYANT et al. 52776, 52777.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1976. DECIDED DECEMBER 1, 1976. REHEARING DENIED DECEMBER 15, 1976. BELL, Chief Judge. This is an appeal and a cross appeal taken from a judgment in favor of […]

546 S.E.2d 280 HAWKINS V. THE STATE. A00A2545.Court of Appeals of Georgia. DECIDED: FEBRUARY 19, 2001. RUFFIN, Judge. A jury found Dennis Hawkins guilty of burglary. Hawkins appeals, challenging the sufficiency of the evidence and the trial court’s failure to instruct the jury on the lesser included offense of criminal trespass. Finding the evidence sufficient […]

157 S.E.2d 57 COTTON STATES MUTUAL INSURANCE COMPANY v. TILLER. 42946.Court of Appeals of Georgia.ARGUED JUNE 30, 1967. DECIDED SEPTEMBER 5, 1967. DEEN, Judge. 1. The defendant insurance company filed its appeal from the trial court’s action in overruling its general demurrer to the plaintiff’s petition. After the case was docketed in this court the […]

641 S.E.2d 653 TUCKER v. THE STATE. No. A06A2102.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 2007. BARNES, Chief Judge. Following her bench trial and conviction for forgery, Stacey Tucker appeals the denial of her motion for new trial. She enumerates as error the trial court’s denial of her motion for a directed verdict in […]

453 S.E.2d 793 CHAMBERLAIN v. THE STATE. A94A2747.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1995. BIRDSONG, Presiding Judge. Kendrick Chamberlain appeals his convictions of criminal trespass to property in the first degree by damaging the natural gas line in the residence of Dorothy Mann (OCGA § 16-7-22 (a) (1)), simple battery by striking Dorothy […]

37 S.E.2d 217 HAMBY v. AMERICAN INSURANCE COMPANY. 31044.Court of Appeals of Georgia. DECIDED MARCH 6, 1946. A misrepresentation in a life-insurance application (not attached to the policy) that the insured had suffered no illness or disease, when she had been attended by a physician for diabetes less than four months prior to the application, […]

185 S.E.2d 624 STATE HIGHWAY DEPARTMENT v. BARRETT et al. 46333.Court of Appeals of Georgia.ARGUED JUNE 30, 1971. DECIDED OCTOBER 26, 1971. EBERHARDT, Judge. 1. The provisions of Code § 95-1505 do not authorize the bringing of a suit for damages against the State Highway Department, whether on the theory of negligence or of nuisance. […]

335 S.E.2d 667 McCRANIE v. LANGDALE FORD COMPANY et al. 70435.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1985. REHEARING DENIED OCTOBER 2, 1985. McMURRAY, Presiding Judge. Plaintiff John V. McCranie brought suit against defendants, M. D. Meeks and Langdale Ford Company (Langdale Ford), in the State Court of Lowndes County. In his complaint, plaintiff […]

438 S.E.2d 108 LEE v. THE STATE. A93A1004.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1993. RECONSIDERATION DENIED NOVEMBER 23, 1993. POPE, Chief Judge. Defendant appeals from the denial of his plea in bar. The record shows that on November 13, 1992, a multi-count indictment was returned against the defendant, a correctional officer, charging him […]

166 S.E.2d 411 STAGGERS v. THE STATE. 43696.Court of Appeals of Georgia.ARGUED JUNE 3, 1968. DECIDED JANUARY 23, 1969. FELTON, Chief Judge. 1. Following the mandate of the Supreme Court in its judgment reversing the judgment of affirmance by this court in Staggers v. State, 224 Ga. 839 (165 S.E.2d 300), the judgment of this […]

578 S.E.2d 203 BRANKOVIC v. SNYDER et al. A02A2336.Court of Appeals of Georgia. Decided February 11, 2003 JOHNSON, Presiding Judge. We granted Milana Brankovic’s application for interlocutory appeal in this medical malpractice case. There is only one issue before us: whether the trial court abused its discretion in permitting the defendants, who failed to respond […]

