Category: Georgia Court of Appeals Opinions

555 S.E.2d 37 MOTORS INSURANCE COMPANY v. AUTO-OWNERS INSURANCE COMPANY. A01A1524.Court of Appeals of Georgia. DECIDED: SEPTEMBER 28, 2001. ANDREWS, Presiding Judge. The primary issue in this appeal involves construction of the automobile insurance provision set forth in O.C.G.A. § 33-34-3 (d) which provides in general that, where a car owned by a car dealer […]

75 S.E.2d 845 WADE v. PENN. 34600.Court of Appeals of Georgia. DECIDED APRIL 11, 1953. CARLISLE, J. 1. A judgment withdrawing a case from the jury and granting a mistrial for an alleged injection of the defendant’s insurance coverage into the case leaves the case still pending in the trial court and is not subject […]

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 […]

447 S.E.2d 118 GEORGIA POWER COMPANY v. GEORGIA INDUSTRIAL GROUP et al. A94A0726.Court of Appeals of Georgia. DECIDED JULY 12, 1994. RECONSIDERATION DENIED JULY 28, 1994. POPE, Chief Judge. Georgia Power appeals the superior court’s order reversing three orders of the Georgia Public Service Commission (Commission) authorizing Georgia Power to recover through riders or surcharges […]

574 S.E.2d 548 MCMAHON v. THE STATE. A02A1261.Court of Appeals of Georgia. Decided October 25, 2002 Pope, Senior Appellate Judge. A jury found Francis James McMahon, Sr., guilty of seven counts of theft by taking related to an agreement to build a home for Phillip and Karen Morgan. McMahon appeals, arguing, among other things, that […]

276 S.E.2d 664 LOTT v. SWIFT COMPANY. 60985.Court of Appeals of Georgia. DECIDED JANUARY 15, 1981. SHULMAN, Presiding Judge. This is an appeal from an order of the superior court reversing an award of the State Board of Workers’ Compensation. We reverse the judgment of the superior court and, accordingly, affirm the award entered by […]

347 S.E.2d 305 DIAL v. TURNER et al. 72521.Court of Appeals of Georgia. DECIDED JUNE 20, 1986. REHEARING DENIED JULY 8, 1986. BANKE, Chief Judge. On September 12, 1985, the trial court granted a summary judgment motion filed by the defendants/appellees based on plaintiff/appellant’s failure to appear for oral argument on the motion or to […]

359 S.E.2d 714 KELLER v. THE STATE. 74284.Court of Appeals of Georgia. DECIDED JULY 7, 1987. POPE, Judge. Appellant was stopped on April 20, 1986 by a Cobb County police officer and issued a “Uniform Traffic Citation, Summons, Accusation/Warning” charging him with speeding in violation of OCGA § 40-6-181. The citation ordered appellant to appear […]

478 S.E.2d 455 GAMBLE v. THE STATE. A96A1399.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1996. POPE, Presiding Judge. Defendant Melvin Eugene Gamble was convicted by a jury of trafficking in cocaine. On appeal, defendant contends that the evidence was insufficient to support his conviction and that he was entitled to a directed verdict. He […]

433 S.E.2d 694 SMITH v. THE STATE. A93A0161.Court of Appeals of Georgia. DECIDED JULY 1, 1993. RECONSIDERATION DENIED JULY 16, 1993. BIRDSONG, Presiding Judge. Jerry Smith appeals his conviction of armed robbery at a dry cleaners. The evidence shows a black woman and a black man came to the dry cleaners, asked for an employment […]

614 S.E.2d 163 IN THE INTEREST OF J.W.M., a child (two cases). A05A0433, A05A0434.Court of Appeals of Georgia. DECIDED APRIL 19, 2005. MILLER, Judge. On August 6, 2004, the juvenile court terminated the parental rights of the mother of three-year-old J.W.M. In Case No. A05A0434, the mother claims the juvenile court erred in (i) terminating […]

570 S.E.2d 629 WATKINS v. HERETH et al. A02A1709.Court of Appeals of Georgia. DECIDED AUGUST 27, 2002 PHIPPS, Judge. Robert Watkins filed this pro se action for damages against Colonial Gardens of Warner Robins, LLC, and its president Jack Hereth. The trial court dismissed his complaint for failure to state a claim for which relief […]

623 S.E.2d 521 SNIDER et al. v. BASILIO. A05A0847.Court of Appeals of Georgia. DECIDED OCTOBER 24, 2005. RECONSIDERATIONS DENIED NOVEMBER 14, 2005. JOHNSON, Presiding Judge. This is an appeal from a directed verdict granted to a doctor in a medical malpractice action. Because there is some evidence that the doctor violated the standard of care, […]

