Category: Georgia Court of Appeals Opinions

171 S.E.2d 359 DILL et al. v. GUTHRIE et al. 44796.Court of Appeals of Georgia.ARGUED OCTOBER 8, 1969. DECIDED OCTOBER 21, 1969. PANNELL, Judge. Charles Dill, Helen Dill, and Michele A. Dill, a minor, by her next friend and father, Charles Dill, brought an action against Mary Guthrie and Sam E. Guthrie seeking recovery for […]

329 S.E.2d 219 GITHENS v. ROBERTS. 69175.Court of Appeals of Georgia. DECIDED MARCH 6, 1985. REHEARING DENIED MARCH 26, 1985. BEASLEY, Judge. Plaintiff-appellant Githens was formerly married to defendant-appellee Roberts and they were divorced in March 1981. Their settlement agreement was made a part of the divorce decree and provided for the disposition of their […]

287 S.E.2d 313 CARTER v. THE STATE. 62420.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 1981. SHULMAN, Presiding Judge. A jury found appellant guilty of burglary and he was sentenced to serve ten years. He now appeals, arguing that the evidence was insufficient and maintaining that the confession used against him was not made voluntarily. […]

197 S.E.2d 781 BATES v. METROPOLITAN TRANSIT SYSTEM, INC. 47764.Court of Appeals of Georgia.SUBMITTED JANUARY 11, 1973. DECIDED APRIL 4, 1973. PANNELL, Judge. This appeal is from an order of the trial court sustaining defendant-appellee’s motion for judgment notwithstanding the verdict on the issue of the application of the statute of limitation in a civil […]

108 S.E.2d 731 CHRONISTER v. CITY OF ATLANTA. 37618.Court of Appeals of Georgia. DECIDED APRIL 24, 1959. 1. “Where a city constructs and operates an airport under statutory authority, the airport will not be adjudged a nuisance if it is constructed and operated in a proper manner. Such noises and dust as are created by […]

618 S.E.2d 81 PATTERSON v. THE STATE. A05A0390.Court of Appeals of Georgia. DECIDED JULY 12, 2005. PHIPPS, Judge. Floyd Patterson appeals from his convictions of burglary, aggravated assault, battery, and possession of tools for the commission of a crime. Patterson contends: (1) the trial court erred by denying his motion to suppress evidence of a […]

425 S.E.2d 296 AUGUSTINE et al. v. FRAME; and vice versa. A92A1637, A92A1640.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1992. RECONSIDERATION DENIED NOVEMBER 18, 1992. POPE, Judge. On September 24, 1987, Chef Richard P. Augustine received physical therapy for his fractured arm from Marty Frame, a licensed physical therapist. After performing the exercise portion […]

449 S.E.2d 651 BARNETT v. THE STATE. A94A1509.Court of Appeals of Georgia. DECIDED OCTOBER 25, 1994. POPE, Chief Judge. Defendant was charged with two counts of felony murder, possession of a firearm by a convicted felon and two counts of aggravated assault. He was convicted by a jury of voluntary manslaughter, possession Page 47 of […]

99 S.E.2d 736 WILSON v. CHUMNEY. 36680.Court of Appeals of Georgia. DECIDED JULY 1, 1957. REHEARING DENIED JULY 18, 1957. CARLISLE, J. 1. It is not contrary to the public policy of this State for a putative father to be ordered to support his illegitimate children, and provision is specifically made for compelling him to […]

133 S.E.2d 903 BARTELL v. DEL COOK LUMBER COMPANY. WALKER v. DEL COOK LUMBER COMPANY. 40204, 40205.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1963. Where the circumstantial evidence relied on by the plaintiffs to make out their cases is as consistent with the lack of negligence of the defendant as with its negligence the […]

219 S.E.2d 604 KERSH et al. v. MANIS WHOLESALE COMPANY et al. 50830.Court of Appeals of Georgia.SUBMITTED JUNE 25, 1975. DECIDED SEPTEMBER 5, 1975. REHEARING DENIED OCTOBER 1, 1975. QUILLIAN, Judge. Douglas and Dorothy Kersh brought a complaint in Whitfield Superior Court against Manis Wholesale Co. and Wheeler J. Manis. As stated in the brief […]

514 S.E.2d 896 SPRUELL v. THE STATE. A98A2473.Court of Appeals of Georgia. DECIDED: MARCH 18, 1999 BARNES, Judge. After two earlier prosecutions ended in mistrials, Michael Spruell was convicted of rape, aggravated assault, and attempted aggravated sodomy. He now appeals, contending the trial court erred by allowing a victim to identify him as the person […]

