Category: Georgia Court of Appeals Opinions

367 S.E.2d 266 NICHOLS v. THE STATE (two cases). 75131, 75132.Court of Appeals of Georgia. DECIDED MARCH 11, 1988. BEASLEY, Judge. Nichols appeals his convictions and sentences for trafficking in cocaine by actually possessing more than twenty-eight grams of cocaine, OCGA § 16-13-31 (a) (1), and for possessing marijuana with intent to distribute, OCGA § […]

545 S.E.2d 145 JONES v. THE STATE. A01A0517.Court of Appeals of Georgia. FEBRUARY 6, 2001. PHIPPS, Judge. Marquinn Jones appeals his conviction of possession of cocaine with intent to distribute in Cherokee County. Relying on McCartyv. State,[1] he contends that he was entitled to a directed verdict of acquittal because undisputed evidence shows that law […]

108 S.E.2d 143 ADAMS v. THE STATE. 37587.Court of Appeals of Georgia. DECIDED MARCH 19, 1959. CARLISLE, Judge. 1. In the prosecution of one charged under the provisions of Code § 74-9901 with failing to give the bond and security for the maintenance and education of an illegitimate child, the sole issues are the paternity […]

123 S.E.2d 342 GREAT ATLANTIC PACIFIC TEA COMPANY v. SHAW. 39160.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 1961. REHEARING DENIED DECEMBER 12, 1961. An award of the Workmen’s Compensation Board will be affirmed where there is any competent evidence to support it. DECIDED NOVEMBER 16, 1961 — REHEARING DENIED DECEMBER 12, 1961. Workmen’s compensation. […]

342 S.E.2d 774 TERRY v. HOUSTON COUNTY BOARD OF EDUCATION. 71315.Court of Appeals of Georgia. DECIDED MARCH 10, 1986. REHEARING DENIED MARCH 18, 1986. BENHAM, Judge. This is a discretionary appeal from an order of the Superior Court of Houston County affirming the termination of employment of a Houston County teacher by the county school […]

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 […]

154 S.E.2d 760 BUCKHEAD DOCTORS’ BUILDING, INC. v. OXFORD FINANCE COMPANIES, INC. et al. 42633.Court of Appeals of Georgia.ARGUED MARCH 6, 1967. DECIDED APRIL 5, 1967. Since the amended petition, construed against the plaintiff and in the light of its omissions as well as its averments, shows that the plaintiff’s alleged loss of its equity […]

538 S.E.2d 504 HELMER v. RUMARSON TECHNOLOGIES, INC. A00A1466, A00A1467.Court of Appeals of Georgia. DECIDED: AUGUST 18, 2000. BLACKBURN, Presiding Judge. Robert E. Helmer a/k/a Bob Helmer and Percy Helmer, Jr., appeal the trial court’s orders in which it granted plaintiff Rumarson Technologies, Inc.’s (RTI) motion for summary judgment, denied the Helmers’ motion for summary […]

444 S.E.2d 578 RYLES v. FIRST OGLETHORPE COMPANY et al. A94A0584.Court of Appeals of Georgia. DECIDED MAY 2, 1994. RECONSIDERATION DENIED MAY 27, 1994. BIRDSONG, Presiding Judge. Appellant Tim Ryles, Commissioner of Insurance for the State of Georgia, appeals the final order and judgment by default entered by the superior court. Certain appellees are seeking […]

368 S.E.2d 539 ROSE v. THE STATE. 76312.Court of Appeals of Georgia. DECIDED APRIL 4, 1988. DEEN, Presiding Judge. Appellant was found guilty on two counts of aggravated child molestation, consisting in part of forcing oral sex on the child, and innocent on a charge of aggravated assault. He moved for new trial on Page […]

16 S.E.2d 208 FLOYD v. OCMULGEE ELECTRIC MEMBERSHIP CORPORATION et al., 28871.Court of Appeals of Georgia. DECIDED JULY 15, 1941. 1. There is no liability for interference with a telephone system, using a single wire with the earth for a return circuit, on account of magnetic induction caused by a high-power electric line, in the […]

308 S.E.2d 45 ELLIS et al. v. THE STATE. 66644.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1983. BIRDSONG, Judge. Jerry Thomas Ellis and Homer Lamar Ellis were convicted of burglary upon proof that within a few days of the burglary, the appellants pawned certain jewelry stolen in the burglary. The only explanation offered by […]

97 S.E.2d 362 GULICK v. MULCAHY. 36432.Court of Appeals of Georgia. DECIDED JANUARY 24, 1957. REHEARING DENIED FEBRUARY 19, 1957. The act of 1947 (Ga. L. 1947, p. 298; Code, Ann. Supp., § 70-301.1) does not dispense with the necessity of a brief of evidence in the present case where error is assigned on an […]

