Category: Georgia Court of Appeals Opinions

157 S.E.2d 38 HAWES, Commissioner v. RED OAK HAULING COMPANY. 42877.Court of Appeals of Georgia.ARGUED JUNE 8, 1967. DECIDED SEPTEMBER 12, 1967. QUILLIAN, Judge. 1. A tax fi. fa. was issued by the Commissioner of Revenue, under which a levy was made. The defendant filed an affidavit of illegality and the case came on for […]

410 S.E.2d 808 MANUFACTURERS NATIONAL BANK OF DETROIT v. TRI-STATE GLASS, INC. A91A0912.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1991. POPE, Judge. Plaintiff Manufacturers National Bank of Detroit, in its capacity as assignee of FGP Industries, Inc., filed a complaint on account against defendant Tri-State Glass, Inc. Defendant answered and filed a motion to […]

440 S.E.2d 743 MATTHEWS et al. v. DeKALB COUNTY HOSPITAL AUTHORITY. A94A0350.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1994. BLACKBURN, Judge. Appellants appeal the trial court’s order granting the motion for summary judgment of the defendant, DeKalb County Hospital Authority d/b/a DeKalb General Hospital (DeKalb General). Appellants’ three enumerations of error assert essentially the […]

394 S.E.2d 586 JOHNSON v. THE STATE. A90A1156.Court of Appeals of Georgia. DECIDED MAY 8, 1990. REHEARING DENIED MAY 24, 1990. DEEN, Presiding Judge. A Hall County jury found appellant guilty of rape, aggravated sodomy (two counts), simple battery, kidnapping, and false imprisonment. Because Johnson was a recidivist the trial court imposed maximum sentences: twenty […]

606 S.E.2d 316 JONES et al. v. MACON SOILS, INC. A05A0142.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 2004. BLACKBURN, Presiding Judge. Acting in various capacities, Vanessa Jones sued Macon Soils, Inc. in tort for her husband’s injuries and death arising out of his fall while working for his employer, Macon Water Authority. She appeals […]

344 S.E.2d 660 WEBB v. THE STATE. 71912.Court of Appeals of Georgia. DECIDED MARCH 19, 1986. REHEARING DENIED APRIL 10, 1986. DEEN, Presiding Judge. In Webb v. State, 254 Ga. 130 (327 S.E.2d 224) (1985), the Supreme Court granted Roy Webb an out-of-time appeal from his conviction of aggravated assault. In both the court below […]

342 S.E.2d 765 INGRAM v. THE STATE. 71188.Court of Appeals of Georgia. DECIDED MARCH 17, 1986. BEASLEY, Judge. On September 14 and 25, 1984, at his trailer home, Ingram sold cocaine to a GBI undercover agent. On the 27th, at the same place, Ingram gave cocaine to the agent without receiving any money in return. […]

651 S.E.2d 804 PASCHALL TRUCK LINES, INC. v. KIRKLAND. No. A07A1023.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 2007. ADAMS, Judge. Paul Kirkland, the appellee in this action, was driving a truck for appellant Paschall Truck Lines, Inc. when he was hit by another commercial vehicle. The accident occurred in Georgia, where Kirkland is a […]

455 S.E.2d 361 ELLISON v. THE STATE. A94A2196.Court of Appeals of Georgia. DECIDED MARCH 14, 1995. RUFFIN, Judge. Wallace Ellison was convicted of four counts of armed robbery Page 640 and seven counts of kidnapping. He appeals from the judgment of conviction and sentence. The evidence shows that Ellison was one of three men involved […]

545 S.E.2d 95 US PROFESSIONALS, LLC v. DIRECTLINK INDIA (P) LIMITED ET AL A00A2462.Court of Appeals of Georgia. DECIDED: JANUARY 24, 2001 BARNES, Judge. Directlink India (P) Limited (“Directlink”) sued US Professionals, LLC (“US Professionals”) for money owed on a commercial contract account. US Professionals filed a timely answer that raised the defense of improper […]

393 S.E.2d 718 HOLBROOK v. FOKES et al. A90A0528.Court of Appeals of Georgia. DECIDED APRIL 19, 1990. BIRDSONG, Judge. Arthur Holbrook appeals from a defendants’ verdict in this medical malpractice case. His sole enumeration of error below is that the trial court committed fatal error in giving this so-called “hindsight” charge to the jury: “I […]

341 S.E.2d 895 RICKS v. THE STATE. 71171.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1986. REHEARING DENIED MARCH 5, 1986. SOGNIER, Judge. Ricks was convicted of burglary and appeals. 1. Appellant contends the trial court erred by denying his motion for a directed verdict of acquittal because the State failed to corroborate the testimony […]