653 S.E.2d 486 QUALITY FOODS, INC. et al. v. SMITHBERG et al; and vice versa. Nos. A07A1352, A07A1353.Court of Appeals of Georgia. DECIDED OCTOBER 9, 2007. RECONSIDERATION DENIED OCTOBER 25, 2007. JOHNSON, Presiding Judge. This dispute arises out of the sale of Unit Two in the Paxton Building condominium in Savannah. Quality Foods, Inc. bought […]

304 S.E.2d 555 JOHNS v. LEASEWAY OF GEORGIA, INC. 65819.Court of Appeals of Georgia. DECIDED MAY 3, 1983. QUILLIAN, Presiding Judge. Appeal by a surety from a judgment on a surety agreement. Defendant-appellant Johns was the sole shareholder and president of American Transport Lines, Inc., a trucking company. Plaintiff-appellee Leaseway of Georgia, Inc., leased trucks. […]

218 S.E.2d 278 THE STATE v. HOUSTON. 50060.Court of Appeals of Georgia. DECIDED SEPTEMBER 2, 1975. STOLZ, Judge. The judgment of the Court of Appeals in the above-captioned case, 134 Ga. App. 36 (213 S.E.2d 139), having been affirmed in part and reversed in part by the Supreme Court of Georgia i State v. Houston, […]

596 S.E.2d 729 HAMMOND v. CARNETT’S, INC. A03A2487.Court of Appeals of Georgia. DECIDED MARCH 12, 2004. JOHNSON, Presiding Judge. Carnett’s, Inc., operates car washes in the Atlanta area. It hired Sunbelt Communications and Marketing, LLC, to send advertisements to 73,500 facsimile machines in the Atlanta area. One of those advertisements was sent to a facsimile […]

130 S.E.2d 350 FELDMAN v. EDWARDS et al. (three cases). 39906, 39907, 39908.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 1963. REHEARING DENIED FEBRUARY 26, 1963. NICHOLS, Presiding Judge. Bruce B. Edwards represented the claimants in three workmen’s compensation proceedings and during the period that the litigation continued he associated Albert P. Feldman as associate […]

306 S.E.2d 397 TEDESCO v. CDC FEDERAL CREDIT UNION. 65585.Court of Appeals of Georgia. DECIDED JULY 7, 1983. DEEN, Presiding Judge. Appellant Ferdinand Tedesco entered into a credit agreement with appellee CDC Federal Credit Union (CDC) whereby appellant was enabled to borrow monies up to a limit of $30,000, and simultaneously executed a Deed to […]

250 S.E.2d 794 NORDMANN v. INTERNATIONAL FOLLIES, INC. et al. 56347.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1978. DECIDED OCTOBER 23, 1978. REHEARING DENIED NOVEMBER 14, 1978. BANKE, Judge. The plaintiff sued to recover for injuries which he received while patronizing a nightclub operated by defendant International Follies, Inc. He was severely beaten by the […]

259 S.E.2d 152 RYLAND GROUP, INC. v. GWINNETT COUNTY BANK et al. 58125.Court of Appeals of Georgia.ARGUED JULY 11, 1979. DECIDED SEPTEMBER 4, 1979. BANKE, Judge. The appellant brought suit against appellees Gwinnett County Bank and Jack Harper to recover on certain checks drawn on appellant’s account at the bank and allegedly paid without proper […]

198 S.E.2d 387 DURHAM v. THE STATE. 48080.Court of Appeals of Georgia.ARGUED APRIL 10, 1973. DECIDED APRIL 25, 1973. STOLZ, Judge. The defendant appeals from his conviction and sentence for voluntary manslaughter. Held: 1. The evidence, although circumstantial, authorized the verdict, since it showed that the defendant and the decedent were alone engaging in a […]

433 S.E.2d 331 ENGLEHART et al. v. OKI AMERICA, INC. A93A0128.Court of Appeals of Georgia. DECIDED JUNE 11, 1993. RECONSIDERATION DENIED JUNE 24, 1993. JOHNSON, Judge. A. R. Weeks Associates acted as general contractor on a project for the construction of a building owned by OKI America, Inc. During construction, there were several openings in […]

226 S.E.2d 274 WALKER v. THE STATE. 52062.Court of Appeals of Georgia.ARGUED APRIL 8, 1976. DECIDED APRIL 21, 1976. EVANS, Judge. Defendant was indicted and convicted for the unlawful possession of marijuana, a controlled substance. He was sentenced to serve a term of two years. Motion for new trial was filed and, as amended, denied. […]

77 S.E.2d 579 POLLOCK v. CITY OF ALBANY. 34692.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1953. 1. The defendant’s oral renewal and insistence upon its demurrers as filed to the original petition, where the plaintiff amended his petition before the demurrers were ruled upon, was sufficient to renew the general grounds of demurrer so […]