471 S.E.2d 327 NAILS ET AL. v. FOOD LION, INC. A96A0225.Court of Appeals of Georgia. DECIDED MAY 14, 1996. Judge Harold R. Banke. Veronica Nails sued to recover for damages allegedly incurred when she slipped and fell while grocery shopping at Food Lion, Inc. (“Food Lion”). Paul Nails brought a loss of consortium claim. The […]

299 S.E.2d 423 GATES v. THE STATE. 65306.Court of Appeals of Georgia. DECIDED JANUARY 14, 1983. CARLEY, Judge. Appellant appeals from his conviction of kidnapping and aggravated sodomy. Appointed counsel for appellant has filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493) (1967). As required […]

74 S.E.2d 108 MILLER v. THE STATE. 34388.Court of Appeals of Georgia. DECIDED JANUARY 17, 1953. Under the provisions of Code § 26-6502 it is a misdemeanor for one to “keep, maintain, employ, or carry on any lottery,” and under said section it is also made a misdemeanor for any person to “keep, maintain, employ, […]

645 S.E.2d 753 DAVIS v. THE STATE. No. A07A0401.Court of Appeals of Georgia. DECIDED MAY 9, 2007. MIKELL, Judge. After a jury found Andre Ramon Davis guilty of one count of trafficking in cocaine and one count of possession of cocaine, the trial judge entered judgment on the trafficking charge, sentencing Davis to thirty years […]

494 S.E.2d 745 GOLDSTEIN v. GOLDSTEIN (two cases). A97A1314, A97A1315.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1997 — RECONSIDERATION DENIED DECEMBER 17, 1997 — CERT. APPLIED FOR. ELDRIDGE, Judge. Sandra Goldstein-Pfisterer[1] appeals from the judgment of the Superior Court of Cobb County holding her in contempt of the custody provisions of a Cobb County […]

497 S.E.2d 13 JENNINGS v. THE STATE. (TWO CASES). A97A2007, A97A2008.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1998 — RECONSIDERATION DENIED FEBRUARY 20, 1998 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant was indicted for burglary and aggravated assault. Both charges arise from an incident of domestic violence involving defendant’s former girlfriend — Suzanne […]

522 S.E.2d 761 HEATH v. THE STATE. A99A1907.Court of Appeals of Georgia. DECIDED: SEPTEMBER 28, 1999. ELLINGTON, Judge. Donald Everett Heath was convicted by a jury of criminal attempt to possess cocaine in violation of the Georgia Controlled Substances Act, OCGA §§ 16-4-1, 16-13-30(a). Heath appeals, enumerating two errors: that the trial court erred in […]

197 S.E.2d 416 HUMBLE OIL REFINING COMPANY v. FULCHER. 47738.Court of Appeals of Georgia.ARGUED JANUARY 5, 1973. DECIDED MARCH 12, 1973. REHEARING DENIED MARCH 28, 1973. 1. In pending litigation a party defendant may be added by court order in a hearing on such terms as are just without prior service upon the proposed party […]

379 S.E.2d 792 VINSON v. THE STATE. 77598.Court of Appeals of Georgia. DECIDED MARCH 1, 1989. REHEARING DENIED MARCH 10, 1989. BENHAM, Judge. In this appeal from his convictions for burglary and giving a false name to an officer, appellant’s enumerations of error concern the sufficiency of the evidence and the legality of his sentences. […]

535 S.E.2d 308 CAMPBELL et al. v. BREEDLOVE. A00A0752.Court of Appeals of Georgia. DECIDED: May 31, 2000. JOHNSON, Chief Judge. Sylvia Campbell and her husband David Campbell sued Sylvia Campbell’s obstetrician for medical malpractice and battery after their child died in utero. The jury returned a verdict for the physician. The Campbells appeal from the […]

268 S.E.2d 360 MITCHELL v. THE STATE. 59424.Court of Appeals of Georgia.SUBMITTED FEBRUARY 6, 1980. DECIDED APRIL 9, 1980. REHEARING DENIED APRIL 24, 1980. DEEN, Chief Judge. The defendant was indicted, tried and convicted of involuntary manslaughter in the commission of an unlawful act in that he pointed a pistol at another (a misdemeanor violation […]

363 S.E.2d 794 WILLIAMS v. SUMMIT PSYCHIATRIC CENTERS, P.C. 75209.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1987. REHEARING DENIED DECEMBER 11, 1987. BIRDSONG, Chief Judge. Summary Judgment — False Imprisonment — Res Judicata. This is the second appearance of this case before this court. Se Williams v. Smith, 179 Ga. App. 712 (348 S.E.2d […]