172 S.E.2d 181 BROWN et al. v. KELLEY et al. 44606.Court of Appeals of Georgia.SUBMITTED JULY 9, 1969. DECIDED NOVEMBER 12, 1969. REHEARING DENIED DECEMBER 9, 1969. JORDAN, Presiding Judge. This is an action by the holders of a promissory note, Mutual Investment Company, a partnership composed of Joseph M. Brown and E. B. Brown, […]

220 S.E.2d 718 BECK v. GLAZE et al. 51361.Court of Appeals of Georgia.SUBMITTED OCTOBER 7, 1975. DECIDED OCTOBER 22, 1975. WEBB, Judge. This is a suit seeking temporary and permanent injunction and damages. In a prior appearance, the Supreme Court affirmed the trial court’s denial of an interlocutory injunction. Beck v. Glaze, 230 Ga. 593 […]

17 S.E.2d 756 FORD v. JONES et al. 29068.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1941. 1. Assignments of error on exceptions pendente lite not tendered in time can not be considered. 2. The court did not err in directing the verdict for the plaintiffs for the full amount sued for, less the amounts […]

268 S.E.2d 689 TIDWELL v. TIDWELL. 59595.Court of Appeals of Georgia.SUBMITTED MARCH 12, 1980. DECIDED APRIL 7, 1980. BANKE, Judge. Plaintiff sued to recover for injuries sustained when he was burned by gasoline which ignited while he was working on the defendant’s car in defendant’s driveway and carport. Plaintiff testified that he siphoned gas from […]

419 S.E.2d 107 JOHNSON v. THE STATE. A92A0384.Court of Appeals of Georgia. DECIDED MAY 15, 1992. CARLEY, Presiding Judge. Appellant was tried before a jury and found guilty of two counts of selling cocaine. He appeals from the judgments of conviction and sentences entered by the trial court on the jury’s verdicts of guilt. 1. […]

106 S.E.2d 330 SHERMAN v. FLOYD et al. 37434.Court of Appeals of Georgia. DECIDED NOVEMBER 18, 1958. FELTON, Chief Judge. 1. The motion to dismiss the writ of error on the grounds that the judgment excepted to will not support a bill of exceptions as required by Code (Ann.) § 6-701 is without merit and […]

486 S.E.2d 687 PARKER v. THE STATE. A97A0774.Court of Appeals of Georgia. DECIDED MAY 14, 1997 — CERT. APPLIED FOR. JOHNSON, Judge. Stephen Loren Parker was convicted of burglary, rape, and aggravated assault. He appeals from the judgment of conviction and the denial of his motion for new trial. We affirm. 1. Parker contends the […]

353 S.E.2d 64 FEBLEZ v. THE STATE. 73299.Court of Appeals of Georgia. DECIDED JANUARY 21, 1987. McMURRAY, Presiding Judge. The defendant was found guilty of driving without a license, speeding, driving under the influence and violation of the Georgia Controlled Substances Act (trafficking in cocaine). After the denial of his motion for new trial, the […]

440 S.E.2d 687 BROWN v. MIDDLE GEORGIA HOSPITAL, INC. A93A2022.Court of Appeals of Georgia. DECIDED JANUARY 25, 1994. RECONSIDERATION DENIED FEBRUARY 9, 1994. ANDREWS, Judge. Appellant John Brown, as surviving spouse of Cotis Brown, filed a medical malpractice action against Middle Georgia Hospital on July 1, 1992. The complaint alleged that Mrs. Brown was admitted […]

269 S.E.2d 33 BOARD OF TRUSTEES OF THE POLICEMEN’S PENSION FUND OF ATLANTA et al. v. CHRISTY. 59616.Court of Appeals of Georgia.ARGUED MARCH 4, 1980. DECIDED APRIL 17, 1980. REHEARING DENIED MAY 1, 1980. SHULMAN, Judge. While en route from his home in Douglas County to the Municipal Court of Atlanta (his duty post as […]