526 S.E.2d 863 STROBHERT v. THE STATE. A99A1960.Court of Appeals of Georgia. DECIDED: DECEMBER 8, 1999. ANDREWS, Presiding Judge. Alan Strobhert appeals from the judgment entered after a jury found him guilty of driving left of center and obstruction of a law enforcement officer. Strobhert claims the trial court’s charge to the jury was misleading […]

231 S.E.2d 130 SHINE v. SPORTSERVICE CORPORATION. 52995.Court of Appeals of Georgia.SUBMITTED NOVEMBER 1, 1976. DECIDED NOVEMBER 5, 1976. BELL, Chief Judge. Plaintiff’s motion for summary judgment was granted on April 27, 1976. On May 26, 1976, defendant filed a motion for new trial which was denied on June 23, 1976. A notice of appeal […]

288 S.E.2d 759 BEASLEY v. THE STATE. 63131.Court of Appeals of Georgia. DECIDED MARCH 4, 1982. REHEARING DENIED MARCH 19, 1982. SHULMAN, Presiding Judge. Edward Foster bled to death from a wound he received in a scuffle at the Blackshear-vidalia high school football game. Appellant was charged with the murder of Foster and was convicted […]

239 S.E.2d 552 WEETER v. HOLT. 54692.Court of Appeals of Georgia.SUBMITTED OCTOBER 6, 1977. DECIDED OCTOBER 26, 1977. DEEN, Presiding Judge. Duane Weeter appeals from a jury verdict awarding appellee $2,300 for breach of a building contract and a home improvement contract. Appellee filed a motion to dismiss the appeal under Court of Appeals Rule […]

677 S.E.2d 334 FOUNTAIN v. UNUM LIFE INSURANCE COMPANY OF AMERICA et al. No. A08A2083.Court of Appeals of Georgia. DECIDED MARCH 12, 2009. RECONSIDERATION DENIED APRIL 10, 2009. ADAMS, Judge. At issue is whether Walter Fountain was totally disabled for purposes of an accidental death and dismemberment policy issued by Unum Life Insurance Company of […]

79 S.E.2d 816 CITY OF MACON v. CANNON. 34820.Court of Appeals of Georgia. DECIDED JANUARY 14, 1954. 1. In a suit against a municipality for maintaining a sewer as a nuisance, it was not error to admit evidence of increased flow of water, through a sewer or drain running across the plaintiff’s property, after the […]

472 S.E.2d 524 CAREY v. W. R. GRACE COMPANY, CONN. A96A0745.Court of Appeals of Georgia. DECIDED JUNE 17, 1996 — CERT. APPLIED FOR. BIRDSONG, Presiding Judge. Appellant/plaintiff Ransom D. Carey, Sr. appeals from the order of the superior court granting summary judgment to appellee/defendant W. R. Grace Company, Conn. (Grace Company). This is a negligence […]

353 S.E.2d 618 COODY v. THE STATE. 73566.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1987. POPE, Judge. Lindy Joe Coody brings this appeal from his convictions of operating a motor vehicle after having been declared a habitual violator, leaving the scene of an accident, and operating a motor vehicle without effective insurance thereon. Held: […]

98 S.E.2d 659 NICHOLS v. WILLIAMS PONTIAC, INC., et al. 36686.Court of Appeals of Georgia. DECIDED MAY 17, 1957. TOWNSEND, J. 1. Where the purchaser of personal property has been injured by the false and fraudulent representations of the seller as to the subject matter thereof, he ordinarily has an election whether to rescind the […]

544 S.E.2d 164 PAUL v. THE STATE. A99A2502.Court of Appeals of Georgia. Decided: November 22, 2000. MIKELL, Judge. In Paul v. State, 240 Ga. App. 699 (524 S.E.2d 549) (1999), we affirmed Larry Marion Paul’s conviction of aggravated assault with a deadly weapon and possession of a knife during the commission of certain crimes. On […]

211 S.E.2d 400 MATHIS v. THE STATE. 49855.Court of Appeals of Georgia.ARGUED NOVEMBER 4, 1974. DECIDED DECEMBER 3, 1974. BELL, Chief Judge. The defendant was indicted for aggravated assault. The indictment also charged that he had been previously convicted of an offense and sentenced to confinement and Page 446 labor in the penitentiary. His special […]

666 S.E.2d 576 DAVE LUCAS COMPANY, INC. et al. v. LEWIS et al. No. A08A0893.Court of Appeals of Georgia. DECIDED JULY 24, 2008. RECONSIDERATION DENIED AUGUST 14, 2008. JOHNSON, Presiding Judge. Pat Lewis and Dwight Lewis (hereinafter “Lewis”) sued Dave Lucas and Dave Lucas Company, Inc. (hereinafter “Lucas”) for negligent construction of a swimming pool. […]