149 S.E.2d 864 ST. PAUL FIRE MARINE INSURANCE COMPANY v. POSTELL et al. 42019.Court of Appeals of Georgia.SUBMITTED MAY 4, 1966. DECIDED MAY 30, 1966. REHEARING DENIED JUNE 23, 1966. 1. A motion to dismiss on the ground that the enumerations of error all go to the verdict, none assigning error on the judgment, is […]

385 S.E.2d 107 DANIELS v. THE STATE. A89A0595.Court of Appeals of Georgia. DECIDED JULY 11, 1989. REHEARING DENIED JULY 25, 1989. POPE, Judge. Appellant was convicted of trafficking in cocaine and violation of the Georgia Controlled Substances Act by possession of more than one pound of marijuana with intent to distribute. In his appeal, he […]

201 S.E.2d 184 DRAKE v. SHURBUTT et al. 48598.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1973. DECIDED SEPTEMBER 27, 1973. EBERHARDT, Presiding Judge. Emily Drake filed her complaint against Gloria and James Shurbutt for damages arising from an automobile collision, alleging that she suffered personal injuries and property damage as the result of the negligence […]

278 S.E.2d 145 WITT v. THE STATE. 61442.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1981. DEEN, Presiding Judge. 1. Witt was indicted and convicted for the offenses of armed robbery and possession of a firearm during the commission of a felony. The first two enumerations of error, which are considered together, contend that the […]

88 S.E.2d 758 EASON et al. v. THOMAS, Judge. 35829.Court of Appeals of Georgia. DECIDED JULY 13, 1955. TOWNSEND, J. 1. This is an application to this court for the writ of mandamus against the Judge of the Superior Court of the Brunswick Circuit to require him to sign a bill of exceptions. The application […]

35 S.E.2d 569 CONLEY v. THE STATE. 30902.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1945. 1. Where the child of the prosecutrix has been identified and exhibited to the jury, the resemblance of the child to the defendant on trial for seduction is a circumstance which the jury may consider as tending to prove […]

195 S.E.2d 472 HINTON v. THE STATE. 47654.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1972. DECIDED JANUARY 22, 1973. PANNELL, Judge. Emmitt Hinton sentenced to “five years in the penitentiary, to be suspended,” following a plea of nolo contendere to possession of narcotics, was subsequently apprehended “carrying a concealed weapon and pistol without license.” For […]

403 S.E.2d 446 TARVESTAD v. THE STATE. A90A1770.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 1991. REHEARING DENIED MARCH 7, 1991. McMURRAY, Presiding Judge. Defendant was indicted for being a habitual violator in that he did “operate a motor vehicle after having received notice that his driver’s license had been revoked as provided in O.C.G.A. […]

428 S.E.2d 607 CROSBY et al. v. SPENCER. A92A1912.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1993. COOPER, Judge. This appeal arises out of an action against appellants for damages resulting to appellee’s peach orchard from the negligent spraying of appellants’ adjacent cotton field. Following a jury verdict awarding appellee $93,007.45 in damages for future […]

243 S.E.2d 646 McKENZIE v. THE STATE. 55253.Court of Appeals of Georgia.SUBMITTED FEBRUARY 1, 1978. DECIDED MARCH 9, 1978. BANKE, Judge. The appellant was convicted of issuing a bad check. He appeals the denial of his motion in arrest of judgment, contending that venue was not in the county in which the case was tried. […]

494 S.E.2d 73 BUTTLES v. THE STATE. A97A1473.Court of Appeals of Georgia. DECIDED NOVEMBER 12, 1997. SMITH, Judge. James Buttles was indicted for the murder of his wife. OCGA § 16-5-1 (a). He was convicted of voluntary manslaughter. OCGA §16-5-2. Buttles’s motion for new trial was denied, and he appeals, raising as his sole enumeration […]

191 S.E.2d 894 ROY D. WARREN COMPANY, INC. v. WAGNON et al. 47268.Court of Appeals of Georgia.ARGUED MAY 25, 1972. DECIDED JULY 7, 1972. REHEARING DENIED JULY 24, 1972. EBERHARDT, Presiding Judge. Lee Lumber Supply Company brought its complaint against W. A. Wagnon on open account for materials supplied for construction projects. Wagnon filed a […]

662 S.E.2d 785 SWEETING v. THE STATE. No. A08A0621.Court of Appeals of Georgia. DECIDED MAY 28, 2008. BERNES, Judge. On July 7, 1997, Tyrone Keith Sweeting pled guilty to one count of robbery by intimidation, two counts of forgery in the first degree, one count of driving as a habitual violator, and one count of […]