562 S.E.2d 729 HIPES NORTON, P. C., v. PYE AUTOMOBILE SALES OF CHATTANOOGA, INC. et al. A02A0290.Court of Appeals of Georgia. DECIDED: MARCH 6, 2002 ELLINGTON, Judge. We granted Hipes Norton, P.C. an interlocutory appeal to review whether the trial court erred in denying its motion for summary judgment on its suit on account against […]

280 S.E.2d 886 TRUST COMPANY OF COLUMBUS v. COWART et al. 61235.Court of Appeals of Georgia. DECIDED MAY 6, 1981. POPE, Judge. Appellees filed this action seeking statutory damages and attorney fees against appellant Trust Company of Columbus (hereinafter “Bank”) for alleged violations of the Truth-in-Lending provisions of the federal Consumer Credit Protection Act (hereinafter […]

191 S.E.2d 297 VINSON v. PORTER. 46958.Court of Appeals of Georgia.SUBMITTED MARCH 6, 1972. DECIDED MAY 31, 1972. REHEARING DENIED JUNE 27, 1972. Under the facts of this case, there is a jury issue as to the place of residence of the defendant. The trial court erred in granting the motion for summary judgment. SUBMITTED […]

268 S.E.2d 706 MOORE v. THE STATE. 59435.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1980. DECIDED APRIL 8, 1980. REHEARING DENIED MAY 7, 1980. BIRDSONG, Judge. Thelma Moore was convicted of “food stamp fraud.” She appeals, and we reverse. The evidence shows that beginning in July, 1977, Mrs. Moore, in the name of her husband, […]

138 S.E.2d 623 CULLENS v. STERLING DISCOUNT CORPORATION. 40877.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1964. EBERHARDT, Judge. 1. Where A entered into a contract with a financial institution guaranteeing to it all obligations thereafter after incurred by B to it arising from credit extended to B and/or Old South Motor Company, either directly […]

158 S.E.2d 291 CITY OF GAINESVILLE v. CHAMBERS. CITY OF GAINESVILLE v. HAMRICK et al.; and vice versa. CITY OF GAINESVILLE v. APPLEBY. 43038. 43042, 43043. 43065.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1967. DECIDED OCTOBER 3, 1967. REHEARING DENIED OCTOBER 26, 1967. PER CURIAM. Each of the above cases as well as the cross […]

597 S.E.2d 527 GEORGIA ELECTRIC MEMBERSHIP CORPORATION v. GARNTO. A03A2451.Court of Appeals of Georgia. DECIDED MARCH 23, 2004. ADAMS, Judge. Curtis E. Garnto sued William G. Pritcherd and Denny Taylor for damages arising out of a December 22, 1998 automobile collision. Georgia Electric Membership Corporation (“GEMC”), Garnto’s employer, intervened in the action in order to […]

399 S.E.2d 276 HARDEN v. THE STATE. A90A1331.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1990. COOPER, Judge. Appellant was convicted by a jury of two counts of aggravated assault, three counts of mutiny and kidnapping, two counts of theft by taking and escape stemming from his involvement in a jail break from the Houston […]

442 S.E.2d 762 FISHER v. CITY OF ATLANTA. A94A0243.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1994. RECONSIDERATION DENIED MARCH 29, 1994. BIRDSONG, Presiding Judge. We granted this discretionary appeal application to determine whether the superior court erred in dismissing Tommy Fisher’s petition for certiorari from a decision of the Atlanta Civil Service Board, on […]

132 S.E.2d 675 McDUFFIE v. TANNER. BENNETT v. TANNER. 39969, 39970.Court of Appeals of Georgia. DECIDED JULY 2, 1963. REHEARING DENIED JULY 16, 1963. 1. If the testimony admitted over objection was erroneously allowed, the error was cured by the trial court’s charge which removed the subject matter from the jury’s consideration. 2. The mere […]

417 S.E.2d 400 BISHOP CONTRACTING COMPANY, INC. v. NORTH GEORGIA EQUIPMENT COMPANY, INC. A91A1961.Court of Appeals of Georgia. DECIDED MARCH 16, 1992. RECONSIDERATION DENIED APRIL 1, 1992. JOHNSON, Judge. Bishop Contracting Company (Bishop) appeals a jury verdict in favor of North Georgia Equipment Company, Inc. (North Georgia), and the entry of a directed verdict on […]

369 S.E.2d 50 CRANFORD v. THE STATE. 75835.Court of Appeals of Georgia. DECIDED APRIL 19, 1988. BEASLEY, Judge. Defendant was convicted of aggravated assault (OCGA § 16-5-21 (a) (2)) for shooting his four-year-old daughter in the head. He did not deny shooting her but contended that he was mentally ill at the time and was […]