310 S.E.2d 549 GATEWAY LEASING CORPORATION v. HEATH. 66937.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1983. REHEARING DENIED NOVEMBER 16, 1983. BANKE, Judge. The plaintiff filed suit to recover damages for the defendant’s alleged breach of a motor vehicle lease agreement, and the defendant counterclaimed for damages for breach of contract and fraud. Following […]

113 S.E.2d 413 LUPION v. BLASS. 38105.Court of Appeals of Georgia. DECIDED MARCH 11, 1960. Under the allegations of the petition, the defendant was chargeable with constructive notice of the condition causing the plaintiff’s injury, but the plaintiff’s evidence wholly failed to show any facts or circumstances such as to put the defendant on notice, […]

586 S.E.2d 747 ROGERS et al. v. NORRIS. A03A1180.Court of Appeals of Georgia. DECIDED: AUGUST 22, 2003 MILLER, Judge. Ginger Rogers (individually and on behalf of her minor child) appeals from the trial court’s order granting Jody Lee Norris’s motion to dismiss her appeal pursuant to OCGA § 5-6-48(c) for an unreasonable delay in paying […]

24 S.E.2d 225 McLENDON v. McLENDON. 29835.Court of Appeals of Georgia. DECIDED JANUARY 27, 1943. SUTTON, J. 1. The judgment of this court in McLendon v. McLendon, 66 Ga. App. 156 (17 S.E.2d 252), affirming the ruling of the trial court, on a general ground of demurrer, that the action was not barred as to […]

74 S.E.2d 249 CURRY v. THE STATE (two cases). 34349, 34350.Court of Appeals of Georgia. DECIDED JANUARY 24, 1953. 1. A conviction for the offense of molesting minors, as set forth in Code (Ann. Supp.) § 26-1301a, may be authorized by the evidence although there is no corroboration of the testimony of the prosecuting witness, […]

191 S.E.2d 584 PATTERSON v. THE STATE. 47281.Court of Appeals of Georgia.ARGUED MAY 23, 1972. DECIDED JULY 10, 1972. REHEARING DENIED JULY 21, 1972. 1. As there was not an independent determination of probable cause by a neutral and detached magistrate, the search warrant issued in this case was void. It was error to deny […]

301 S.E.2d 492 JOHNSON v. GAMWELL. 65556.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1983. DEEN, Presiding Judge. Demetrius C. Johnson appeals from the grant of a judgment on the pleadings contending that fraud on the part of an attending physician tolls the two year statute of limitations under OCGA §9-3-71 (Code Ann. § 3-1102) […]

52 S.E.2d 325 FREE v. ASSOCIATED INDEMNITY CORPORATION et al. 32330.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1949. REHEARING DENIED MARCH 24, 1949. 1. Where the validity of a claim depends upon injurious and hazardous exposure, within the meaning of the Workmen’s Compensation Law, to an occupational disease, and further depends upon whether or […]

483 S.E.2d 650 MORRIS v. BAXTER. A96A2291.Court of Appeals of Georgia. DECIDED MARCH 5, 1997. RUFFIN, Judge. Carolyn Morris sued John Baxter for the wrongful death of her daughter, Deborah Easterwood, who committed suicide. The trial court granted Baxter summary judgment, and Morris appeals. For reasons which follow, we affirm. Summary judgment is appropriate when […]

462 S.E.2d 783 TENANT v. THE STATE A95A1236Court of Appeals of Georgia. DECIDED OCTOBER 2, 1995 RUFFIN, Judge. John Ray Tenant was charged in a five-count indictment with false imprisonment, aggravated sodomy, and rape against one female victim on July 10, 1993, and with kidnapping and criminal attempt to commit aggravated sodomy against another female […]

673 S.E.2d 268 HOLCOMB v. NORFOLK SOUTHERN RAILWAY COMPANY (two cases). Nos. A08A1596, A08A1657.Court of Appeals of Georgia. DECIDED JANUARY 22, 2009. RECONSIDERATION DENIED FEBRUARY 4, 2009. MILLER, Chief Judge. Emily Holcomb suffered multiple broken bones when she was hit by a Norfolk Southern Railway Company (“Norfolk Southern”) train at a pedestrian crossing on the […]

154 S.E.2d 32 ASSOCIATED DISTRIBUTORS, INC. v. CANUP. 42340.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1966. DECIDED FEBRUARY 3, 1967. FRANKUM, Judge. Stripping the petition of its conclusions, the only negligence charged against the defendant in this case is that it maintained on a paved parking area adjacent to its loading platform a mound of […]

136 S.E.2d 509 TROUP COUNTY BOARD OF COMMISSIONERS v. PUBLIC FINANCE CORPORATION. 40584.Court of Appeals of Georgia. DECIDED APRIL 7, 1964. EBERHARDT, Judge. 1. Where a county is the garnishee under Code Ann. Ch. 46-8, a valid judgment cannot be entered against the governmental unit without its consent as specifically provided for in Code Ann. […]