27 S.E.2d 425 AMOSON v. THE STATE. 30243.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1943. The court did not, for any reason assigned, err in refusing a new trial. DECIDED OCTOBER 28, 1943. Burglary; from Fulton superior court — Judge Moore. July 3, 1943. B. H. Rodgers testified that his grocery and meat store […]

410 S.E.2d 39 FIELDS v. SPENCER et al. A91A0078.Court of Appeals of Georgia. DECIDED JULY 9, 1991. RECONSIDERATIONS DISMISSED JULY 30, 1991 AND SEPTEMBER 3, 1991. BEASLEY, Judge. Plaintiff appeals from an order dismissing his complaint against defendants. The trial court granted the dismissal, with prejudice, on two grounds, one of which was that the […]

394 S.E.2d 588 MORGAN v. THE STATE. A90A0157.Court of Appeals of Georgia. DECIDED MAY 11, 1990. BANKE, Presiding Judge. On appeal from his conviction of driving under the influence of alcohol, the appellant contends that the trial court erred in denying his plea of former jeopardy. On February 24, 1989, a Georgia state patrolman began […]

176 S.E.2d 286 S. S. KRESGE COMPANY d/b/a K-MART v. BRYANT. 45324.Court of Appeals of Georgia.ARGUED MAY 5, 1970. DECIDED JUNE 26, 1970. EBERHARDT, Judge. After hearing, a deputy director of the Workmen’s Compensation Board made his findings of fact and entered an award of compensation. On application to the full board for review the […]

661 S.E.2d 617 JENKINS v. THE STATE. Court of Appeals of Georgia. DECIDED APRIL 17, 2008. No. A08A0634. RUFFIN, Presiding Judge. Following a jury trial, Lonnie Jenkins was found guilty of possessing cocaine with the intent to distribute.[1] In his sole enumeration of error on appeal, Jenkins challenges the sufficiency of the evidence. Finding the […]

420 S.E.2d 606 WESTERN WATERPROOFING COMPANY, INC. et al. v. ROGERS. A92A0741.Court of Appeals of Georgia. DECIDED JUNE 16, 1992. RECONSIDERATION DENIED JULY 2, 1992. CARLEY, Presiding Judge. The facts relevant to this workers’ compensation case are as follows: Appellee-employee was in a business meeting with a fellow employee, Jeff Johnson. This meeting was interrupted […]

264 S.E.2d 683 CITY COUNCIL OF AUGUSTA et al. v. LEE. 58901.Court of Appeals of Georgia.ARGUED OCTOBER 30, 1979. DECIDED JANUARY 16, 1980. McMURRAY, Presiding Judge. On or about May 13, 1976, in the afternoon, Joseph Darlyn Lee, while standing at or near the south curb line of 3032 Lake Forest Drive, Augusta, Georgia, was […]

152 S.E.2d 623 JUHAN v. C. W. MATTHEWS CONTRACTING COMPANY, INC. 42357.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1966. DECIDED NOVEMBER 14, 1966. HALL, Judge. After a verdict for the defendant in an automobile negligence case, the plaintiff appeals from a judgment overruling her motion for new trial. The case was tried before August 1, […]

334 S.E.2d 213 BAYSHORE COMPANY et al. v. PRUITT. 70218.Court of Appeals of Georgia. DECIDED JULY 16, 1985. REHEARING DENIED JULY 31, 1985. CARLEY, Judge. In February of 1983, appellee-plaintiff was a tenant in a second-story apartment located in a large complex which was either owned or managed by the appellant-defendants. Early in the morning […]

567 S.E.2d 742 MYERS v. THE STATE. A02A0435.Court of Appeals of Georgia. DECIDED: JUNE 26, 2002 MIKELL, Judge. A Gwinnett County jury convicted James Taber Meyers and his co-defendant, William Riley Putnam, of burglary. The court sentenced Meyers to seven years confinement and thirteen years probation. After his motion for new trial was denied, Meyers […]

538 S.E.2d 886 DEEP SIX, INC. et al. v. ABERNATHY et al. A00A1005.Court of Appeals of Georgia. DECIDED: SEPTEMBER 8, 2000 MILLER, Judge. The issues on appeal are (i) whether undisputed evidence that sellers of a business had title and the right to immediate possession of tax refund checks arising from the business’s pre-sale operations, […]

65 S.E.2d 423 FRICKS v. KNOX CORPORATION. 33543.Court of Appeals of Georgia. DECIDED MAY 23, 1951. The petition, as amended, showing affirmatively that the plaintiff’s injuries resulted from the consequences of his own negligence and failure to exercise ordinary care for his safety, and that he failed to use due care for his own safety […]