52 S.E.2d 505 JETT v. WOLFE et al. 31458.Court of Appeals of Georgia. DECIDED MAY 7, 1947. PER CURIAM. 1. Under § 61-301 of the Code, before a tenant can be summarily dispossessed by his landlord of lands and tenements, for holding over and beyond his term or for failure to pay the rent when […]

363 S.E.2d 322 STEVANUS v. THE STATE. 75179.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1987. McMURRAY, Presiding Judge. Via indictment, defendant was accused of burglary, aggravated assault, kidnapping, two counts of false imprisonment and giving a false name to a law enforcement officer. A jury convicted defendant of all of the charges except kidnapping. […]

225 S.E.2d 722 HUTCHINS et al. v. MILLER. 51862.Court of Appeals of Georgia.ARGUED MARCH 2, 1976. DECIDED MARCH 15, 1976. WEBB, Judge. The plaintiff appellants, two realtors, brought action against Miller, purchaser of property belonging to one Kimsey, alleging that they had a judgment against Kimsey with an entry of lis pendens against the subject […]

601 S.E.2d 839 IN RE HERRING. A04A1189.Court of Appeals of Georgia. DECIDED JULY 7, 2004. ELDRIDGE, Judge. Attorney Timothy T. Herring appeals from an order of the Superior Court of Gwinnett County finding him summarily in criminal contempt of court for contumacious behavior in the presence of the court and fining him $250. In addition, […]

464 S.E.2d 621 MILLER v. THE STATE. A95A1930.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1995. SMITH, Judge. Harold Miller was charged with 13 offenses stemming from his relationship with a neighbor’s 13-year-old son.[1] The trial court directed a verdict as to three counts, and a jury acquitted Miller on three more. Following the denial […]

424 S.E.2d 838 MARION v. THE STATE. A92A1652.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 1992. POPE, Judge. Defendant Anthony Tyrone Marion was convicted by a jury of two counts of child molestation. He appeals following the denial of his motion for new trial. 1. The record shows that at the commencement of the trial […]

677 S.E.2d 717 SMITH v. THE STATE. No. A09A0777.Court of Appeals of Georgia. DECIDED APRIL 16, 2009. DOYLE, Judge. Roger Scott Smith was charged with five violations of the Georgia Controlled Substances Act: two counts of possession of cocaine (Counts 1 and 3);[1] possession of less than one ounce of marijuana (Count 2);[2] possession of […]

296 S.E.2d 119 BRADSHAW v. THE STATE. 64313.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1982. CARLEY, Judge. This is the second appearance of this probation revocation case before us. The instant appeal is from orders entered by the trial court in compliance with the mandate of this court’s judgment in Bradshaw v. State, 160 […]

258 S.E.2d 47 PARRISH et al. v. AMERICAN AUTOMOBILE INSURANCE COMPANY et al. 58022.Court of Appeals of Georgia.ARGUED MAY 30, 1979. DECIDED JUNE 19, 1979. Parrish was injured and his son killed in a highway collision with a car driven by the defendant Jordan, an uninsured motorist, while he was driving a Loadstar tractor. Certain […]

561 S.E.2d 470 GEORGIA DEPARTMENT OF TRANSPORTATION v. FEDERAL EXPRESS CORPORATION A01A2476.Court of Appeals of Georgia. DECIDED: MARCH 7, 2002 MILLER, Judge. Charles Smith was killed in an accident in which the vehicle he was driving collided with a Federal Express vehicle. Smith’s widow filed a wrongful death action against Federal Express and others. Federal […]

450 S.E.2d 830 WMI URBAN SERVICES, INC. v. ERWIN et al. A94A1081.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1994. RECONSIDERATION DENIED NOVEMBER 29, 1994. POPE, Chief Judge. Plaintiffs Alex and Roxanna Erwin purchased a home in the summer of 1988. They required a termite inspection report prior to purchase, and the seller hired defendant […]

627 S.E.2d 391 BERRY et al. v. CITY OF EAST POINT et al. (two cases). A06A0253, A06A0254.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 2006. BLACKBURN, Presiding Judge. In these related cases, Bobby L. Berry and Melvin A. Pittman (“Intervenors”), pro se, intervened in a proceeding brought by the State of Georgia against the City […]

274 S.E.2d 38 DELOACH v. EMERGENCY MEDICAL GROUP. 59731.Court of Appeals of Georgia.SUBMITTED APRIL 15, 1980. DECIDED SEPTEMBER 26, 1980. SMITH, Judge. Appellant brought a wrongful death action based upon alleged medical malpractice. Appellee moved to dismiss on the ground that the claim was barred by the statute of limitations. The trial court granted the […]