466 S.E.2d 672 LAROCHELLE v. THE STATE A95A2335Court of Appeals of Georgia. DECIDED JANUARY 5, 1996 — CERT. APPLIED FOR. BEASLEY, Chief Judge. Larochelle was tried on a five-count indictment and was convicted only of one count of trafficking in cocaine through the knowing possession of 400 grams of more. OCGA § 16-13-31 (a) (1) […]

356 S.E.2d 35 LARSON et al. v. C. W. MATTHEWS CONTRACTING COMPANY, INC. 73336.Court of Appeals of Georgia. DECIDED MARCH 6, 1987. REHEARING DENIED MARCH 30, 1987. BENHAM, Judge. Appellants filed suit on April 26, 1984, against the Commissioners of Cobb County and John Doe, described as an unknown contractor who had done road work […]

116 S.E.2d 248 KNOWLES v. LARUE, by Next Friend. 38424.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1960. The allegations of the petition with respect to the issues of negligence of the defendant and the contributory fault of the plaintiff will not be resolved by this court as a matter of law. The issues presented […]

576 S.E.2d 31 PEEK v. THE STATE. A02A1819.Court of Appeals of Georgia. DECIDED: DECEMBER 18, 2002 PHIPPS, Judge. David Jerome Peek was convicted on one count of aggravated stalking and sentenced to serve eight years, four in prison and four on probation. On appeal, Peek challenges the sufficiency of the evidence to support his conviction. […]

95 S.E.2d 28 JORDAN v. DANIEL. 36367.Court of Appeals of Georgia. DECIDED OCTOBER 10, 1956. FELTON, C. J. 1. As between the parties, one signing a promissory note apparently as a joint principal may in an action on the note by the payee plead and prove that he signed the note in the capacity of […]

172 S.E.2d 447 FOWLER v. THE STATE. 44828.Court of Appeals of Georgia.ARGUED OCTOBER 8, 1969. DECIDED JANUARY 16, 1970. Where an affidavit offered in sole support of an application for a search warrant contained no statement relative to the time of occurrence in question, the magistrate could not make an independent determination as to whether […]

464 S.E.2d 895 SAVANNAH COLLEGE OF ART AND DESIGN INC. v. SCHOOL OF VISUAL ARTS OF SAVANNAH INC. A95A1105Court of Appeals of Georgia. DECIDED DECEMBER 4, 1995 CERT. APPLIED FOR BEASLEY, Chief Judge. Savannah College of Art and Design, (“SCAD”) alleged that eleven defendants, together with twenty-six persons not named as defendants, entered a conspiracy […]

528 S.E.2d 871 CHAPPELL v. STATE. COX v. THE STATE. COOPER v. STATE. A99A2374, A99A2375, A00A0173.Court of Appeals of Georgia. DECIDED: JANUARY 28, 2000. ELLINGTON, Judge. Roger Jack Cox, Robert Lee Cooper, and Brandon Keith Chappell, were convicted by a jury of aggravated assault, OCGA §16-5-21. Following the denial of their motions for new trial, […]

322 S.E.2d 106 JORDAN v. THE STATE. 68509.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1984. QUILLIAN, Presiding Judge. Defendant appeals his conviction of two counts of child molestation. Held: 1. Error is alleged in permitting defendant’s eight-year-old daughter, an alleged victim, to testify on the grounds that she was not competent to do so. […]

159 S.E.2d 97 RESERVE INSURANCE COMPANY v. ASSOCIATES DISCOUNT CORPORATION et al. 43206.Court of Appeals of Georgia.ARGUED NOVEMBER 9, 1967. DECIDED DECEMBER 5, 1967. The petition sets forth a cause of action, and the trial court did not err in overruling the defendant’s renewed general demurrer. ARGUED NOVEMBER 9, 1967 — DECIDED DECEMBER 5, 1967. […]

309 S.E.2d 384 CAMP et al. v. JORDAN et al. 66869.Court of Appeals of Georgia. DECIDED OCTOBER 6, 1983. BIRDSONG, Judge. This is an appeal from a jury verdict and judgment in favor of appellees for $615 for property damage arising from an automobile collision and $750 for attorney fees. The sole enumeration of error […]

315 S.E.2d 295 HALL v. THE STATE. 67691.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1984. SHULMAN, Presiding Judge. Appellant was convicted of violation of the Georgia Controlled Substances Act and sentenced to five years (three years in the penitentiary and two years on probation). This appeal is from the revocation of that probation. The […]

384 S.E.2d 191 ALONSO v. THE STATE. A89A0596.Court of Appeals of Georgia. DECIDED MAY 22, 1989. REHEARING DENIED JULY 10, 1989. POPE, Judge. Defendant was convicted of two counts of child molestation and arson in the first degree. On appeal his sole enumeration of error concerns the denial of his motion for mistrial made in […]