193 S.E.2d 59 CITY OF GAINESVILLE v. BUTTS. 47519.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1972. DECIDED SEPTEMBER 25, 1972. EBERHARDT, Presiding Judge. John Butts, Jr. was convicted in the Recorder’s Court of the City of Gainesville on a Page 141 charge of disorderly conduct. He applied to and obtained from the Superior Court of […]

480 S.E.2d 277 UPSHAW v. HALE INTERMODAL TRANSPORT COMPANY ET AL. A96A1648.Court of Appeals of Georgia. DECIDED JANUARY 14, 1997. SMITH, Judge. Henry Upshaw, the owner-operator of an 18-wheel tractor-trailer, leased both his truck and his services as a driver to Hale Intermodal Transport Co. He was seriously injured in a vehicular accident on Interstate […]

399 S.E.2d 83 PAYNE v. JOYNER et al. A90A0726.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1990. BEASLEY, Judge. Payne, who was not wearing a seat belt and was injured upon falling from an open jeep when Joyner swerved to avoid another vehicle at an intersection, appeals the denial of her motion for new trial. […]

415 S.E.2d 502 LIFE CARE AMBULANCE, INC. v. HOSPITAL AUTHORITY OF GWINNETT COUNTY. A91A1552.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1992. RECONSIDERATION DENIED FEBRUARY 18, 1992. ANDREWS, Judge. Life Care Ambulance, Inc. (Life Care) sued the Hospital Authority of Gwinnett County (Gwinnett Hospital) seeking damages under three causes of action. First, Life Care alleged […]

623 S.E.2d 518 CRAIG v. THE STATE. A05A2300.Court of Appeals of Georgia. DECIDED OCTOBER 21, 2005. RECONSIDERATION DENIED NOVEMBER 14, 2005. MIKELL, Judge. Oliver Craig, Jr., appeals his convictions of leaving the scene of an accident (Count 1), following too closely (Count 2), and driving without a license (Count 3). He challenges the sufficiency of […]

538 S.E.2d 800 SASSER v. ADKINSON. A00A1234.Court of Appeals of Georgia. DECIDED: AUGUST 30, 2000. RUFFIN, Judge. On July 20, 1998, Pam Sasser filed a family violence petition against Mike Adkinson pursuant to O.C.G.A. § 19-13-1 et seq. A temporary protective order was entered, preventing Adkinson from having any contact with Sasser or her daughter. […]

433 S.E.2d 707 ROBINSON v. STATE OF GEORGIA. A93A0492.Court of Appeals of Georgia. DECIDED JULY 13, 1993. ANDREWS, Judge. This case involves the condemnation of property pursuant to OCGA § 16-13-49. On June 5, 1992, the State filed a complaint for forfeiture of certain property of Robinson’s which had been seized pursuant to a search […]

624 S.E.2d 182 IN THE INTEREST OF R.M. et al., children (two cases). A05A1193, A05A1194.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 2005. RECONSIDERATIONS DENIED DECEMBER 7, 2005. BARNES, Judge. In these two related cases, the mother and father[1] of R.M. and R.M., Jr. (“Jr.”) each separately appeal from the juvenile court’s order adjudicating the […]

421 S.E.2d 284 MOUNTAIN v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY. A92A0190.Court of Appeals of Georgia. DECIDED MAY 19, 1992. RECONSIDERATION DENIED JULY 23, 1992. COOPER, Judge. John Chandler (“Chandler”), an employee of appellee for 25 years, was sent to appellant’s residence to reestablish her telephone service. Appellant alleges that after completing his work, Chandler raped […]

453 S.E.2d 119 STRACHAN v. MERITOR MORTGAGE CORPORATION EAST. A95A0594.Court of Appeals of Georgia. DECIDED JANUARY 13, 1995. McMURRAY, Presiding Judge. This direct appeal followed a de novo ruling by the State Court of Fulton County from a decision of the magistrate court on a dispossessory petition. Appeals from such decisions must be made via […]

140 S.E.2d 511 GARNER, By Next Friend v. SHARP et al. 41008.Court of Appeals of Georgia. DECIDED JANUARY 6, 1965. REHEARING DENIED JANUARY 25, 1965. JORDAN, Judge. This was a suit to recover damages for personal injuries sustained by the plaintiff when his automobile struck the rear of a tractor being operated by one of […]

485 S.E.2d 809 HUMANA, INC. v. KISSUN et al. A95A2781Court of Appeals of Georgia. DECIDED APRIL 1, 1997 — RECONSIDERATION DENIED APRIL 29, 1997 BLACKBURN, Judge. In Humana, Inc. v. Kissun, 221 Ga. App. 64, 69 (471 S.E.2d 514) (1996), a case involving the use of a subsidiary corporation by a parent corporation, this Court […]