275 S.E.2d 737 TAYLOR v. GREINER et al. 59980.Court of Appeals of Georgia.ARGUED JUNE 2, 1980. DECIDED DECEMBER 3, 1980. BIRDSONG, Judge. In their suit below, the appellees Greiner and Giddings alleged that the defendant had maliciously and with ulterior motive instigated investigative and disciplinary proceedings against them by the State Board of Medical Examiners. […]

164 S.E.2d 856 SANDERS, Trustee v. CARNEY et al. 43914.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1968. DECIDED OCTOBER 30, 1968. The trial court did not err in granting the summary judgment in favor of the employee awarding him the funds held by the escrow agent as opposed to the contention of the employer that […]

428 S.E.2d 624 OLIVARIA v. THE STATE. A92A2250.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1993. RECONSIDERATION DENIED MARCH 9, 1993. JOHNSON, Judge. Virgil Olivaria appeals from his convictions of voluntary manslaughter and possession of a firearm during the commission of a crime. 1. Olivaria contends that the court erred in refusing to admit into […]

372 S.E.2d 679 COOPER et al. v. THE STATE. 76802.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1988. CARLEY, Judge. In a single indictment, appellants were charged with possession of cocaine with intent to distribute. They were tried as co-defendants, and the jury returned a guilty verdict as to each. Following the denial of their […]

169 S.E.2d 175 WILLIS v. INTEGRITY NATIONAL LIFE INSURANCE COMPANY. 44541.Court of Appeals of Georgia.ARGUED JUNE 2, 1969. DECIDED JUNE 26, 1969. FELTON, Chief Judge. 1. In this action by a widow to recover the proceeds of her deceased husband’s life insurance policy, the defendant insurer, as movant for a summary judgment, failed to carry […]

113 S.E.2d 146 SIMMONS v. HARWELL et al. 37914.Court of Appeals of Georgia. DECIDED JANUARY 26, 1960. Where, as here, an affidavit of illegality is defective, it is not sufficient to withstand a motion to strike. DECIDED JANUARY 26, 1960. Affidavit of illegality, etc. Gordon Superior Court. Before Judge Davis. April 24, 1959. Louise Simmons, […]

98 S.E.2d 582 DIXIE CONSTRUCTION COMPANY OF GEORGIA, INC. v. WILLIAMS, Commissioner. 36710.Court of Appeals of Georgia. DECIDED MAY 17, 1957. It is within the power of the legislature to extend the time within which an obligation to pay use tax may be enforced. DECIDED MAY 17, 1957. Affidavit of illegality. Before Judge McWhorter. Chatham […]

593 S.E.2d 55 CHEEK v. THE STATE. A03A2160Court of Appeals of Georgia. DECIDED: DECEMBER 30, 2003 RUFFIN, Presiding Judge. A jury found Anthony Wilbert Cheek guilty of child molestation, aggravated child molestation, and two counts of aggravated sexual battery. Cheek appeals, asserting that the trial court erred in excluding certain evidence and in exhibiting prejudice […]

660 S.E.2d 11 LEMON V. THE STATE. No. A07A1752.Court of Appeals of Georgia. DECIDED MARCH 3, 2008. RECONSIDERATION DENIED MARCH 26, 2008. PHIPPS, Judge. A jury found Jerome LeMon guilty of armed robbery and aggravated assault in connection with his attack on the driver and another passenger of the car in which all three men […]

436 S.E.2d 59 FERRY v. THE STATE. A93A2246.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1993. BEASLEY, Presiding Judge. Defendant Ferry files this separate appeal from the denial of his motion for supersedeas bond, which is governed by OCGA §17-6-1 and particularly subsections (e) and (g), following his conviction of two counts of child molestation. […]

627 S.E.2d 810 ROBBINS v. THE STATE. A06A0011.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 2006. RECONSIDERATION DENIED MARCH 2, 2006. MILLER, Judge. Following a jury trial, Gerald Glen Robbins was convicted of rape and sentenced to life in prison. On appeal, he contends that the trial court erred in (1) admitting similar transaction evidence; […]

255 S.E.2d 130 WILSON v. SENTRY INSURANCE COMPANY. 57276.Court of Appeals of Georgia.ARGUED FEBRUARY 13, 1979. DECIDED APRIL 19, 1979. SHULMAN, Judge. Default judgment was entered in favor of appellant and against the driver of a vehicle which was allegedly insured by Sentry Insurance Company in a suit arising from an automobile collision. Following this […]