429 S.E.2d 530 MURPHY v. BLUE BIRD BODY COMPANY. A92A2377.Court of Appeals of Georgia. DECIDED MARCH 16, 1993. POPE, Chief Judge. Plaintiff James P. Murphy appeals the trial court’s grant of summary judgment in favor of defendant Blue Bird Body Company (“Blue Bird”). Blue Bird entered into a contract with defendant Applied Coating Technologies, Inc. […]

668 S.E.2d 293 BRIDGES v. THE STATE. No. A08A1202.Court of Appeals of Georgia. DECIDED OCTOBER 2, 2008. BERNES, Judge. Antonio Bridges was convicted of robbery by force or intimidation, theft by taking, fleeing and attempting to elude, obstruction of a law enforcement officer, reckless driving, no license on person, and failure to stop at a […]

500 S.E.2d 916 HARVEY v. THE STATE. A98A0833.Court of Appeals of Georgia. DECIDED APRIL 2, 1998. BEASLEY, Judge. Harvey appeals his conviction of sale of cocaine. OCGA §16-13-30. He enumerates as error the trial court’s refusal to order the State to reveal the identity of a confidential informant and its failure to conduct an in-camera […]

599 S.E.2d 271 HOSTETLER v. ANSWERTHINK, INC. A04A1012.Court of Appeals of Georgia. DECIDED MAY 7, 2004. ELDRIDGE, Judge. Michael D. Hostetler appeals from the trial court’s order modifying its final judgment in his declaratory and injunctive relief action against Answerthink, Inc., regarding the nonsolicitation agreement, which contained a Florida choice of law provision; the trial […]

474 S.E.2d 311 FAULKNER ET AL. v. HOME DEPOT. A96A0902.Court of Appeals of Georgia. DECIDED AUGUST 8, 1996. JOHNSON, Judge. In this trip and fall case, Dianne and Richard Faulkner appeal from the grant of summary judgment to Home Depot. We reverse. “In ruling on a motion for summary judgment, the opposing party should be […]

350 S.E.2d 790 HAWKINS et al. v. GRADY COUNTY BOARD OF TAX ASSESSORS et al. 72727.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1986. REHEARING DENIED NOVEMBER 17, 1986. CARLEY, Judge. Appellant-taxpayers are the owners of a large tract of timberland in Grady County, Georgia. In 1984, the taxpayers’ property and other similarly situated tracts […]

629 S.E.2d 267 WILBURN v. THE STATE. A05A2280.Court of Appeals of Georgia. DECIDED JANUARY 19, 2006. SMITH, Presiding Judge. Following his indictment for armed robbery, three counts of aggravated assault with a deadly weapon, aggravated assault with intent to murder, aggravated assault with intent to rob, aggravated Page 543 battery, burglary, theft by taking, and […]

487 S.E.2d 133 ROWE v. FLEET MORTGAGE CORPORATION (three cases). A97A0461, A97A0943, A97A1073.Court of Appeals of Georgia. DECIDED MAY 29, 1997. McMURRAY, Presiding Judge. On August 28, 1996, plaintiff Fleet Mortgage Corporation instituted dispossessory action 96-D-069568 in the State Court of DeKalb County, alleging that defendant Paul Rowe and others were “tenant[s] at sufferance [due […]

106 S.E.2d 807 DAWSON et al. v. HOSPITAL AUTHORITY OF AUGUSTA. 37429.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1958. REHEARING DENIED DECEMBER 16, 1958. 1. The petition in this case, being an action brought under the hospital lien act, stated a cause of action against the party alleged to have been liable for injuries […]

390 S.E.2d 654 QUEEN CITY BONDING COMPANY v. STATE OF GEORGIA. A89A2253.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1990. McMURRAY, Presiding Judge. Queen City Bonding Company (“Queen City”) was bound as surety on appearance bonds for defendant Pedro Pablo Grisanti (“the principal”). The principal failed to appear for trial and an execution hearing was […]

254 S.E.2d 713 JUSTICE v. DUNBAR. 57013.Court of Appeals of Georgia.ARGUED NOVEMBER 14, 1978. DECIDED FEBRUARY 26, 1979. REHEARING DENIED MARCH 28, 1979. SMITH, Judge. On this appeal, transferred here by the Supreme Court, Justice contends the trial court erred in granting appellee Dunbar’s motion for summary judgment. Finding the appeal to be without merit, […]

164 S.E.2d 366 SAVANNAH ELECTRIC POWER COMPANY v. EDENFIELD. 43872.Court of Appeals of Georgia.ARGUED SEPTEMBER 5, 1968. DECIDED SEPTEMBER 25, 1968. REHEARING DENIED OCTOBER 18, 1968. The test to be applied in determining whether the relationship of the parties under the contract for performance is that of master and servant or that of employer and […]

