Category: Georgia Court of Appeals Opinions

507 S.E.2d 823 OASIS GOODTIME EMPORIUM I, INC. et al. v. CAMBRIDGE CAPITAL GROUP, INC. A98A0778.Court of Appeals of Georgia. DECIDED OCTOBER 6, 1998. ANDREWS, Chief Judge. Oasis Goodtime Emporium, Guy Holcomb and Harold Oden (Oasis) appeal from the judgment entered after a bench trial in which the court awarded Cambridge Capital Group (Cambridge) liquidated […]

457 S.E.2d 257 WILLIAMS v. THE STATE. A95A0249.Court of Appeals of Georgia. DECIDED APRIL 27, 1995. SMITH, Judge. Willie Gene Williams was indicted on charges of peeping Tom, burglary, aggravated assault, simple battery, and attempted rape, arising out of two separate incidents. A jury convicted him of burglary, OCGA § 16-7-1, aggravated assault, OCGA § […]

685 S.E.2d 492 GRISSOM v. THE STATE. No. A09A1503.Court of Appeals of Georgia. DECIDED OCTOBER 26, 2009. DOYLE, Judge. Following a jury trial, Jerry Grissom appeals his conviction of three counts of possessing a controlled substance[1] (methamphetamine, alprazolam, and hydrocodone) and contends that the trial court erred in denying his motion for new trial based […]

526 S.E.2d 912 U.S. FILTER DISTRIBUTION GROUP, INC. v. BARNETT et al. A00A0210.Court of Appeals of Georgia. DECIDED: DECEMBER 14, 1999. JOHNSON, Chief Judge. We granted U.S. Filter Distribution Group, Inc.’s (“U.S. Filter”) motion for interlocutory review to determine whether the time computation method adopted in OCGA § 1-3-1 (d) (3) applies to the filing […]

541 S.E.2d 410 HINES v. THE STATE. A00A1713.Court of Appeals of Georgia. DECIDED: OCTOBER 26, 2000 BLACKBURN, Presiding Judge. Following a jury trial, Corey Omar Hines appeals his conviction for armed robbery, contending that: (1) the trial court erred by allowing the State to refer to “book-in” photos; (2) the trial court erred by allowing […]

263 S.E.2d 499 BUSH v. THE STATE. 58705.Court of Appeals of Georgia.SUBMITTED OCTOBER 18, 1979. DECIDED NOVEMBER 29, 1979. QUILLIAN, Presiding Judge. The defendant appeals his conviction for driving under the influence. He contends that the trial court erred in overruling his motion for acquittal under the provisions of Code § 27-1901 Held: In the […]

118 S.E.2d 102 GWINNETT COUNTY v. ARCHER et al. 38552.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1960. REHEARING DENIED DECEMBER 20, 1960. 1. The county is the proper party plaintiff. 2. (a) The amended petition with objectionable paragraphs removed states a cause of action against all of the defendants for conspiring to defraud and […]

111 S.E.2d 116 DAVIS v. THE STATE. 37906, 37907.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1959. 1. The indictment for assault with intent to murder charging the commission of that offense on the part of the defendant by pointing, aiming at, and attempting to shoot and kill the prosecutor by pulling the trigger of […]

415 S.E.2d 684 KING v. THE STATE. A91A1529.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1992. RECONSIDERATION DENIED FEBRUARY 13, 1992. SOGNIER, Chief Judge. Donna Marie King was indicted for murder and convicted of voluntary manslaughter in the death of Dennis McMullen. She appeals from the denial of her motion for new trial. Page 818 […]

142 S.E.2d 278 LAMB v. THE REDEMPTORIST FATHERS OF GEORGIA, INC. 40983.Court of Appeals of Georgia. DECIDED MARCH 17, 1965. REHEARING DENIED APRIL 2, 1965. 1. Where the trial court sustains special demurrers to the petition and thereafter the plaintiff amends in response thereto, that order is not subject to exception or review. 2. (a). […]

266 S.E.2d 356 WILCOX v. THE STATE. 59124.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1980. DECIDED MARCH 5, 1980. CARLEY, Judge. Wilcox appeals his burglary conviction. 1. The evidence shows that Wilcox entered the dwelling of another without authority to do so. Murphy v. State, 238 Ga. 725, 728 (2) (234 S.E.2d 911) (1977). The […]