319 S.E.2d 533 GOODLETT v. RAY LABEL CORPORATION. 67657.Court of Appeals of Georgia. DECIDED JUNE 27, 1984. BIRDSONG, Judge. The appellant seeks relief from a jury verdict and judgment against him for $3,037.31 actual damages and $3,962.69 punitive damages. The trial court denied his motions for directed verdict and judgment n.o.v. The suit of appellee […]

296 S.E.2d 81 WILLIAMS et al. v. LEWIS. 64232.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1982. CARLEY, Judge. Appellants brought suit against appellee in the State Court of Clayton County seeking damages for breach of a rental contract. Appellee answered and filed a counterclaim alleging that appellants had maliciously abused civil process by attempting […]

266 S.E.2d 235 MEADOWS v. DALTON et al. 59036.Court of Appeals of Georgia.ARGUED JANUARY 15, 1980. DECIDED FEBRUARY 6, 1980. REHEARING DENIED FEBRUARY 22, 1980. BANKE, Judge. This appeal is from an order denying plaintiff’s motion to set aside an earlier judgment which had dismissed his complaint with prejudice and had granted summary judgment in […]

602 S.E.2d 882 WEEKS v. THE STATE. A04A1850.Court of Appeals of Georgia. DECIDED AUGUST 3, 2004. ELDRIDGE, Judge. A Gwinnett County jury found James Garfield Weeks guilty of hijacking a motor vehicle and aggravated assault, which charges arose when Weeks approached Jeffery Johnson at the Chevron gas station on Brook Hollow Parkway near Indian Trail, […]

79 S.E.2d 334 HUFF, Executrix, v. PORTER. 34857.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1953. The evidence showed that the liability on which the dormant judgment sued on was based was for a wilful and malicious injury to the property of the plaintiff’s testator, within the meaning of the provision of the Bankruptcy Act […]

443 S.E.2d 865 RIDEN v. THE STATE. A94A0412.Court of Appeals of Georgia. DECIDED APRIL 15, 1994. BIRDSONG, Presiding Judge. Johnny Riden appeals his convictions for violating the Georgia Controlled Substances Act for possession of cocaine with the intent to distribute, possession of a firearm during the commission of a crime, and possession of a firearm […]

379 S.E.2d 789 CLAYTON et al. v. LARISEY. 77631.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1989. POPE, Judge. Appellants employed appellee as a general farm worker. Appellee brought suit against appellants seeking to recover for injuries he received while repairing a tractor he operated on appellants’ farm. The jury returned a verdict for appellee, […]

349 S.E.2d 8 PROPERTY TAX RESEARCH COMPANY v. LEWIS TEXTILE, INC. 72693.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1986. SOGNIER, Judge. Property Tax Research Company (PTR) brought an action in contract against Lewis Textile, Inc. The trial court, acting without a jury, found in favor of Lewis Textile and denied PTR’s motion for a […]

45 S.E.2d 682 PHILLIPS, Revenue Commissioner, v. GENERAL ELECTRIC SUPPLY CORPORATION. 31681.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1947. REHEARING DENIED DECEMBER 16, 1947. The phrase, “net income taxable by the State of Georgia,” as used in the last proviso of Code (Ann.), § 92-3109 (c), means the net income allocated and apportioned to […]

402 S.E.2d 283 ROTHELL v. CONTINENTAL CASUALTY COMPANY. A90A1841.Court of Appeals of Georgia. DECIDED JANUARY 25, 1991. REHEARING DENIED FEBRUARY 12, 1991. BEASLEY, Judge. On November 8, 1987, Rothell, an over-the-road trucker, was injured when he was standing inside a trailer, unloading it. Freight shifted, hit him in the back, and knocked him out of […]