299 S.E.2d 111 PEARSON v. THE STATE. 64916.Court of Appeals of Georgia. DECIDED JANUARY 4, 1983. CARLEY, Judge. Appellant appeals from his conviction of one count of burglary. 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). In accordance […]

558 S.E.2d 804 THORPE v. THE STATE. No. A01A2301.Court of Appeals of Georgia. DECIDED: JANUARY 14, 2002. ELLINGTON, Judge. Kenny Tobias Thorpe pled guilty to conspiracy to commit a crime, O.C.G.A. § 16-4-8. He appeals the trial court’s order denying his motion for an out-of-time appeal, contending his trial counsel failed to inform him of […]

144 S.E.2d 466 HENDRIX v. HOOVER MOTOR EXPRESS et al. 41347.Court of Appeals of Georgia.ARGUED JUNE 7, 1965. DECIDED SEPTEMBER 8, 1965. JORDAN, Judge. This was a suit by the plaintiff to recover damages for the alleged loss of consortium of her husband who was injured in a collision between his automobile and the defendant’s […]

96 S.E.2d 195 STANLEY v. THE STATE. 36433.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1956. 1. Where on the trial of a defendant in a criminal case a mistrial is moved by counsel for the defendant because of a question by the solicitor-general to one of the State’s witnesses, where the defendant’s character Page […]

176 S.E.2d 621 HARPER et al. v. BROWN. 45270.Court of Appeals of Georgia.ARGUED APRIL 14, 1970. DECIDED JUNE 24, 1970. REHEARING DENIED JULY 29, 1970. 1. (a) A master-servant relationship exists between a corporation and its president such that, although the corporate officer has the unrestricted right of use of a company vehicle, the corporation […]

484 S.E.2d 52 CAPITOL INDEMNITY CORPORATION v. L. CARTER POST 4472 VETERANS OF FOREIGN WARS, INC. et al. A96A1695.Court of Appeals of Georgia. DECIDED MARCH 11, 1997. ANDREWS, Chief Judge. Capitol Indemnity Corporation (Capitol) appeals from the trial court’s grant of summary judgment to Post 4472 of the VFW (VFW) and the denial of its […]

706 S.E.2d 609 JONES v. LOPEZ-HERRERA. No. A10A1922.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 2011. DILLARD, Judge. This appeal follows the dismissal of a complaint for failure to perfect service of process. For the reasons set forth infra, we affirm. The record shows that appellant, Inyianie Jones, originally filed a complaint for damages, arising […]

258 S.E.2d 763 CAVENDER v. DeKALB COUNTY MERIT SYSTEM COUNCIL et al. 57847.Court of Appeals of Georgia.SUBMITTED MAY 8, 1979. DECIDED SEPTEMBER 4, 1979. SHULMAN, Judge. Appellant-Cavender, an officer in the DeKalb County Police Department, was terminated from employment for cause. Following Cavender’s unsuccessful appeal of his discharge to the DeKalb County Merit System Council, […]

28 S.E.2d 586 TRICE v. THE STATE. 30303.Court of Appeals of Georgia. DECIDED JANUARY 5, 1944. BROYLES, C. J. The accused was convicted of the offense of carrying about her person, and having in her manual possession, outside of her home and place of business, a pistol, without first taking out a license therefore from […]

424 S.E.2d 852 JORDAN v. THE STATE. A92A1575.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1992. SOGNIER, Chief Judge. Curtis Jordan was convicted in a bifurcated trial of aggravated assault and possession of a firearm by a convicted felon. He appeals from the denial of his motion for new trial. 1. Appellant contends the evidence […]

613 S.E.2d 144 INFRASOURCE, INC. v. HAHN YALENA CORPORATION; and vice versa. A04A1896, A04A1959.Court of Appeals of Georgia. DECIDED MARCH 22, 2005. RECONSIDERATIONS DENIED APRIL 12, 2005. SMITH, Presiding Judge. An attempted acquisition of Hahn Yalena Corporation (“Hahn”) by Infrasource, Inc., f/k/a Exelon Infrastructure Services, Inc., (“Infrasource”) gave rise to Hahn’s suit alleging fraud in […]

162 S.E.2d 793 EZZARD et al. v. MORGAN; and vice versa. MORGAN v. WEST et al. 43590, 43591, 43592.Court of Appeals of Georgia.ARGUED APRIL 2, 1968. DECIDED MAY 8, 1968. REHEARING DENIED MAY 27 AND JUNE 24, 1968. After this case became in default as to some of the defendants and the plaintiff dismissed as […]

491 S.E.2d 458 FINLON v. THE STATE. A97A1203.Court of Appeals of Georgia. DECIDED AUGUST 22, 1997. Judge HAROLD R. BANKE. Kenneth Carl Finlon was convicted of driving under the influence (“DUI”) (less safe to drive), attempting to elude, and speeding. On appeal he enumerates three errors, each challenging the sufficiency of the evidence. This case […]