654 S.E.2d 442 WALLACE v. THE STATE. No. A07A2353.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 2007. JOHNSON, Presiding Judge. A Paulding County grand jury indicted Rico Lorenzo Wallace for two counts of rape, one count of aggravated child molestation, one count of incest, one count of enticing a minor for indecent purposes, one count […]

353 S.E.2d 94 ARRE INDUSTRIES, INC. v. ARALMEX, S.A. DE C.V. 73882.Court of Appeals of Georgia. DECIDED JANUARY 26, 1987. DEEN, Presiding Judge. Appellant Arre Industries, Inc. (Arre), headquartered in Fulton County, sells shock-absorbers for high-performance automobiles. The manufacture of the shock-absorbers is sub-contracted by Arre to suppliers in this country and, as in the […]

538 S.E.2d 464 LOVELESS v. THE STATE. A00A1664.Court of Appeals of Georgia. DECIDED: AUGUST 15, 2000. JOHNSON, Chief Judge. Regina Loveless was convicted of cruelty to children for maliciously causing mental pain to her sons C. L. and J. L. by ignoring C. L.’s pleas that she help J. L. while he was being molested […]

227 S.E.2d 903 SIMPSON v. AMERICAN NATIONAL BANK OF BRUNSWICK et al. 52236.Court of Appeals of Georgia.ARGUED JUNE 8, 1976. DECIDED JUNE 21, 1976. MARSHALL, Judge. Appellant Simpson brings this appeal from the action of the Superior Court of DeKalb County dismissing his complaint as to all defendants. His sole enumeration of error is that […]

167 S.E.2d 161 WHITE v. AUGUSTA MOTEL HOTEL INVESTMENT COMPANY. 43935.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1968. DECIDED MARCH 11, 1969. WHITMAN, Judge. 1. Where, as here, in its responsive pleading to the plaintiff’s complaint, the defendant sets forth two defenses, to wit: (1) That the complaint fails to state a claim upon which […]

134 S.E.2d 547 CITY OF GAINESVILLE v. MOSS. 40293.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1963. REHEARING DENIED DECEMBER 3, 1963. 1. While the ante litem notice required to be given by Code Ann. § 69-308 is a prerequisite to the maintenance of an action against a city, if it appears from the notice […]

169 S.E.2d 372 SZEKERES et al. v. WALTER E. HELLER COMPANY. 44323.Court of Appeals of Georgia.ARGUED MARCH 5, 1969. DECIDED JUNE 13, 1969. REHEARING DENIED JULY 2, 1969. HALL, Judge. The defendant Szekeres appeals from the order of the trial court overruling his motion for new trial. Orders of the court show that upon motion […]

369 S.E.2d 774 BEGUIRISTAIN v. THE STATE. 76529.Court of Appeals of Georgia. DECIDED APRIL 28, 1988. REHEARING DENIED MAY 16, 1988. DEEN, Presiding Judge. Carlos Beguiristain appeals from his conviction and sentence of trafficking in cocaine. 1. Appellant first contends that the court below erred in denying his motion to suppress. The evidence showed that […]

587 S.E.2d 841 KIER v. THE STATE. A03A1022.Court of Appeals of Georgia. DECIDED: SEPTEMBER 24, 2003 SMITH, Chief Judge. Sherman Kier was convicted by a jury of the offense of child molestation. Following entry of judgment on the verdict, Kier appeals, contending in his sole enumeration of error that the trial court erred in refusing […]

290 S.E.2d 549 BANKS v. THE STATE. 63901.Court of Appeals of Georgia. DECIDED APRIL 28, 1982. DEEN, Presiding Judge. The defendant was convicted of forging a check for $120.00 made out to himself on a check form bearing the name and address of Gifford Realty Company and the signature “James T. Williams.” Williams is the […]

172 S.E.2d 629 AETNA LIFE INSURANCE COMPANY v. CASH. 44631.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1969. DECIDED JANUARY 8, 1970. The trial judge was correct in denying the plaintiff’s motion for summary judgment but erred in granting the defendant’s motion. Page 9 ARGUED SEPTEMBER 11, 1969 — DECIDED JANUARY 8, 1970. Action to recover […]

24 S.E.2d 211 TRIPP et al. v. THE STATE. 29935.Court of Appeals of Georgia. DECIDED JANUARY 28, 1943. The evidence tending to connect the defendants with the burglary is wholly circumstantial, and insufficient to exclude every reasonable hypothesis save that of the guilt of the accused. DECIDED JANUARY 28, 1943. Page 803 Burglary; from Cobb […]