162 S.E.2d 456 LILLY et al. v. CRISP COUNTY SCHOOL SYSTEM et al. 43534.Court of Appeals of Georgia.ARGUED MARCH 5, 1968. DECIDED MAY 23, 1968. REHEARING DENIED JUNE 12, 1968. BELL, Presiding Judge. This is a proceeding brought by the State of Georgia against the Crisp County School System to validate school bonds in the […]

205 S.E.2d 60 MORRIS et al. v. DODSON. 48997.Court of Appeals of Georgia.SUBMITTED JANUARY 17, 1974. DECIDED FEBRUARY 20, 1974. STOLZ, Judge. Defendants appeal from a verdict and judgment in favor of the plaintiff in an action arising out of a collision between the plaintiff’s automobile and the defendants’ automobile. In his charge to the […]

8 S.E.2d 100 MUSE v. CONNELL. 27944.Court of Appeals of Georgia. DECIDED MARCH 1, 1940. ADHERED TO ON REHEARING, MARCH 22, 1940. The petition set forth a cause of action, and the court erred in sustaining the defendant’s general demurrer. DECIDED MARCH 1, 1940. ADHERED TO ON REHEARING, MARCH 22, 1940. Action for damages; from […]

232 S.E.2d 111 SPRAYBERRY v. COMMERCIAL UNION INSURANCE COMPANY et al. 52529.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1976. DECIDED NOVEMBER 22, 1976. REHEARING DENIED DECEMBER 15, 1976. MARSHALL, Judge. The question presented in this workmen’s compensation case is whether an insurer may receive credit for payments made to an injured employee pursuant to the […]

574 S.E.2d 449 SHERIFF v. THE STATE. A02A1768.Court of Appeals of Georgia. DECIDED: NOVEMBER 18, 2002 BLACKBURN, Chief Judge. John Charles Sheriff appeals his convictions by a jury of rape, aggravated assault, burglary, battery, aggravated stalking, and stalking. He argues in his sole enumeration of error that the trial court committed reversible error in refusing […]

370 S.E.2d 204 WEBB v. THE STATE. 76090.Court of Appeals of Georgia. DECIDED JUNE 1, 1988. McMURRAY, Presiding Judge. Defendant’s first trial for the offense of armed robbery ended in a mistrial. Upon retrial approximately three weeks later, defendant was convicted of armed robbery and now appeals. Held: 1. In view of the victim’s identification […]

59 S.E.2d 409 KNIGHTON v. ALEXANDER. 33003.Court of Appeals of Georgia. DECIDED MAY 5, 1950. 1. While the failure of the trial court to pass upon the defendant’s special demurrer before entering upon a hearing on the facts of the case was error, nevertheless, this court having found by an examination of the pleadings that […]

251 S.E.2d 52 VANCE v. MILLER-TAYLOR SHOE COMPANY, INC. et al. 56377.Court of Appeals of Georgia.ARGUED SEPTEMBER 19, 1978. DECIDED OCTOBER 30, 1978. BELL, Chief Judge. This is a personal injury suit in which the trial court granted summary judgment to defendants. Plaintiff alleged that he purchased a pair of shoes manufactured by defendant Florsheim […]

234 S.E.2d 670 IDEAL PAINT CONTRACTORS, INC. v. HOME MART BUILDING CENTERS, INC. 53441.Court of Appeals of Georgia.SUBMITTED FEBRUARY 15, 1977. DECIDED APRIL 5, 1977. MARSHALL, Judge. The appellee sued the appellant to recover $14,970.26 on open account (in Count 1) and on a promissory note (in Count 2). The defendant answered, generally denying the […]

306 S.E.2d 322 MITCHELL v. THE STATE. 65598.Court of Appeals of Georgia. DECIDED JUNE 20, 1983. REHEARING DENIED JULY 6, 1983. CARLEY, Judge. Appellant was convicted of robbery. He appeals from the judgment and sentence entered on the guilty verdict. 1. Appellant enumerates the general grounds as error. The evidence adduced at trial shows the […]