193 S.E.2d 14 MAXWELL v. THE STATE. 47311.Court of Appeals of Georgia.ARGUED JULY 5, 1972. DECIDED SEPTEMBER 27, 1972. EVANS, Judge. The defendant was indicted for the violation of the Georgia Drug Control Act in that he did have in his possession and control marijuana. The marijuana was allegedly found under his control by reason […]

279 S.E.2d 730 BIMBO BUILDERS, INC. et al. v. STUBBS PROPERTIES, INC. 61181.Court of Appeals of Georgia. DECIDED APRIL 10, 1981. POPE, Judge. Appellee brought this action against appellants Bimbo Builders, Inc. (hereinafter “Bimbo”) and its president Carl E. Anderson to recover $125,457 plus interest and attorney fees on a note given as partial consideration […]

70 S.E.2d 926 HALE v. DAVIES et al. 33938.Court of Appeals of Georgia. DECIDED MAY 9, 1952. SUTTON, C.J. This was an action brought by the father of James Thomas Hale against William H. Davies and the Monroe Athletic Association Inc., to recover for the loss of his son’s services and for medical expenses incurred […]

132 S.E.2d 119 PINKERTON NATIONAL DETECTIVE AGENCY, INC. v. STEVENS et al. (two cases). 40131, 40132.Court of Appeals of Georgia. DECIDED JULY 3, 1963. 1. (a) The loss of consortium of the spouse is an indirect injury to the person as to which the statute of limitation is two years from the date of injury. […]

441 S.E.2d 885 CLARK v. THE STATE. A94A0432.Court of Appeals of Georgia. DECIDED MARCH 8, 1994. RECONSIDERATION DENIED MARCH 17, 1994. BLACKBURN, Judge. In a three-count indictment, the appellant, Adrian Bernard Clark, was charged with violating the Georgia Controlled Substances Act. Following the trial court’s denial of his motion to suppress, Clark pled guilty to […]

399 S.E.2d 85 LASSETER v. THE STATE. A90A1456.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1990. CARLEY, Chief Judge. Appellant was tried before a jury and found guilty of one count of child molestation and two counts of enticing a child for indecent purposes. He appeals from the judgments of conviction and sentences entered by […]

320 S.E.2d 219 FOWLER v. THE STATE. 68033.Court of Appeals of Georgia. DECIDED JUNE 21, 1984. REHEARING DENIED JULY 9, 1984. BENHAM, Judge. Appellant was found guilty of the armed robbery of a Gwinnett County service station/convenience store. After reviewing the record and transcript in light of appellant’s enumerated errors, we affirm the judgment of […]

600 S.E.2d 727 RESPRESS v. THE STATE. A04A0725.Court of Appeals of Georgia. DECIDED JUNE 2, 2004. MILLER, Judge. William S. Respress was convicted of trafficking in cocaine. Following the denial of his motion for new trial, Respress appeals, challenging the sufficiency of the evidence and the trial court’s failure to require the State to reveal […]

271 S.E.2d 689 RUSSELL v. THE STATE. 60200.Court of Appeals of Georgia.SUBMITTED JULY 7, 1980. DECIDED SEPTEMBER 4, 1980. DEEN, Chief Judge. 1. “[T]he crime of issuing a bad check occurs at the time the check is issued if it is made or issued with the knowledge that it will not be honored. Contrary to […]

521 S.E.2d 378 SOUTHWESTERN COMPOSITE TECHNOLOGY CORPORATION v. AMERICUS-SUMTER PAYROLL DEVELOPMENT AUTHORITY. A99A0936.Court of Appeals of Georgia. DECIDED: JULY 28, 1999. PHIPPS, Judge. Americus-Sumter Payroll Development Authority brought this action against Southwestern Composite Technology Corporation for nonpayment of rent and other sums due under a lease. In June 1993, Southwestern leased a building and surrounding […]

230 S.E.2d 500 McDANIEL v. WHITE. 52631.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 21, 1976. DECIDED OCTOBER 22, 1976. STOLZ, Judge. The plaintiff-appellant in this trover action appeals from a judgment by the trial court in favor of the defendant-appellee. The plaintiff owned a Pantera automobile on which he owed payments of approximately $300 per month. […]

262 S.E.2d 473 GEORGIA POWER COMPANY v. PURSER. 58302.Court of Appeals of Georgia.ARGUED SEPTEMBER 24, 1979. DECIDED OCTOBER 16, 1979. REHEARING DENIED NOVEMBER 2, 1979. BANKE, Judge. Plaintiff brought this personal injury action against defendant, Georgia Power Company, alleging that he had suffered injuries as the result of defendant’s negligence in maintaining its electric wires. […]