605 S.E.2d 928 MUNROE v. UNIVERSAL HEALTH SERVICES, INC. A03A1203.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 2004. ANDREWS, Presiding Judge. By order of November 18, 2003, this case was transferred to the Supreme Court pursuant to Art. VI, Sec. V, Par. V of the Constitution of the State of Georgia, there being an equal […]

291 S.E.2d 766 CITY OF FITZGERALD v. NEWCOMER et al.; and vice versa. 63580, 63581.Court of Appeals of Georgia. DECIDED MAY 26, 1982. REHEARING DENIED JUNE 21, 1982. CARLEY, Judge. In 1914, the charter of the appellant-City of Fitzgerald (City) was amended to create the appellee-Water Light and Bond Commission of the City of Fitzgerald […]

427 S.E.2d 49 USAA PROPERTY CASUALTY INSURANCE COMPANY v. WILBUR. A92A1909.Court of Appeals of Georgia. DECIDED JANUARY 11, 1993. BEASLEY, Judge. Defendant USAA Property Casualty Insurance Company was granted interlocutory appeal from the trial court’s denial of its motion for summary judgment. Plaintiff Wilbur claims $50,000 of survivor’s no-fault benefits (PIP) following his wife’s death. […]

555 S.E.2d 233 HERRING v. STATE. A01A0982.Court of Appeals of Georgia. DECIDED: OCTOBER 12, 2001. BLACKBURN, Chief Judge. Following a jury trial, Gerald Wayne Herring appeals his convictions for aggravated assault and rape, arguing that (1) the State’s evidence was insufficient to identify him as the perpetrator that assaulted and raped the victim and (2) […]

464 S.E.2d 1 RATLIFF v. CSX TRANSPORTATION, INC. A95A1007.Court of Appeals of Georgia. DECIDED OCTOBER 23, 1995. RECONSIDERATION DENIED NOVEMBER 9, 1995. CERT. APPLIED FOR. BEASLEY, Chief Judge. Ratliff was working for CSX as a railroad switchman in Ashland, Kentucky, when he injured his back throwing a manual switch that moved rails from one connection […]

316 S.E.2d 11 TOLBERT v. CAPTAIN JOE’S SEAFOOD, INC. TOLBERT v. VICKERS. 67038, 67039.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1984. REHEARING DENIED FEBRUARY 28, 1984. CARLEY, Judge. Appellee-defendant Captain Joe’s Seafood, Inc., is the owner and operator of a restaurant in Waycross, Georgia and appellee-defendant Vickers is both the manager of the restaurant […]

245 S.E.2d 41 MATHIS v. THE STATE. 55724.Court of Appeals of Georgia.ARGUED APRIL 6, 1978. DECIDED APRIL 25, 1978. WEBB, Judge. As recognized by the state it was error for the court to allow the prosecuting attorney to examine defendant as to whether he had previously entered and withdrawn a guilty plea in this case […]

290 S.E.2d 219 HILLMAN v. THE STATE. 63430.Court of Appeals of Georgia. DECIDED APRIL 15, 1982. CARLEY, Judge. Appellant appeals from the revocation of his probation. 1. Appellant enumerates as error the failure of the trial court to enter a written statement showing the evidence relied upon and the reasons for revoking appellant’s probation. See […]

322 S.E.2d 291 OATES v. SEA ISLAND BANK. 68505.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1984. REHEARING DENIED SEPTEMBER 20, 1984. SOGNIER, Judge. Sea Island Bank (the bank) sought confirmation of sale of real estate under a power of sale contained in a deed to secure debt executed by Oates. The bank foreclosed on […]

614 S.E.2d 849 POLITE v. THE STATE. A05A0791.Court of Appeals of Georgia. DECIDED MAY 10, 2005. BLACKBURN, Presiding Judge. Following his convictions of armed robbery,[1] possession of a firearm during the commission of a crime,[2] robbery by intimidation,[3] and criminal damage to property in the second degree,[4] and the denial of his motion for new […]

366 S.E.2d 215 LECROY et al. v. MASSEY et al. 74808.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1988. BENHAM, Judge. During the course of litigation concerning several interlocking estates, certain funds were distributed to appellants pursuant to a purported oral settlement agreement between counsel for the parties. Appellees, Page 829 asserting that there was […]

645 S.E.2d 637 IN THE INTEREST OF Z. K. et al., children. No. A07A0253.Court of Appeals of Georgia. DECIDED APRIL 19, 2007. ELLINGTON, Judge. The father of two children, six-year-old Z. K. and five-year-old L. K., appeals from the order of the Juvenile Court of Murray County terminating his parental rights.[1] The father contends the […]