483 S.E.2d 373 DUGGAN v. THE STATE. MATHESON v. THE STATE. A96A2271, A96A2272.Court of Appeals of Georgia. DECIDED MARCH 7, 1997. SMITH, Judge. Appellants Peter Martin Duggan and Robb T. Matheson were involved in a two-car collision that resulted in the death of the victim, a passenger in Matheson’s vehicle. Duggan was indicted for homicide […]

167 S.E.2d 664 JOHNSON v. MAYOR c. OF ATHENS. 44307.Court of Appeals of Georgia.SUBMITTED MARCH 3, 1969. DECIDED MARCH 20, 1969. FELTON, Chief Judge. 1. The admission in evidence, in a condemnation case, of a plat of the condemned property on Page 438 which there were notations of an expert witness of his opinions as […]

430 S.E.2d 94 GROGAN et al. v. BENNETT et al. A92A2364.Court of Appeals of Georgia. DECIDED MARCH 10, 1993. RECONSIDERATION DENIED MARCH 23, 1993. JOHNSON, Judge. Peggy Grogan was driving on Georgia Highway 119, a rural two-lane highway. Just before dawn, as she approached the intersection of the highway with county road 362, she saw […]

280 S.E.2d 860 SANDERS v. THE STATE (two cases). 61473, 61474.Court of Appeals of Georgia. DECIDED MAY 4, 1981. SOGNIER, Judge. Both appellant and his counsel filed a notice of appeal; however, this is one case, appealed on the general grounds. Appellant was convicted of aggravated sodomy. The victim testified that appellant picked her up […]

503 S.E.2d 924 WILSON v. THE STATE. A98A0088.Court of Appeals of Georgia. DECIDED JULY 9, 1998. BLACKBURN, Judge. Johnny W. Wilson was charged with the failure to stop at the scene of an accident pursuant to OCGA § 40-6-270. After a mistrial was declared in the proceedings below, Wilson filed this appeal. For the reasons […]

220 S.E.2d 55 MONUMENTAL PROPERTIES, INC. v. JOHNSON. 50766.Court of Appeals of Georgia.SUBMITTED MAY 28, 1975. DECIDED OCTOBER 6, 1975. QUILLIAN, Judge. The appellant (plaintiff below) brought a dispossessory action against the appellee (defendant below). The defendant answered and counterclaimed for actual and punitive damages because she had paid the rent which was claimed to […]

517 S.E.2d 537 GODINHO v. CITY OF TYBEE ISLAND, GEORGIA. A97A1703.Court of Appeals of Georgia. DECIDED: MARCH 18, 1999 ELDRIDGE, Judge. In City of Tybee Island, Georgia v. Godinho, 270 Ga. 567 (511 S.E.2d 517) (1999) (Case No. S98G1091; decided February 8, 1999) the Supreme Court reversed the judgment of this Court’s opinion in Godinho […]

592 S.E.2d 83 MON AMI INTERNATIONAL, INC. et. al. v. GALE et. al. A03A1162.Court of Appeals of Georgia. DECIDED: OCTOBER 29, 2003 RUFFIN, Presiding Judge. Kenneth Gale, individually and in his capacity as executor of his wife’s estate, sued Mon Ami International, Inc. (“Mon Ami”), its parent company, president, and lawyer, to enforce an amendment […]

25 S.E.2d 428 OUTLAW v. THE STATE. 30013.Court of Appeals of Georgia. DECIDED APRIL 21, 1943. BROYLES, C. J. The defendant was convicted of the offense of simple larceny (cow stealing). The evidence, while in sharp conflict, authorized the verdict; and the court did not err in overruling the motion for new trial which was […]

196 S.E.2d 469 VERDDIER v. NEAL BLUN COMPANY et al. 47383.Court of Appeals of Georgia.ARGUED SEPTEMBER 5, 1972. DECIDED FEBRUARY 28, 1973. STOLZ, Judge. This is a products liability case. Mariah Verddier sued Frantz Manufacturing Co., the Page 322 manufacturer; Neal Blun Co., its alleged agent and distributor of its products in the State of […]

645 S.E.2d 685 IN THE INTEREST OF J. M. N. et al., children. No. A07A0067.Court of Appeals of Georgia. DECIDED MAY 1, 2007. BARNES, Chief Judge. The mother of J. M. N., J. L. N., and T. A. J. appeals from the order of the juvenile court denying her motion for new trial following the […]

492 S.E.2d 292 MACON-BIBB COUNTY HOSPITAL AUTHORITY v. REECE et al. A97A1193.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1997. BLACKBURN, Judge. The Macon-Bibb County Hospital Authority (the hospital) sued Jones County Sheriff Robert Reece, Jones County, and the Jones County Board of Commissioners (collectively, the county) seeking reimbursement for medical treatment. After the hospital […]