354 S.E.2d 187 GLASS et al. v. STEWART TITLE GUARANTY COMPANY. 73394.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1987. POPE, Judge. Plaintiff/appellee brought this declaratory judgment action to determine its rights and duties under a title insurance binder issued to defendants/appellants. Defendants had called upon plaintiff to defend them in a suit brought against […]

334 S.E.2d 888 SOUTHERN INTERMODAL LOGISTICS, INC. et al. v. COLEMAN et al. 70933.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1985. BANKE, Chief Judge The appellee sued to recover damages for injuries she sustained when her motorcycle collided with a parked tractor-trailer which was owned, leased, and insured, respectively, by the three appellants herein. […]

660 S.E.2d 21 THE STATE v. GOODMAN. No. A07A2508.Court of Appeals of Georgia. DECIDED MARCH 7, 2008. ANDREWS, Presiding Judge. The State appeals the trial court’s grant of Hugh Sidney Goodman’s motion to suppress in this narcotics case.[1] An appellate court reviewing a trial court’s order on a motion to suppress evidence must accept the […]

435 S.E.2d 452 McDUFFIE v. THE STATE. A93A1080.Court of Appeals of Georgia. DECIDED AUGUST 6, 1993. RECONSIDERATION DENIED AUGUST 24, 1993. POPE, Chief Judge. Defendant was charged with the offenses of kidnapping, theft by taking and escape. Defendant gave notice of his intention to interpose the defenses of not guilty by reason of insanity, guilty […]

277 S.E.2d 300 MARTIN v. THE STATE. 60986.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1981. CARLEY, Judge. This case makes its second appearance before this court. Appellant’s original conviction of aggravated assault and rape was reversed in Martin v. State, 151 Ga. App. 9 (258 S.E.2d 711) (1979). Upon retrial, appellant was again convicted […]

680 S.E.2d 442 KEYINGHAM INVESTMENTS, LLC et al. v. FIDELITY NATIONAL TITLE INSURANCE COMPANY. No. A09A0407.Court of Appeals of Georgia. DECIDED JUNE 1, 2009. RECONSIDERATION DENIED JUNE 23, 2009. BLACKBURN, Presiding Judge. In this breach of contract action, Keyingham Investments, LLC and Peter St. Martin (d/b/a Real Estate Solutions Providers, Inc.) appeal from the trial […]

494 S.E.2d 760 CASILLAS v. THE STATE. A98A0245.Court of Appeals of Georgia. DECIDED DECEMBER 11, 1997. BIRDSONG, Presiding Judge. Joe M. Casillas appeals from the order of the superior court denying his Motion for Appeal Bond/Supersedeas Bond. For prior appellate history of this case, see generally Casillas v. State, 267 Ga. 541 (480 S.E.2d 571). […]

582 S.E.2d 222 LEWIS v. THE STATE. A03A0501.Court of Appeals of Georgia. DECIDED: MAY 14, 2003 RUFFIN, Presiding Judge. Fred Lewis was indicted for two counts of armed robbery, one count of kidnaping, and one count of theft by taking. A jury found him guilty of one count of armed robbery, kidnaping, and theft by […]

673 S.E.2d 46 BENITEZ v. THE STATE. No. A09A0122.Court of Appeals of Georgia. DECIDED JANUARY 23, 2009. ANDREWS, Presiding Judge. On appeal from his conviction for trafficking in methamphetamine, Juan Benitez argues that the evidence was insufficient. We agree and reverse. “On appeal from a criminal conviction, we view the evidence in the light most […]

420 S.E.2d 64 THE STATE v. ECHOLS. A92A0680.Court of Appeals of Georgia. DECIDED JUNE 9, 1992. RECONSIDERATION DENIED JUNE 23, 1992. CARLEY, Presiding Judge. Appellee was indicted for the manufacture of marijuana in violation of OCGA § 16-13-30 (j) (1) and he filed a pre-trial motion to suppress. After conducting a hearing, the trial court […]

201 S.E.2d 485 CENTRAL OF GEORGIA RAILROAD COMPANY v. SELLERS et al. 48287.Court of Appeals of Georgia.ARGUED JUNE 28, 1973. DECIDED SEPTEMBER 14, 1973. REHEARING DENIED OCTOBER 5, 1973. 1, 2. Enumerations of error 1, 2, 3, 4, and 6 are without merit. 3. A photograph of the deceased in life, shown to be a […]

24 S.E.2d 416 SOUTH v. THE STATE. 29906.Court of Appeals of Georgia. DECIDED JANUARY 22, 1943. REHEARING DENIED FEBRUARY 20, 1943. BROYLES, C. J. 1. The evidence authorized the defendant’s conviction of operating a lottery, known as the “number game,” for the hazarding of money. 2. During the trial the State introduced a previous accusation, […]