31 S.E.2d 189 THORNTON v. SOUTHERN RAILWAY COMPANY et al. 30321.Court of Appeals of Georgia. DECIDED MAY 19, 1944. REHEARING DENIED JULY 28, 1944. 1. The motion to dismiss the bill of exceptions is denied. 2. The sustaining of the general demurrer to the petition was not error. DECIDED MAY 19, 1944. REHEARING DENIED JULY […]

422 S.E.2d 903 EKOKOTU v. PIZZA HUT, INC. et al. A92A1182.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1992. RECONSIDERATION DENIED SEPTEMBER 23, 1992. McMURRAY, Presiding Judge. After his employment as an assistant manager for appellee Pizza Hut, Inc. (“Pizza Hut”), was terminated, appellant Sunny O. Ekokotu instituted an action against the corporation and two […]

377 S.E.2d 878 HAUN v. THE STATE. 77434.Court of Appeals of Georgia. DECIDED JANUARY 4, 1989. REHEARING DENIED JANUARY 23, 1989. BIRDSONG, Judge. Brad Scott Haun was convicted of simple battery (OCGA §16-5-23.1) under an indictment alleging only aggravated assault, in that he “did unlawfully make an assault upon the person of Bryon Parris Marsh […]

244 S.E.2d 14 FOUSHI et al. v. THE STATE. 54639.Court of Appeals of Georgia.SUBMITTED OCTOBER 11, 1977. DECIDED JANUARY 26, 1978. QUILLIAN, Presiding Judge. The defendants appeal their conviction for armed robbery and automobile theft. Held: 1. The evidence amply supported the verdict. Page 609 2. It was not error to appoint one attorney to […]

325 S.E.2d 392 ALLGOOD ROAD UNITED METHODIST CHURCH, INC. et al. v. SMITH et al. 68822.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1984. REHEARING DENIED DECEMBER 10, 1984. POPE, Judge. Appellees Mrs. Georgia Huddleston Smith and Georgia L. Smith brought an action for damages against Allgood Road United Methodist Church for flooding which inundated […]

6 S.E.2d 405 HEAD, commissioner, v. McKENNEY. 27634.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1939. REHEARING DENIED DECEMBER 20, 1939. The overruling of the general demurrer to the affidavit of illegality was error. Under the evidence and the law a verdict for the plaintiff in execution was demanded, and the court erred in directing […]

452 S.E.2d 120 KARRER v. GEORGIA STATE BANK OF ROME. A94A1289.Court of Appeals of Georgia. DECIDED OCTOBER 25, 1994. RECONSIDERATION DENIED DECEMBER 16, 1994. CERT. APPLIED FOR. POPE, Chief Judge. Plaintiff, Phyllis E. Karrer, appeals the trial court’s grant of summary judgment to defendant, Georgia State Bank of Rome (Bank). On August 24, 1989, Karrer […]

650 S.E.2d 724 LAUKAITIS v. BASADRE. No. A07A0938.Court of Appeals of Georgia. DECIDED JULY 10, 2007. PHIPPS, Judge. Maryann Laukaitis was driving on an interstate highway when her car malfunctioned, forcing her to maneuver it off the roadway into the left emergency lane next to the median. After Laukaitis had exited the car, an approaching […]

405 S.E.2d 880 WOMACK INDUSTRIES, INC. v. B A EQUIPMENT COMPANY. A91A0043, A91A0738.Court of Appeals of Georgia. DECIDED APRIL 17, 1991. REHEARING DENIED MAY 7, 1991. BIRDSONG, Presiding Judge. These are appeals from a judgment and amended judgment entered upon a jury’s finding that the lien filed by B A Equipment Company is valid for […]