279 S.E.2d 250 HILL AIRCRAFT LEASING CORP. v. PLANES, INC. 61468.Court of Appeals of Georgia. DECIDED MARCH 4, 1981. REHEARING DENIED MARCH 31, 1981. QUILLIAN, Chief Judge. This is an appeal from a summary judgment. 1. This case was formerly before this Court and was remanded to the trial court for a hearing to determine […]

361 S.E.2d 210 LAWSON v. THE STATE. 74778.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1987. CARLEY, Judge. Appellant was indicted for selling cocaine in violation of the Georgia Controlled Substances Act. The jury returned a guilty verdict and appellant appeals from the judgment of conviction and sentence entered thereon. All enumerations of error relate […]

74 S.E.2d 485 PARROTT v. COLLINS et al. 34352.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1953. CARLISLE, J. 1. Where, by the terms of a written contract, executed April 3, 1950, between P and C, it is provided that P and C are to purchase the interest of C’s partner in a certain business […]

403 S.E.2d 895 GAY v. THE STATE. A90A1963.Court of Appeals of Georgia. DECIDED MARCH 14, 1991. POPE, Judge. Defendant Travis Gay was convicted of aggravated assault, possession Page 81 of a firearm during the commission of a crime and discharging a firearm on or near a highway. He appeals from the denial of his motion […]

150 S.E.2d 694 MASSEY v. STEPHENS. 42121.Court of Appeals of Georgia.ARGUED JULY 6, 1966. DECIDED SEPTEMBER 6, 1966. NICHOLS, Presiding Judge. Herschel F. Massey sued Ralph Stephens to recover for injuries and damages sustained when an automobile owned by the defendant, and being driven by a member of his family as a family-purpose automobile, struck […]

227 S.E.2d 494 TAYLOR FREEZER SALES COMPANY, INC. v. HYDRICK. 52068.Court of Appeals of Georgia.ARGUED APRIL 8, 1976. DECIDED MAY 21, 1976. PANNELL, Presiding Judge. The plaintiff brought an action to recover certain equipment which had been leased to the defendant. The plaintiff also sought to recover the rental value of the equipment for the […]

337 S.E.2d 360 McLAMB v. THE STATE. 71173.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1985. REHEARING DENIED NOVEMBER 5, 1985. McMURRAY, Presiding Judge. Defendant was convicted of child molestation and brings this appeal enumerating three errors. Held: 1. In his first enumeration, defendant contends the State failed to prove the commission of an offense […]

245 S.E.2d 53 WERTHMULLER v. WERTHMULLER. 55051.Court of Appeals of Georgia.ARGUED JANUARY 4, 1978. DECIDED APRIL 28, 1978. SMITH, Judge. Appellant (husband) was granted a divorce by an Alabama court. Both parties to this action were residents of Alabama when the divorce complaint was filed and the divorce granted. Among other things, the final decree […]

546 S.E.2d 63 LEVERETTE v. THE STATE. A01A0899.Court of Appeals of Georgia. DECIDED: FEBRUARY 27, 2001. ELDRIDGE, Judge. Eddie Leverette appeals from the Superior Court of Clayton County’s revocation of his first offender probation on the offense of terroristic threats, which revocation was predicated upon Leverette’s subsequent conviction for possession of cocaine. In his enumeration […]

427 S.E.2d 587 TAYLOR v. THE STATE. A93A0038.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1993. McMURRAY, Presiding Judge. Defendant was convicted of armed robbery and possession of a firearm by a convicted felon. Following the denial of his motion for a new trial, defendant appealed. Held: Page 221 1. Defendant contends the trial court […]

121 S.E.2d 343 WARREN v. WARREN, Administratrix. 38919.Court of Appeals of Georgia. DECIDED JULY 14, 1961. Under the facts of this case the evidence demanded the finding that it was necessary for the administratrix to sell the real property of the estate for the purposes of the payment of debts and distribution among the heirs, […]

186 S.E.2d 293 BROWN v. DOE. 46581.Court of Appeals of Georgia.ARGUED SEPTEMBER 20, 1971. DECIDED NOVEMBER 17, 1971. HALL, Presiding Judge. Plaintiff in a John Doe action for damages under his uninsured motorists clause appeals from the grant of summary judgment for his insurance company. During the course of a large party, a truck which […]

420 S.E.2d 386 EMMETT v. SAPAROW et al. A92A1114.Court of Appeals of Georgia. DECIDED JUNE 29, 1992. McMURRAY, Presiding Judge. In this appeal from the grant of summary judgment in a suit on a note and guaranty agreement, the following facts are undisputed: Appellant Larry J. Emmett and appellee Herschel C. Saparow organized a business […]