296 S.E.2d 726 ELLIS v. THE STATE. HOSKENS v. THE STATE. RICKMAN v. THE STATE. 63923, 63924, 63999.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1982. REHEARINGS DENIED NOVEMBER 12, 1982. SHULMAN, Presiding Judge. Appellants were tried together and convicted of possession of cocaine. Each now appeals from the judgment entered on the jury’s verdict. […]

346 S.E.2d 881 HAMILTON v. THE STATE. 71955.Court of Appeals of Georgia. DECIDED JUNE 20, 1986. BENHAM, Judge. Appellant and a co-defendant were jointly tried in a bifurcated proceeding for armed robbery and possession of a firearm by a convicted felon. Appellant was found guilty of the possession charge and robbery. The appellate decision in […]

471 S.E.2d 229 LANIER BANK TRUST COMPANY v. NIX A96A0564Court of Appeals of Georgia. DECIDED APRIL 12, 1996 — RECONSIDERATION DENIED MAY 8, 1996 — CERT APPLIED FOR. BLACKBURN, Judge. Lanier Bank Trust Co. (Lanier Bank) appeals the trial court’s order dismissing its foreclosure confirmation proceeding. On appeal, Lanier Bank contends the trial court erred […]

352 S.E.2d 201 ATCHISON v. THE STATE. 73154.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1986. REHEARING DENIED DECEMBER 18, 1986. McMURRAY, Presiding Judge. Defendant was accused of the offense of making “harassing telephone calls,” a misdemeanor, in that on January 4, 1986, he used threatening language of “I’m going to rape you” in a […]

256 S.E.2d 141 WEDDINGTON v. KUMAR. 57451.Court of Appeals of Georgia.ARGUED MARCH 13, 1979. DECIDED MAY 8, 1979. SMITH, Judge. The trial court erroneously held that appellant’s suit was barred by the statute of limitations, and we therefore reverse the court’s grant of appellee’s motion for summary judgment. Alleging that appellee had negligently performed surgery […]

659 S.E.2d 863 IN RE HADAWAY. IN RE JOHNSON. Nos. A07A1626. A07A1627.Court of Appeals of Georgia. DECIDED MARCH 24, 2008. BARNES, Chief Judge. As these two appeals arise from the same case, we have consolidated them for disposition on appeal. They arise from the attempted adoption of a six-year-old, female child. The appellants appeal the […]

289 S.E.2d 313 HALL v. THE STATE. 63420.Court of Appeals of Georgia. DECIDED MARCH 5, 1982. QUILLIAN, Chief Judge. Defendant Hall and co-defendant Whitehead were jointly tried and convicted for possession of burglar tools, from which Hall takes this appeal. The state’s evidence was as follows: Law enforcement officer Hall was patrolling a residential area […]

358 S.E.2d 925 ST. PAUL FIRE MARINE INSURANCE COMPANY v. SNITZER et al. 73863.Court of Appeals of Georgia. DECIDED JUNE 22, 1987. BEASLEY, Judge. Joseph and Dorothy Snitzer’s house and property were insured by St. Paul under a homeowner policy described as an “all-in-1.” On Page 396 April 5, 1985, the Snitzers’ property was heavily […]

304 S.E.2d 446 BOOKER v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY. 65406.Court of Appeals of Georgia. DECIDED APRIL 12, 1983. SOGNIER, Judge. Booker sued MARTA for injuries sustained when he slipped and fell to the floor of the bus upon which he had been riding. The jury returned a verdict in favor of MARTA and Booker […]

293 S.E.2d 723 DYER v. WIGHT. 64305.Court of Appeals of Georgia. DECIDED JULY 13, 1982. DEEN, Presiding Judge. Brian Wight brought an action against Ralph Dyer for failure to make certain rental payments under a lease, damages for conversion of personal property which was on the rented premises, punitive damages and attorney fees. The defendant […]

480 S.E.2d 872 SLATON v. THE STATE. A96A2378.Court of Appeals of Georgia. DECIDED JANUARY 30, 1997 — CERT. APPLIED FOR JOHNSON, Judge. Jarred Slaton appeals from his conviction of armed robbery and aggravated assault, and from the denial of his motion for new trial. We affirm. 1. Slaton claims the evidence was insufficient to support […]

134 S.E.2d 51 DICKERSON v. THE STATE. 40148.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1963. Under the authority of Code § 27-1901 a person who is indicted for an offense not affecting his life is entitled as a matter of right to have placed on the minutes of the trial court, either at the […]

360 S.E.2d 642 DAVIS v. BEARD. 74891.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1987. DEEN, Presiding Judge. In September 1985 the appellant, Rex Davis, purchased a boat, motor, and trailer from the appellee Rex Beard. Shortly after the purchase, Davis had to have expensive repair work on the outboard motor. Subsequently, Davis commenced this […]