662 S.E.2d 864 SHAFFER v. THE STATE. No. A08A0341.Court of Appeals of Georgia. DECIDED JUNE 4, 2008. RUFFIN, Presiding Judge. Following a jury trial, Johnnie Willard Shaffer was convicted of two counts of aggravated child molestation, two counts of aggravated sodomy, child molestation, and sexual battery. Shaffer subsequently moved for a new trial, asserting that […]

449 S.E.2d 133 McDUFFIE et al. v. CRITERION CASUALTY COMPANY. A94A1423.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1994. RECONSIDERATION DENIED OCTOBER 11, 1994. BIRDSONG, Presiding Judge. James B. McDuffie et al. appeal from the order of the superior court granting summary judgment to appellee Criterion Casualty Company (Criterion) in a declaratory judgment suit. Defendant […]

434 S.E.2d 547 SLATER v. THE STATE. A93A0854.Court of Appeals of Georgia. DECIDED JULY 13, 1993. RECONSIDERATION DENIED JULY 28, 1993. POPE, Chief Judge. Defendant appeals his convictions for one count of burglary and twelve counts of possession of a firearm by a convicted felon, and a portion of his sentence on the burglary conviction. […]

333 S.E.2d 656 EMOND v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. 70063.Court of Appeals of Georgia. DECIDED JULY 8, 1985. REHEARING DENIED JULY 24, 1985. CARLEY, Judge. The facts relevant to this appeal are as follows: Appellant-plaintiff was injured in an automobile collision in 1979. Appellant was insured by appellee-defendant. Although the policy specifically purported […]

375 S.E.2d 267 CHRISTENSEN v. ROBERDS OF ATLANTA, INC.; and vice versa. 77198, 77199.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1988. REHEARING DENIED NOVEMBER 16, 1988. CARLEY, Judge. In January of 1984, appellant-plaintiff accepted an oral offer of employment with appellee-defendant. Thereafter, appellant was paid a salary but no bonuses. In July of 1984, […]

199 S.E.2d 330 DAMPIER v. CITIZENS SOUTHERN NATIONAL BANK. 47766.Court of Appeals of Georgia.ARGUED JANUARY 5, 1973. DECIDED MAY 11, 1973. REHEARING DENIED JUNE 20, 1973. CLARK, Judge. By reason of the Citizens Southern National Bank proceeding in a single foreclosure under Code Ann. § 67-701 on two defaulted conditional sales contracts and stating the […]

510 S.E.2d 594 REHBERGER v. THE STATE. A98A2027.Court of Appeals of Georgia. DECIDED: DECEMBER 18, 1998 BEASLEY, Judge. Robert Rehberger, a former attorney and candidate for probate judge, was convicted of two misdemeanors, simple battery (OCGA § 16-5-23) and sexual battery (OCGA § 16-6-22.1), and a felony, false imprisonment (OCGA § 16-5-41), for accosting a […]

154 S.E.2d 790 LIFE CASUALTY INSURANCE COMPANY OF TENNESSEE v. WEBB, Administrator. 42375.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1966. DECIDED MARCH 31, 1967. In a suit by the heirs at law of the insured in an accident insurance policy seeking to recover the proceeds under provisions of the Act of 1952 (Ga. L. 1952, […]

364 S.E.2d 281 BANK SOUTH v. JONES. 75504.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1987. REHEARING DENIED DECEMBER 1, 1987. DEEN, Presiding Judge. Donna Jones, the former wife of appellee Thomas Jones, obtained financing from Bank South in the amount of $48,000 to open a business known as Interiors Etcetera. Thomas and Donna Jones […]

38 S.E.2d 885 METROPOLITAN LIFE INSURANCE COMPANY v. MILTON. 31246.Court of Appeals of Georgia. DECIDED JUNE 26, 1946. REHEARING DENIED JULY 25, 1946. Under the facts of this case, it was a question for the jury whether the matters, about which the insured made false or incorrect statements or which he failed to disclose in […]

683 S.E.2d 882 BUTLER et al. v. CARLISLE et al. No. A09A1470.Court of Appeals of Georgia. DECIDED AUGUST 21, 2009. MIKELL, Judge. Shirley Haney Butler was walking along Academy Avenue (“Academy”) as she was leaving the Mountain Moonshine Festival (the “Festival”) in Dawsonville on October 25, 2003, when she was run over by a trailer […]

282 S.E.2d 372 UNITED STATES OF AMERICA v. MURRAY. 61600.Court of Appeals of Georgia. DECIDED JUNE 10, 1981. CARLEY, Judge. Resolution of the issues presented in the instant garnishment case requires that we interpret federal law and apply that interpretation to a rather complex set of underlying facts. 38 USCA § 3105 provides in part: […]