310 S.E.2d 250 BOWLES et al. v. THE STATE. 66837.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1983. REHEARING DENIED NOVEMBER 7, 1983. McMURRAY, Presiding Judge. By separate accusations these seven defendants were charged with the offense of a misdemeanor, that is, intentionally and deliberately mutilating, defacing and defiling a certain flag of the United […]

154 S.E.2d 780 SHARPTON v. GREAT ATLANTIC PACIFIC TEA COMPANY, INC. 42561.Court of Appeals of Georgia.SUBMITTED JANUARY 6, 1967. DECIDED MARCH 17, 1967. BELL, Presiding Judge. The trial judge rendered an order sustaining defendant’s special demurrers to the petition providing Page 434 that “plaintiff’s petition shall stand dismissed unless amended within . . . (45) […]

322 S.E.2d 915 COMMERCIAL UNION INSURANCE COMPANY v. F. R. P. COMPANY. 68762.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1984. QUILLIAN, Presiding Judge. The defendant, Commercial Union Insurance Company, appeals from the judgment of the trial court, based upon a jury verdict for plaintiff — F. R. P. Company. Plaintiff F. R. P. was […]

383 S.E.2d 650 RABORN v. THE STATE. A89A1123.Court of Appeals of Georgia. DECIDED JUNE 22, 1989. SOGNIER, Judge. Arthur Raborn was convicted of child molestation and he appeals. 1. Appellant contends the trial court erred by ruling that the victim, a five year old child, was competent to testify when she did not understand the […]

693 S.E.2d 841 GASTON v. THE STATE. A09A2318Court of Appeals of Georgia, Third Division. DECIDED: MARCH 16, 2010 DOYLE, Judge. Following a bench trial, Anthony Gaston was convicted of aggravated stalking, [1] burglary, [2] kidnapping, [3] and criminal trespass.[4] He filed a motion for new trial, which the trial court initially granted. Then, following the […]

194 S.E.2d 518 ASSOCIATES FINANCIAL SERVICES COMPANY, INC. v. INTERNATIONAL HARVESTER CREDIT CORPORATION. 47440.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1972. DECIDED NOVEMBER 28, 1972. PANNELL, Judge. Associates Financial Services Company, Inc., appeals from a judgment rendered by the Civil Court of Fulton County denying appellant-plaintiff’s motion for summary judgment and granting the motion for […]

413 S.E.2d 484 DEPARTMENT OF HUMAN RESOURCES v. CORBIN. A91A1358.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1991. RECONSIDERATION DENIED NOVEMBER 21, 1991. ANDREWS, Judge. The Georgia Department of Human Resources (DHR) brought an action against Corbin pursuant to OCGA § 19-11-1 et seq. seeking to recover unreimbursed public assistance benefits paid on behalf of […]

288 S.E.2d 720 GEORGIA POWER COMPANY v. FOSTER WHEELER CORPORATION; and vice versa. 63024, 63025.Court of Appeals of Georgia. DECIDED MARCH 2, 1982. REHEARINGS DENIED MARCH 15 AND MARCH 19, 1982. SHULMAN, Presiding Judge. The parties to these appeals entered into a contract pursuant to which Foster Wheeler was to construct certain portions of a […]

85 S.E.2d 635 ATLANTA REALTY COMPANY, INC. v. SLOAN. 35388.Court of Appeals of Georgia. DECIDED JANUARY 18, 1955. The petition in this case set forth a cause of action for a duly licensed “business broker” to recover a commission for the sale of a “business.” DECIDED JANUARY 18, 1955. Action for broker’s commission. Before Judge […]

500 S.E.2d 914 ALI, et al. v. FLEET FINANCE, INC. OF GEORGIA. A98A0188.Court of Appeals of Georgia. DECIDED APRIL 2, 1998. Judge HAROLD R. BANKE. Claudette M. Ali and Dale R. Ali (collectively “Ali”) asserted allegations of fraud, negligent misrepresentation, and, inter alia, violations of the Georgia RICO Statute against Fleet Finance, Inc. of Georgia […]

166 S.E.2d 46 MARTS v. CAULEY. 43889.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 4, 1968. DECIDED JANUARY 10, 1969. EBERHARDT, Judge. Marts filed suit for loss of consortium, medical expenses, etc., against Cauley, alleging that Cauley was responsible for an automobile collision in which Marts’ wife Page 24 was injured. Cauley answered, denying the material allegations […]

272 S.E.2d 751 ARNOLD v. THE STATE. 60564.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 4, 1980. DECIDED SEPTEMBER 19, 1980. McMURRAY, Presiding Judge. Defendant was indicted, tried and convicted of the offense of armed robbery, in that he did take money from an employee of a convenience store by the use of an offensive weapon. He […]