409 S.E.2d 50 BRINSON v. FIRST AMERICAN BANK OF GEORGIA et al. A91A0579.Court of Appeals of Georgia. DECIDED JUNE 24, 1991. RECONSIDERATION DENIED JULY 17, 1991. BEASLEY, Judge. Brinson sued the First American Bank of Georgia and Crowe Mann, the law firm representing the bank, in a collection action and two garnishments thereon. He appeals […]

466 S.E.2d 897 ROWER v. THE STATE A95A2075Court of Appeals of Georgia. DECIDED DECEMBER 18, 1995 RECONSIDERATION DENIED JANUARY 19, 1996 — CERT APPLIED FOR. BIRDSONG, Presiding Judge. Curtis Alfonzo Rower was indicted for murder, kidnapping with bodily injury, two counts of kidnapping, and armed robbery, for kidnapping Sarah Ambrusko Tokars and her two young […]

282 S.E.2d 131 KOZA v. THE STATE. 61735.Court of Appeals of Georgia. DECIDED MAY 6, 1981. REHEARING DENIED JUNE 1, 1981. DEEN, Presiding Judge. 1. The defendant was indicted in five counts for motor vehicle theft and one count of receiving stolen property, and convicted of all but one of the theft counts. Following a […]

156 S.E.2d 180 BROWN v. THE STATE. 42809.Court of Appeals of Georgia.SUBMITTED MAY 1, 1967. DECIDED JUNE 2, 1967. PANNELL, Judge. Mrs. Mamie C. Brown was tried on an accusation that contained two counts charging her with the illegal sale of whiskey. She was convicted on Count 1 and acquitted on Count 2, and we […]

169 S.E.2d 360 ROBERT COMPANY ASSOCIATES et al. v. PINKERTON LAWS COMPANY et al. 44239.Court of Appeals of Georgia.ARGUED FEBRUARY 5, 1969. DECIDED JUNE 10, 1969. REHEARING DENIED JULY 3, 1969. The petition states a claim against the general contractor within in the terms of the indemnification agreement. ARGUED FEBRUARY 5, 1969 — DECIDED JUNE […]

46 S.E.2d 593 WILLIAMS v. SOUTHERN RAILWAY COMPANY et al. 31855.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1948. It appearing from the petition that the negligence alleged against the defendant, Southern Railway Company, was not the proximate cause of the death of the deceased, the trial court did not err in sustaining the demurrer, […]

228 S.E.2d 27 GARDNER v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY et al. 51605.Court of Appeals of Georgia.ARGUED JANUARY 14, 1976. DECIDED JUNE 21, 1976. QUILLIAN, Judge. This is an appeal from an order of the superior court affirming an award of the State Board of Workmen’s Compensation denying compensation. The board held that the deceased’s […]

419 S.E.2d 724 CARREKER v. SOUTHERN GENERAL INSURANCE COMPANY; and vice versa. A92A0252, A92A0439.Court of Appeals of Georgia. DECIDED MAY 20, 1992. RECONSIDERATION DENIED JUNE 8, 1992. ANDREWS, Judge. Carreker was injured in an automobile collision on May 7, 1990, while riding as a passenger in Miles’ car, and incurred $3,250 in medical expenses as […]

582 S.E.2d 13 BROWN v. THE STATE. A03A0136.Court of Appeals of Georgia. DECIDED: MAY 5, 2003 RUFFIN, Presiding Judge. As part of a negotiated plea agreement, Rodney Brown agreed to testify truthfully at the trial of a co-defendant in exchange for a reduced sentence. At the trial, however, Brown reneged on his agreement, testifying contradictorily […]

445 S.E.2d 264 LANDIS v. ROCKDALE COUNTY et al. A91A1259.Court of Appeals of Georgia. DECIDED MARCH 18, 1994. RECONSIDERATION DENIED APRIL 1, 1994. ANDREWS, Judge. After granting certiorari to review our decision in Landis v. Rockdale County, 206 Ga. App. 876 (427 S.E.2d 286) (1992), the Supreme Court entered an order “remand[ing] this case to […]

199 S.E.2d 408 HOLCOMB v. THE STATE. 47809.Court of Appeals of Georgia.ARGUED JANUARY 3, 1973. DECIDED JUNE 14, 1973. QUILLIAN, Judge. Defendant, James R. Holcomb, was indicted along with Robert Dickey and Ron Lathrop for the offense of armed robbery in that they took $365 from Ethel Chappell, she being a cashier at the Marriott […]