88 S.E.2d 194 RAILEY et al. v. HEATH. 35630.Court of Appeals of Georgia. DECIDED JUNE 6, 1955. Where no error of law appears from the record, and the evidence supports a verdict finding the return of land processioners in proceedings had under Code § 85-1605, the protestants’ motion for new trial on the general grounds […]

659 S.E.2d 885 WARNER et al. v. BROWN. No. A07A2110.Court of Appeals of Georgia. DECIDED MARCH 25, 2008. MILLER, Judge. Scott D. Warner and his wife, Susan G. Warner, appeal from the trial court’s grant of summary judgment against them and in favor of their neighbor, William H. Brown, on Brown’s claims for trespass. The […]

218 S.E.2d 671 CHAPMAN v. LATEX FILLER CHEMICAL COMPANY, INC. et al. 50832.Court of Appeals of Georgia.SUBMITTED JUNE 26, 1975. DECIDED SEPTEMBER 3, 1975. CLARK, Judge. Can a Georgia defendant sued in the county of his residence by a Georgia plaintiff maintain a third-party action in that county against a nonresident motorist? The answer is […]

390 S.E.2d 859 BROOKS v. CARSON. A89A1726.Court of Appeals of Georgia. DECIDED JANUARY 19, 1990. REHEARING DENIED FEBRUARY 2, 1990. BIRDSONG, Judge. This is an interlocutory appeal in a child custody action filed in January 1989 by the child’s natural father against the natural mother. A third party, apparently not a relative of either parent, […]

403 S.E.2d 453 COFFEE CHRYSLER-PLYMOUTH-DODGE, INC. v. NASWORTHY. A90A2209.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1991. BANKE, Presiding Judge. The appellee sued the appellant automobile dealership seeking to recover for injuries allegedly caused by the negligence of one of its employees in operating one of its vehicles. The appellant moved for summary judgment on […]

329 S.E.2d 319 BRUMBELOW v. SHONEY’S BIG BOY OF CARROLLTON, INC. ROBINSON v. SHONEY’S BIG BOY OF CARROLLTON, INC. 69463, 69464.Court of Appeals of Georgia. DECIDED MARCH 15, 1985. REHEARING DENIED MARCH 26, 1985. DEEN, Presiding Judge. On the evening of October 12, 1982, Chris Bass, at that time the manager of the appellee Shoney’s […]

345 S.E.2d 650 MULLINNIX v. THE STATE. 72404.Court of Appeals of Georgia. DECIDED MAY 14, 1986. McMURRAY, Presiding Judge. Defendant appeals from his conviction of a violation of the Georgia Controlled Substances Act, selling cocaine. Held: 1. Defendant’s first enumeration of error challenges the sufficiency of the evidence. The State’s evidence shows that an undercover […]

656 S.E.2d 180 LONDON v. THE STATE. No. A07A1762.Court of Appeals of Georgia. DECIDED DECEMBER 14, 2007. MIKELL, Judge. Following a jury trial, Johnny London was convicted of driving under the influence of alcohol to the extent he was a less safe driver, driving with an unlawful alcohol concentration, and leaving the scene of an […]

535 S.E.2d 254 CHEROKEE WAREHOUSES, INC. d/b/a CHEROKEE WAREHOUSES MATERIAL HANDLING DIVISION et al. v. BABB LUMBER COMPANY, INC. A00A0360.Court of Appeals of Georgia. DECIDED: MAY 25, 2000. RUFFIN, Judge. We granted the application for discretionary appeal filed by Cherokee Warehouses, Inc. d/b/a Cherokee Warehouses Material Handling Division (Cherokee). In five enumerations of error, Cherokee […]

415 S.E.2d 62 MELENDY v. THE STATE. A91A1540.Court of Appeals of Georgia. DECIDED JANUARY 31, 1992. ANDREWS, Judge. Melendy was convicted by a jury of driving a vehicle under the influence of alcohol in violation of OCGA § 40-6-391 (a) (4). 1. The defendant claims the trial court erred by failing to grant his motion […]