166 S.E.2d 404 DOWDA v. THE STATE. 44024.Court of Appeals of Georgia.ARGUED OCTOBER 7, 1968. DECIDED JANUARY 31, 1969. WHITMAN, Judge. 1. The appeal in this case is from the denial of the defendant’s motion for new trial as amended. One of the special grounds of the motion was that the trial court abused its […]

578 S.E.2d 537 AMADOR v. THOMAS. A03A0793.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 2003 PHIPPS, Judge. This case began as a quia timet (quiet title) action by a property owner, Jeffrey Thomas, against two materialman’s lien claimants, Rodney Amador and James Taylor. After Amador and Taylor canceled their liens, Thomas’s claim against them for […]

451 S.E.2d 80 TADLOCK et al. v. DUNCAN. A94A1490.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1994. RECONSIDERATION DENIED DECEMBER 5, 1994. SMITH, Judge. Appellants Bill R. and Sara C. Tadlock leased certain commercial property to appellee J. C. Duncan for a five-year term from February 1, 1991 to January 31, 1996. In May 1991, […]

422 S.E.2d 257 FULTON v. THE STATE. A92A0922.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. CARLEY, Presiding Judge. Appellant was tried before a jury and found guilty of three counts of child molestation. He appeals from the judgments of conviction and sentences entered by the trial court on the jury’s guilty verdicts. 1. Over […]

262 S.E.2d 199 EVANS v. THE STATE. 58372.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 24, 1979. DECIDED OCTOBER 22, 1979. UNDERWOOD, Judge. Evans was tried in the State Court of DeKalb County for public drunkenness and obstructing a law officer in the lawful discharge of his official duties. He was found not guilty of public drunkenness […]

177 S.E.2d 179 SNIDER v. WILLIAMS. 45319.Court of Appeals of Georgia.SUBMITTED MAY 5, 1970. DECIDED SEPTEMBER 8, 1970. PANNELL, Judge. The question in this case, a damage action arising out of an automobile collision, is whether the evidence adduced on the trial authorized the direction of a verdict of liability against the defendant as against […]

656 S.E.2d 907 OVIP, INC. v. BLOCKBUSTER TEXTILES, LLC. No. A07A1909.Court of Appeals of Georgia. DECIDED JANUARY 24, 2008. ADAMS, Judge. Blockbuster Textiles, LLC, a linen supply company, brought suit against OVIP, Inc. d/b/a Vinings Inn seeking to recover on an open account and for damages for breach of the parties’ contract. OVIP subsequently filed […]

305 S.E.2d 391 GENINS v. BOYD et al. 65963.Court of Appeals of Georgia. DECIDED MAY 11, 1983. REHEARING DENIED JUNE 8, 1983. BIRDSONG, Judge. Appellant petitioned the probate court of Henry County for letters of Administration De Bonis Non for the estates of Clem Boyd and Angie B. Hansen. The petition was denied by the […]

474 S.E.2d 708 MARTINEZ v. THE STATE. A96A1048.Court of Appeals of Georgia. DECIDED AUGUST 15, 1996. ELDRIDGE, Judge. A confidential informant set up a controlled drug buy in Gwinnett County under G.B.I. surveillance from Nestaly Arocho on November 29, 1993, December 2, 1993, and December 20, 1993. The confidential informant met Arocho at the Circle […]

370 S.E.2d 765 ARGONAUT INSURANCE COMPANY et al. v. ATLANTIC WOOD INDUSTRIES, INC.; and vice versa. 76057, 76058.Court of Appeals of Georgia. DECIDED MAY 27, 1988. REHEARINGS DENIED JUNE 9, 1988. CARLEY, Judge. Appellee-cross-appellant Atlantic Wood Industries, Inc. (Insured) filed a two-count complaint, alleging that it was or, at some point, had been afforded liability […]

710 S.E.2d 577 DAVIS v. CITIMORTGAGE, INC. A11A0421.Court of Appeals of Georgia. DECIDED APRIL 7, 2011. RECONSIDERATION DENIED APRIL 21, 2011 MCFADDEN, Judge. LaShunda Davis appeals the grant of a writ of possession to CitiMortgage, Inc. Davis challenges CitiMortgage’s title as well as its failure to file a notice of substitution of counsel. Because Davis […]

8 S.E.2d 94 SMITH v. THE STATE. 27853.Court of Appeals of Georgia. DECIDED JANUARY 12, 1940. REHEARING DENIED MARCH 30, 1940. 1. The indictment conformed substantially to the statute, and was not subject to the special demurrer thereto. 2. The evidence amply authorized the verdict, and none of the special grounds complaining of certain excerpts […]