664 S.E.2d 800 McNABB v. THE STATE. No. A08A0474.Court of Appeals of Georgia. July 2, 2008. BARNES, Chief Judge. Following the denial of his motion for new trial, Glyndal Wayne McNabb appeals his convictions for attempting to elude a police Page 396 officer, reckless driving, and misdemeanor obstruction of an officer. McNabb contends that the […]

626 S.E.2d 564 MEEKS v. THOMPSON. A05A1739.Court of Appeals of Georgia. DECIDED JANUARY 24, 2006. MILLER, Judge. James Meeks appeals from the trial court’s order severing his parental rights to his daughter and granting the adoption petition of the girl’s stepfather, Stuart Thompson. Meeks contends that the trial court erred in making its findings of […]

307 S.E.2d 283 BENEFICIAL FINANCE COMPANY v. YOUNG et al. 66176.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1983. CARLEY, Judge. Appellant made a loan to appellees Jiles and Barbara Young. The loan was evidenced by a promissory note and secured by a second deed to secure debt on certain real property. Thereafter, appellees defaulted […]

343 S.E.2d 414 LOVELL v. THE STATE. 71485.Court of Appeals of Georgia. DECIDED MARCH 20, 1986. BEASLEY, Judge. Lovell was convicted and sentenced for the offense of alcohol-influenced driving (OCGA § 40-6-391). He had also been charged with operating a motor vehicle without insurance (OCGA § 33-34-12), and driving after his license had been revoked […]

126 S.E.2d 439 BROWN v. HOME SECURITY CORPORATION. 39534.Court of Appeals of Georgia. DECIDED JUNE 13, 1962. 1. A recovery under quantum meruit must be based upon a promise, express or implied, to pay for the services rendered, and the existence of an express promise or agreement to pay does not ipso facto create an […]

179 S.E.2d 566 KENNEDY et al. v. FRIEDMAN. 45734.Court of Appeals of Georgia.ARGUED NOVEMBER 3, 1970. DECIDED NOVEMBER 17, 1970. REHEARING DENIED DECEMBER 9, 1970. In a products liability action, whether based on negligence or breach of implied warranty, the plaintiff must account for the product from the time it leaves the defendant’s hands until […]

165 S.E.2d 449 DANIELS v. ALLEN; and vice versa. 43895, 43896.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 10, 1968. DECIDED NOVEMBER 26, 1968. 1. The court did not err in approving so much of the report of the auditor, and rendering judgment thereon, to the extent that the auditor determined, as to the arrangement in effect […]

176 S.E.2d 607 ELECTRO-KINETICS CORPORATION v. BRECHEISEN. ELECTRO-KINETICS CORPORATION v. ESTES. 45252, 45253.Court of Appeals of Georgia.SUBMITTED APRIL 7, 1970. DECIDED JULY 7, 1970. PANNELL, Judge. These two cases are controlled by the judgment in Electro-Kinetics Corp. v. Wilson, 122 Ga. App. 171. Judgment affirmed in both cases. Jordan, P. J., and Eberhardt, J., concur. […]

679 S.E.2d 94 LAWRENCE v. THE STATE. No. A09A0744.Court of Appeals of Georgia. DECIDED MAY 21, 2009. MIKELL, Judge. James Mason Lawrence was indicted on charges of possession of cocaine with intent to distribute, possession of marijuana with intent to distribute, possession of psilocyn, ingestion of cocaine, and ingestion of marijuana.[1] Lawrence filed a motion […]

620 S.E.2d 470 WACHOVIA BANK OF GEORGIA, N.A. v. NAMIK et al.; and vice versa. A03A2198, A03A2199.Court of Appeals of Georgia. DECIDED AUGUST 25, 2005. JOHNSON, Presiding Judge. In these cases, we are asked to decide whether Wachovia Bank of Georgia breached its fiduciary duties as trustee by causing an estate to pay what the […]

393 S.E.2d 33 CURRY CORPORATION v. MOORO. A89A2178.Court of Appeals of Georgia. DECIDED MARCH 14, 1990. REHEARING DENIED MARCH 28, 1990. COOPER, Judge. Appellant leased a car to appellee and sued after appellee returned turned the car and terminated the lease agreement. Appellee defended and counterclaimed on the ground that appellant violated the Federal Consumer […]

318 S.E.2d 153 PRICE v. FULTON COUNTY COMMISSION et al. 67526.Court of Appeals of Georgia. DECIDED APRIL 12, 1984. REHEARING DENIED APRIL 27, 1984. CARLEY, Judge. Fulton County, Georgia, by and through appellee-Fulton County Commission, (Commission) entered into a contract with appellee-Information America, Inc. (Information America). That contract provided that, in exchange for certain payments, […]