604 S.E.2d 291 McRAE v. WHITE. A04A0914.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 2004. SMITH, Chief Judge. This interlocutory appeal arises out of the trial court’s denial of the motion to dismiss filed by defendant Joshua McRae. Because we conclude that McRae presented affirmative evidence that service was improper and that plaintiff Wendy White […]

316 S.E.2d 582 RICHARDSON v. KING. 67299.Court of Appeals of Georgia. DECIDED MARCH 8, 1984. CARLEY, Judge. In this libel action, appellant-plaintiff appeals from the grant of summary judgment in favor of appellee-defendant. Appellee was granted summary judgment on the basis that his alleged libel was a conditionally privileged communication. “`To make the defense of […]

322 S.E.2d 337 BRAGG v. THE STATE. 68756.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1984. BIRDSONG, Judge. Clifford Bragg was sentenced to consecutive twelve-month periods of probated confinement based upon three offenses of driving under the influence of intoxicants. Within the period of probation, he was apprehended for an alleged offense of burglary and […]

218 S.E.2d 164 PARRISH v. RAGSDALE REALTY COMPANY, INC. et al. 50783.Court of Appeals of Georgia.ARGUED JUNE 16, 1975. DECIDED JULY 16, 1975. WEBB, Judge. Parrish appeals from the grant of appellees’ motion for summary judgment and the dismissal of his complaint with prejudice. The amended complaint alleged in substance that Parrish was a licensed […]

644 S.E.2d 906 IN THE INTEREST OF E. J., a child. No. A07A0680.Court of Appeals of Georgia. DECIDED APRIL 6, 2007. BERNES, Judge. The mother of four-year-old E. J. appeals the juvenile court’s order terminating her parental rights. The mother contends that there was insufficient evidence supporting the trial court’s findings. We disagree and affirm. […]

71 S.E.2d 756 MITCHELL v. THE STATE. 34078.Court of Appeals of Georgia. DECIDED MAY 30, 1952. REHEARING DENIED JUNE 13, 1952. GARDNER, P. J. (a) The plaintiff in error, Gordon L. Mitchell (whom we shall call the defendant), was indicted together with Roy Mitchell, Claude Slayden, and Frank Thomas. The indictment contained 47 counts charging […]

622 S.E.2d 99 LEE v. KIM. A05A2159.Court of Appeals of Georgia. DECIDED OCTOBER 17, 2005. BLACKBURN, Presiding Judge. In this personal injury action filed two days before the applicable statute of limitation was to run, plaintiff Won Suk Lee appeals the dismissal of his complaint where the only basis for the court’s ruling was that […]

350 S.E.2d 807 WILSON v. THE STATE (two cases). VOYLES v. THE STATE. 72381, 72382. 72383.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1986. REHEARING DENIED NOVEMBER 17, 1986. McMURRAY, Presiding Judge. Charles Winfield Wilson, a/k/a Robert Thomas Wilson (defendant Wilson) and James Daniel Voyles (defendant Voyles) were indicted for armed robbery, burglary and the […]

149 S.E.2d 255 A.A.A. PARKING, INC. v. BIGGER. 41763.Court of Appeals of Georgia.ARGUED JANUARY 11, 1966. DECIDED APRIL 20, 1966. REHEARING DENIED MAY 3, 1966. 1. (a) If a bailee, through his negligence amounting to misfeasance, inflict injury upon the bailed property, the bailor may bring an action ex delicto, or he may declare upon […]

329 S.E.2d 538 BUNCH et al. v. STANTON et al. 69302.Court of Appeals of Georgia. DECIDED MARCH 8, 1985. REHEARING DENIED MARCH 28, 1985. BEASLEY, Judge. This is an appeal from a grant of summary judgment, and the question is the nature of defendants’ legal duty to plaintiffs in these circumstances and whether they failed […]