21 S.E.2d 485 COX v. BANK OF OCHLOCHNEE. 29451.Court of Appeals of Georgia. DECIDED JULY 6, 1942. REHEARING DENIED JULY 28, 1942. The court did not err in granting a new trial. DECIDED JULY 6, 1942. REHEARING DENIED JULY 28, 1942. Trover; from Camilla city court — Judge Warren. November 7, 1941. (Application to Supreme […]

132 S.E.2d 819 KINIARD v. THE STATE. 40315.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1963. JORDAN, Judge. The defendant was tried and convicted of burglary. His motion for new trial on the general grounds and one special ground which attacked the admissibility of a written confession as not having been freely and voluntarily made […]

612 S.E.2d 885 WACHOVIA BANK SAVANNAH, N.A. et al. v. KITCHEN et al. A04A1952.Court of Appeals of Georgia. DECIDED MARCH 30, 2005. BLACKBURN, Presiding Judge. Following the trial court’s denial of its motion to strike the voluntary dismissal of a case brought against it by Harry Kitchen, Jr. and Charlotte S. Kitchen (the Kitchens), Wachovia […]

650 S.E.2d 786 BAKER v. THE STATE. No. A07A1230.Court of Appeals of Georgia. DECIDED AUGUST 7, 2007. MILLER, Judge. Following a stipulated bench trial, Frank A. Baker was convicted of driving under the influence (DUI) and possession of an open alcoholic beverage container. OCGA §§ 40-6-391; 40-6-253. Baker appeals, contending that the trial court erred […]

22 S.E.2d 409 STILL v. THE STATE. 29576.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1942. The verdict was not authorized by the evidence, and the denial of a new trial was error. DECIDED OCTOBER 9, 1942. Cheating and swindling; from Gwinnett city court — Judge Cooley. January 30, 1942. John I. Kelley, Philip E. […]

576 S.E.2d 38 ASSURANCE COMPANY OF AMERICA v. BBB SERVICE CO., INC.; and vice versa. A02A2446, A02A2447.Court of Appeals of Georgia. DECEMBER 23, 2002 JOHNSON, Presiding Judge. BBB Service Co., Inc., owns several Wendy’s Old Fashioned Hamburgers restaurants in Florida and Georgia. BBB contracted with Assurance Company of America for insurance covering its restaurants. One […]

600 S.E.2d 778 TUCKER v. THOMAS C. TALLEY, M.D., P.C. et al. A04A0886.Court of Appeals of Georgia. DECIDED JUNE 14, 2004. JOHNSON, Presiding Judge. Carolyn Tucker, as legal guardian of Lorie T. Justice (“Justice”), appeals from the trial court’s order granting Thomas C. Talley, M.D., P.C.’s (“Talley”) and Talley Stroud, LLC’s (“LLC”) motion to dismiss. […]

286 S.E.2d 346 NORTH v. TOCO HILLS, INC. 62593.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1981. McMURRAY, Presiding Judge. Toco Hills, Inc. is a Georgia corporation located and doing business in DeKalb County, Georgia. On June 28, 1980, it was the owner of a small pond located on its property in Gwinnett County, Georgia, […]

204 S.E.2d 810 SHELTERS, INC. v. MANKIN et al. 48567.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1973. DECIDED FEBRUARY 12, 1974. BELL, Chief Judge. The plaintiffs’ demands on the defendant corporation for an opportunity to examine the books, records and minutes of the defendant and for a profit and loss statement for the most recent […]

149 S.E.2d 740 GEORGIA POWER COMPANY v. McELMURRAY. 41923.Court of Appeals of Georgia.ARGUED APRIL 6, 1966. DECIDED JUNE 2, 1966. The court erred in overruling the Georgia Power Company’s motion for a judgment n.o.v. as to its plea of accord and satisfaction, it having become the law of the case that it was not subject […]

576 S.E.2d 7 DEVOTIE et al. v. TURNER ARENA OPERATIONS, INC. A02A2026.Court of Appeals of Georgia. DECIDED: DECEMBER 3, 2002 ELLINGTON, Judge. James and Christine Devotie appeal from the trial court’s grant of summary judgment to Turner Arena Operations, Inc. in this personal injury suit and its derivative loss of consortium claim. Finding no error, […]

463 S.E.2d 169 HOLLAND v. THE STATE. A95A1424.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1995. McMURRAY, Presiding Judge. This appeal followed entry of judgment of conviction and sentence on defendant’s guilty plea for possession of cocaine in violation of Georgia’s Controlled Substances Act. In his sole enumeration of error, defendant contends his guilty plea […]