274 S.E.2d 679 REYNOLDS v. THE STATE. 60744.Court of Appeals of Georgia.SUBMITTED OCTOBER 8, 1980. DECIDED OCTOBER 28, 1980. BANKE, Judge. The appellant and her husband were convicted of the armed robbery of the assistant manager of a motel. She contends on appeal that the evidence did not support the verdict. The assistant manager testified […]

54 S.E.2d 295 RIVERS v. FARRER. 32342.Court of Appeals of Georgia. DECIDED JUNE 15, 1949. The evidence did not support the award of the arbitrators, and the court erred in sustaining the general demurrer to the exceptions to the award and in making the award of the arbitrators the judgment of the court. DECIDED JUNE […]

634 S.E.2d 191 TROUP v. CHAMBERS et al. No. A06A0546.Court of Appeals of Georgia. DECIDED JULY 11, 2006. MILLER, Judge. Cressie Troup filed a personal injury action against Michael Chambers and his son in the Superior Court of Wheeler County. She voluntarily dismissed her case and refiled it in federal court, alleging new federal claims […]

83 S.E.2d 247 JONES v. THE STATE. 35272.Court of Appeals of Georgia. DECIDED JULY 13, 1954. CARLISLE, J. Where, on his trial in the Criminal Court of Fulton County, the defendant was found guilty under an accusation charging him with the offense of a misdemeanor “for that the said . . . [defendant] in the […]

237 S.E.2d 443 KEATON et al. v. KROGER COMPANY et al. (two cases). CHANCEY v. KROGER COMPANY et al. 53847, 53848. 53849.Court of Appeals of Georgia.ARGUED MAY 4, 1977. DECIDED JULY 8, 1977. REHEARING DENIED JULY 21, 1977. MARSHALL, Judge. The appellants are plaintiffs in a wrongful-death action brought after their children were killed in […]

178 S.E.2d 762 INSURANCE COMPANY OF NORTH AMERICA et al. v. ROSS. 45583.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 16, 1970. DECIDED OCTOBER 15, 1970. REHEARING DENIED NOVEMBER 6, 1970. DEEN, Judge. 1. Assuming the death certificate of the deceased employee in this workmen’s compensation case not to have been admissible in evidence over the objection […]

657 S.E.2d 603 BRUMBELOW v. THE STATE. No. A07A2103.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 2008. SMITH, Presiding Judge. Following a bench trial, the trial court found Christopher Brumbelow guilty of aggravated child molestation and two counts of child molestation.[1] Brumbelow appeals, asserting that he received ineffective assistance of counsel at trial. He also […]

142 S.E.2d 424 EVANS et al. v. WILLIAMS. 41144.Court of Appeals of Georgia.SUBMITTED FEBRUARY 3, 1965. DECIDED APRIL 22, 1965. REHEARING DENIED MAY 10, 1965. FRANKUM, Judge. The plaintiff in this case sustained serious personal injuries while he was riding as a guest passenger in Page 648 an automobile of the defendant Nathan Evans being […]

207 S.E.2d 237 MAYO v. THE STATE. TIDWELL v. THE STATE. 49272, 49273.Court of Appeals of Georgia.ARGUED MAY 9, 1974. DECIDED MAY 17, 1974. WEBB, Judge. Defendant Mayo, who is charged with possessing a plastic bag of marijuana, and defendant Tidwell, who is charged with possessing marijuana cigarettes, appeal with certificates of immediate review from […]

195 S.E.2d 795 THORNTON v. HAMPTON. 47716.Court of Appeals of Georgia.ARGUED JANUARY 4, 1973. DECIDED FEBRUARY 7, 1973. HALL, Presiding Judge. Defendant in a personal injury action appeals from the judgment and from the denial of his motion for a new trial. Plaintiff was driving his pickup truck with his wife and children as passengers. […]

307 S.E.2d 704 HENDERSON v. THE STATE. 66513.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1983. McMURRAY, Presiding Judge. The state filed a petition for the revocation of defendant’s probation, alleging that defendant “violated the following terms and conditions of probation in the following particulars: On January 13, 1983, defendant did violate rules of the […]

400 S.E.2d 347 ALLEN v. BERGMAN et al. A90A1320.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1990. REHEARING DENIED DECEMBER 11, 1990. POPE, Judge. Appellant Shirley Jean Allen, a teacher, sued the DeKalb County Board of Education and its members individually, as well as administrators Robert R. Freeman and Robert Tucker (hereinafter “defendants”), alleging that […]