104 S.E.2d 595 HOLCOMBE v. PARKER. 37212.Court of Appeals of Georgia. DECIDED JULY 16, 1958. The petition in its final form set forth a suit on account plainly, fully, and distinctly, and was not subject to demurrer. DECIDED JULY 16, 1958. Action on account. Cobb Superior Court. Before Judge Manning. April 16, 1958. W. S. […]

369 S.E.2d 547 BOWERS v. SAFECO INSURANCE COMPANY OF AMERICA. 76233.Court of Appeals of Georgia. DECIDED MAY 23, 1988. BIRDSONG, Chief Judge. Cline Bowers complains of a grant of summary judgment to his insurer, Safeco Insurance Company of America, awarded on the basis that Bowers, in violation of the policy limitation, filed suit against Safeco […]

162 S.E.2d 852 D. G. MACHINERY GAGE COMPANY v. HARDY et al. 43458.Court of Appeals of Georgia.SUBMITTED FEBRUARY 6, 1968. DECIDED JUNE 6, 1968. REHEARING DENIED JUNE 24, 1968. HALL, Judge. The plaintiff enumerates as error the order of the trial court dismissing its petition. 1. The appellee filed a motion to dismiss the appeal […]

162 S.E.2d 222 WOODEN v. MICHIGAN NATIONAL BANK. 43672.Court of Appeals of Georgia.SUBMITTED MAY 7, 1968. DECIDED JUNE 6, 1968. A party who furnished labor and installed furnaces in mobile homes (trailers) which were subject to recorded mortgages Page 853 titled in Georgia, but did not perfect a lien or security interest by the method […]

526 S.E.2d 159 BATTERSBY v. BOYER et al. AMERICAN HONDA MOTOR COMPANY, INC. v. BOYER et al. A99A1540, A99A1541.Court of Appeals of Georgia. DECIDED: NOVEMBER 24, 1999 POPE, Presiding Judge. Plaintiff Jeanne Boyer was riding as a passenger on a four-wheel all-terrain vehicle operated by her thirteen-year-old son when it flipped over and landed on […]

76 S.E.2d 446 BRYANT v. THE STATE. 34628.Court of Appeals of Georgia. DECIDED MAY 14, 1953. 1. Evidence that a short time prior to the apprehension of the defendant he purchased large quantities of sugar is admissible on his trial for manufacturing liquor as a circumstance to show his guilt, sugar being a commodity forming […]

261 S.E.2d 738 COOPER et al. v. MASON et al. 58466.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 25, 1979. DECIDED OCTOBER 15, 1979. McMURRAY, Presiding Judge. This is an action for damages arising from the sale by the defendants to plaintiffs of certain real property. The plaintiffs filed their complaint in three counts to which the […]

526 S.E.2d 141 GALINDO v. LANIER WORLDWIDE, INC. A99A1357.Court of Appeals of Georgia. DECIDED: NOVEMBER 23, 1999. POPE, Presiding Judge. Alexis Galindo, d/b/a Law Offices of A. Galindo, appeals the decision of the Superior Court of DeKalb County confirming an arbitration award in favor of Lanier Worldwide, Inc. Galindo’s primary argument is that the arbitrator […]

415 S.E.2d 197 BAXLEY VENEER CLETE COMPANY et al. v. MADDOX; and vice versa. A90A1525, A90A1526.Court of Appeals of Georgia. DECIDED JANUARY 27, 1992. COOPER, Judge. This court entered a judgment in the above-styled case at 198 Ga. App. 235 (401 S.E.2d 282) (1990) reversing the judgment of the trial court. In that case we […]

246 S.E.2d 470 HUDSON v. THE STATE. 55760.Court of Appeals of Georgia.ARGUED MAY 1, 1978. DECIDED JUNE 29, 1978. SMITH, Judge. The appellant, indicted for murder but convicted of voluntary manslaughter, contends on appeal that the trial court erred in refusing his requested charge on involuntary manslaughter. We disagree and affirm. The trial court’s refusal […]