678 S.E.2d 120 McKELVEY v. GEORGIA JUDICIAL RETIREMENT SYSTEM. No. A09A0115.Court of Appeals of Georgia. DECIDED APRIL 30, 2009. PHIPPS, Judge. Through a complex statutory scheme, the Georgia Judicial Retirement System (JRS) bases retirement contributions and benefits Page 651 on a member’s “salary,”[1] which is defined as the member’s “average earnable monthly compensation,”[2] which is […]

199 S.E.2d 834 NATIONAL LIFE ACCIDENT INSURANCE COMPANY v. JACKSON. 48351.Court of Appeals of Georgia.ARGUED JUNE 29, 1973. DECIDED SEPTEMBER 4, 1973. STOLZ, Judge. In this action by an insured to recover hospital confinement expenses under his insurance contract with the defendant insurer, the trial judge did not err in overruling the defendant’s motion for […]

63 S.E.2d 63 MOORE v. THE STATE. 33343.Court of Appeals of Georgia. DECIDED JANUARY 25, 1951. GARDNER, J. (a) The defendant was accused by a special presentment by the grand jury of Monroe County, Georgia (omitting the formal parts), as follows: “did . . be and appear in an intoxicated condition on public highway known […]

106 S.E.2d 339 RUSSELL v. CITY OF ROME. 37421.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1958. 1. A plaintiff who seeks to allege a valid and binding contract between himself and a municipality must allege sufficient facts to show that the city officials with whom he dealt had authority to contract in the manner […]

685 S.E.2d 351 OGLETREE v. THE STATE. No. A09A0929.Court of Appeals of Georgia. DECIDED OCTOBER 7, 2009. SMITH, Presiding Judge. Stacey Ogletree appeals from the trial court’s order denying his motion to dismiss based upon an alleged violation of the prohibition Page 366 against double jeopardy. In his sole enumeration of error, Ogletree contends that […]

336 S.E.2d 825 VINEY v. AERO-MAYFLOWER TRANSIT COMPANY, INC. 70915.Court of Appeals of Georgia. DECIDED OCTOBER 25, 1985. POPE, Judge. Appellant shipper brought this action against appellee common carrier to recover the value of a coin collection. The basis for the action is a contract entered into by the parties in November 1976 pursuant to […]

244 S.E.2d 247 ORR v. THE STATE. SCALES v. THE STATE. 55194, 55195.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1978. DECIDED MARCH 10, 1978. REHEARING DENIED MARCH 30, 1978. QUILLIAN, Presiding Judge. Theodore Orr and Larry Scales appeal their conviction of armed robbery. Theodore Orr was driving a 1965 Pontiac Bonneville, maroon color, on the […]

116 S.E.2d 651 LIGHTFOOT v. SOUTHEASTERN LIQUID FERTILIZER COMPANY, INC. 38484.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1960. FRANKUM, Judge. 1. The defendant in error raises the question that the bill of exceptions should be dismissed for lack of proper service. However, the record reveals that counsel for the defendant in error signed the […]

338 S.E.2d 870 NORTHERN ASSURANCE COMPANY OF AMERICA v. ROLL et al.; and vice versa. 70652, 70667.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1985. REHEARING DENIED NOVEMBER 20, 1985. McMURRAY, Presiding Judge. Plaintiff Roll brought this action against defendant Northern Assurance Company of America to recover on a policy of fire insurance. Defendant denied […]

391 S.E.2d 663 JONES v. THE STATE (two cases). DOZIER v. THE STATE. A89A1969, A90A0387. A90A0388.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 1990. REHEARING DENIED MARCH 7, 1990. SOGNIER, Judge. James Edward Jones and Donald Jeff Dozier were convicted of armed robbery. This opinion consolidates their appeals from their convictions (Case Nos. A90A0387 and […]

13 S.E.2d 718 EMPLOYERS LIABILITY ASSURANCE CORPORATION et al. v. YATES. 28732.Court of Appeals of Georgia. DECIDED MARCH 8, 1941. REHEARING DENIED MARCH 26, 1941. The superior court did not err in affirming the award by the Industrial Board of compensation to the claimant. DECIDED MARCH 8, 1941. REHEARING DENIED MARCH 26, 1941. Appeal; from […]

141 S.E.2d 753 AYERS v. BARNEY A. SMITH MOTORS, INC. et al. 41494.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1965. DECIDED OCTOBER 20, 1965. REHEARING DENIED NOVEMBER 3, 1965. The trial court erred in granting a summary judgment in favor of the defendant employer since the determination of the issue of scope of employment upon […]

444 S.E.2d 873 STEINBERG v. CITY OF ATLANTA. A94A0241.Court of Appeals of Georgia. DECIDED JUNE 8, 1994. Judge Harold R. Banke. Plaintiff Sam Steinberg was injured in the parking lot of the Atlanta Civic Center after a performance of the Atlanta Ballet when he tripped and fell over a rope which had been strung between […]