31 S.E.2d 605 PARSONS v. SEARS, ROEBUCK COMPANY. 30609.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1944. PARKER, J. 1. The evidence was in sharp conflict as to whether the plaintiff’s injuries were proximately caused by negligence on the part of the defendant, whether the plaintiff by the exercise of ordinary care could have avoided […]

276 S.E.2d 159 MERKERSON v. THE STATE. 60954.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1980. DECIDED NOVEMBER 17, 1980. SMITH, Judge. The judgment is affirmed in accordance with Court of Appeals Rule 36. Page 487 Judgment affirmed. McMurray, P. J., and Banke, J., concur. SUBMITTED NOVEMBER 3, 1980 — DECIDED NOVEMBER 17, 1980. Carrying concealed […]

231 S.E.2d 361 CEL-KO BUILDERS DEVELOPERS, INC. v. BX CORPORATION et al. 52534.Court of Appeals of Georgia.ARGUED SEPTEMBER 20, 1976. DECIDED OCTOBER 25, 1976. REHEARING DENIED NOVEMBER 19, 1976. BELL, Chief Judge. Plaintiff brought suit to recover on five promissory notes plus interest and attorney fees. The trial court directed a verdict for plaintiff. Held: […]

250 S.E.2d 503 THE STATE v. LUDVICEK. 56229.Court of Appeals of Georgia.SUBMITTED JUNE 27, 1978. DECIDED SEPTEMBER 11, 1978. REHEARING DENIED OCTOBER 30, 1978. BIRDSONG, Judge. Anthony Charles Ludvicek was indicted for a violation of the Georgia Controlled Substances Act. He successfully moved to suppress evidence resulting from an inventory concomitant with the impoundment of […]

213 S.E.2d 162 PIERCE et al. v. THE STATE. 50104.Court of Appeals of Georgia.ARGUED JANUARY 14, 1975. DECIDED FEBRUARY 17, 1975. EVANS, Judge. Defendants were charged with carrying a concealed weapon and possession of marijuana. Officers investigating an automobile wreck first arrested defendants for driving under the influence of intoxicants and public drunkenness. A search […]

645 S.E.2d 674 GILLIS v. THE STATE. No. A07A0822.Court of Appeals of Georgia. DECIDED APRIL 27, 2007. MILLER, Judge. A jury found Vennie Lamont Gillis guilty of possessing cocaine with intent to distribute and violating the seat belt law. Gillis appeals his cocaine conviction, challenging the sufficiency of the evidence, as well as the trial […]

428 S.E.2d 451 TILLMAN v. LOMAS NETTLETON INSURANCE AGENCY CORPORATION et al. A92A1689.Court of Appeals of Georgia. DECIDED JANUARY 14, 1993. RECONSIDERATION DENIED FEBRUARY 22, 1993. ANDREWS, Judge. Tillman appeals the grant of summary judgment to defendants Lomas Nettleton Insurance Agency Corporation, Anchor Mortgage Resources, Inc., Citicorp Homeowners, Inc., and Independence One Mortgage Corporation, as […]

687 S.E.2d 215 ATKINS et al. v. MRP PARK LAKE, L.P. et al. No. A09A2125.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 2009. BLACKBURN, Presiding Judge. In this personal injury action, plaintiffs Sandra Atkins and her husband appeal the summary judgment granted to defendants MRP Park Lake, L.P. and Realty Management Corporation, claiming that disputed […]

88 S.E.2d 293 MOVSOVITZ v. WILLS. 35700.Court of Appeals of Georgia. DECIDED JUNE 13, 1955. 1. The petition as originally filed contained sufficient allegations to be amendable. 2. The petition as amended set forth a cause of action and was not subject to general demurrer. 3. The errors assigned on the trial court’s order overruling […]

357 S.E.2d 818 VUONG v. THE STATE. 74461.Court of Appeals of Georgia. DECIDED MAY 5, 1987. REHEARING DENIED MAY 22, 1987. BANKE, Presiding Judge. To Ha Vuong was indicted and tried for murder but was convicted of voluntary manslaughter. The evidence showed that while working as a waiter at the Bamboo Luau Restaurant Vuong had […]

120 S.E.2d 657 TRAVELERS FIRE INSURANCE COMPANY v. ROBERTSON. 38860.Court of Appeals of Georgia. DECIDED JUNE 6, 1961. Where the evidence showed that the defendant insurance company had written notice of a fire loss covered by the insurance policy sued on, undertook to make an investigation of the loss, negotiating with the plaintiff to secure […]