366 S.E.2d 344 NATIONAL CONSULTANTS, INC. v. BURT et al.; and vice versa. 75812, 75813.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 1988. REHEARING DENIED FEBRUARY 24, 1988. BIRDSONG, Chief Judge. Appellees/plaintiffs (hereinafter called Burt and/or Evans) each brought actions against the appellant/defendant, National Consultants, Inc. (hereinafter called National), arising out of an alleged breach […]

261 S.E.2d 777 STUBBS v. OLSHAN et al. 57529.Court of Appeals of Georgia.SUBMITTED APRIL 9, 1979. DECIDED OCTOBER 22, 1979. UNDERWOOD, Judge. This is an appeal by plaintiff Stubbs from a grant of summary judgment to certain of the defendants below, all of whom he had charged with wrongfully conspiring to deprive him of his […]

503 S.E.2d 603 JOHNSON v. THE STATE. A98A1357.Court of Appeals of Georgia. DECIDED JUNE 2, 1998. ELDRIDGE, Judge. A DeKalb County grand jury returned an indictment against appellant Alonso Johnson and two co-defendants, Herbert Maxwell and Dennis Jordan, charging each of them with one count of armed robbery, three counts of aggravated assault, one count […]

147 S.E.2d 475 SOUTHERN CEMETERY CONSULTANTS OF GEORGIA, INC. v. DAWN MEMORIAL PARK, INC. 41827.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1966. DECIDED FEBRUARY 23, 1966. FRANKUM, Judge. The plaintiff in this case originally filed a single-count petition seeking to recover from the defendant commissions alleged to have been earned by it under the terms […]

459 S.E.2d 557 ALLISON v. THE STATE. A95A0141.Court of Appeals of Georgia. DECIDED MAY 17, 1995. RECONSIDERATION DISMISSED JUNE 13, 1995. JOHNSON, Judge. Keith Allison appeals from his conviction of possessing cocaine with intent to distribute. 1. Allison argues the court erred in denying his motion to suppress cocaine found by a police officer during […]

395 S.E.2d 303 MORGAN ENTERPRISES, INC. v. GORDON GILLETT BUSINESS REALTY, INC. A90A0617.Court of Appeals of Georgia. DECIDED JUNE 4, 1990. REHEARING DENIED JUNE 25, 1990. BIRDSONG, Judge. Morgan Enterprises d/b/a Springfield Dairy Queen appeals the grant of summary judgment to the plaintiff realtor, Gordon Gillett Business Realty, Inc., which found Morgan Enterprises liable to […]

592 S.E.2d 138 BRADLEY v. FRANK. A03A2099Court of Appeals of Georgia. DECIDED: NOVEMBER 26, 2003 BLACKBURN, Presiding Judge. In this case regarding the posthumous enforcement of a divorce decree dividing property, Russell Bradley, in his capacity as executor of the estate of Murray Dorsey Bradley (“Decedent”), appeals the trial court’s grant of summary judgment to […]

530 S.E.2d 29 SEED et al. v. SMITH WOODS MANAGEMENT CORPORATION. A99A1649.Court of Appeals of Georgia. DECIDED: FEBRUARY 16, 2000 SMITH, Judge. Vickie Ruth Seed and her husband, James S. Seed, Jr., appeal in this premises liability case from the trial court’s order granting summary judgment to Smith Woods Management Corporation, which managed the wholesale […]

657 S.E.2d 636 IN THE INTEREST OF L. L. J., a child. No. A08A0351.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 2008. BLACKBURN, Presiding Judge. Following the termination of his parental rights, L. L. J.’s father appeals, challenging the sufficiency of the evidence. Because the evidence supported the juvenile court’s judgment, we affirm. On appeal […]

134 S.E.2d 492 FRASER v. KICHLINE et al. 40261.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1963. 1. The case of Long v. Robertson, 41 Ga. App. 712 (154 S.E. 464), controls adversely to the plaintiff in error’s special ground 1 of the motion for new trial. 2. Special ground 2 of the motion for […]

484 S.E.2d 278 THE STATE v. DAVID et al. A96A2343.Court of Appeals of Georgia. DECIDED MARCH 6, 1997 — RECONSIDERATION DENIED MARCH 18, 1977 — CERT. APPLIED FOR. JOHNSON, Judge. Pursuant to OCGA § 5-7-1 (4), the state appeals the trial court’s grant of motions to suppress evidence filed by Daniel William David, James Dee […]

124 S.E.2d 501 HEWITT et al. v. MALONE et al. 39307.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1962. 1. A plaintiff is not required to plead evidentiary matter. 2. The petition contains sufficient allegations to authorize an amendment to perfect the petition. (a) Where possession of personalty is obtained from the true owner by […]