422 S.E.2d 870 STOWERS v. THE STATE. A92A0810.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. RECONSIDERATION DENIED SEPTEMBER 23, 1992. SOGNIER, Chief Judge. Ronrico Stowers was convicted of armed robbery. He appeals from the denial of his motion for new trial. 1. Appellant contends in two enumerations that the evidence was insufficient to support […]

176 S.E.2d 245 TAYLOR v. BUCKHEAD GLASS COMPANY, INC. 44568.Court of Appeals of Georgia. DECIDED JUNE 15, 1970. QUILLIAN, Judge. Upon grant of certiorari the Supreme Court has reversed our judgment. Buckhead Glass Co. v. Taylor, 226 Ga. 247 (174 S.E.2d 568). Accordingly, in view of the decision rendered by the Supreme Court, and in […]

70 S.E.2d 382 SNYDER v. SAVANNAH UNION STATION COMPANY. 33900.Court of Appeals of Georgia. DECIDED MARCH 10, 1952. REHEARING DENIED APRIL 4, 1952. A suit for damages, based upon the alleged wrongful discharge of the plaintiff and the breach by the defendant employer of the contract of hiring, was properly dismissed on general demurrer, where […]

178 S.E.2d 926 JENKINS ENTERPRISES, INC. v. WILLIAMS. 45772.Court of Appeals of Georgia.ARGUED NOVEMBER 3, 1970. DECIDED NOVEMBER 17, 1970. The statutory test for “change in condition” under Code Ann. § 114-709 is “economic condition,” proximately caused by the previous accidental injury, rather than medical or physical condition. ARGUED NOVEMBER 3, 1970 — DECIDED NOVEMBER […]

125 S.E.2d 87 KENNEDY v. SCHULTZ. 39316.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1962. REHEARING DENIED MARCH 12, 1962. In a suit by an individual on an unpaid note executed by the defendant and payable to the individual plaintiff, the defendant debtor cannot set off a claim due the defendant by a partnership of […]

20 S.E.2d 773 REESE v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. 29509.Court of Appeals of Georgia. DECIDED MAY 30, 1942. SUTTON, J. 1. The approval of settlement between the claimant and the defendants, with a provision in writing that “If any party in interest doubts that the agreement made has been made strictly according […]

27 S.E.2d 768 HOOD v. THE STATE. 30274.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1943. REHEARING DENIED NOVEMBER 23, 1943. BROYLES, C. J. 1. The evidence, while circumstantial, amply authorized the defendant’s conviction of the crime charged (making whisky), and was sufficient to exclude every other reasonable hypothesis. 2. The evidence showed that the […]

136 S.E.2d 912 MARTINEZ v. CROWN LIFE INSURANCE COMPANY. 40598.Court of Appeals of Georgia. DECIDED APRIL 23, 1964. 1. The petition is subject to the reasonable inference that acts of state of the Cuban government affected the final performance of the insurance contract held by the plaintiff. 2. (a) Questions arising out of acts of […]

169 S.E.2d 694 EVERHART v. DUKE. 44492.Court of Appeals of Georgia.SUBMITTED MAY 29, 1969. DECIDED JUNE 13, 1969. REHEARING DENIED JULY 17, 1969. EBERHARDT, Judge. In this trover action defendant’s motion for summary judgment was denied, and properly so since there were substantial questions of fact for jury resolution. Judgment affirmed. Bell, P. J., and […]

636 S.E.2d 762 MULVANEY v. THE STATE. No. A06A1557.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 2006. BERNES, Judge. A Dougherty County jury found Michael Mulvaney guilty of three counts of cruelty to children in the third degree, one count of aggravated assault, and two counts of aggravated battery. Mulvaney claims that the trial court […]

356 S.E.2d 537 SANDERS v. THE STATE. 73681.Court of Appeals of Georgia. DECIDED APRIL 9, 1987. SOGNIER, Judge. Appellant was convicted at a bench trial of child molestation and aggravated sodomy, and he appeals. 1. In his first two enumerations of error appellant contends the trial court erred by admitting his statement to police into […]

462 S.E.2d 396 PAUL ROBINSON INC. v. HAEGE A95A2773.Court of Appeals of Georgia. DECIDED AUGUST 25, 1995. RECONSIDERATION DENIED SEPTEMBER 22, 1995 — CERT. APPLIED FOR. BEASLEY, Chief Judge. Paul Robinson, Inc., sued Haege, alleging violation of a non-competition covenant ancillary to an employment contract. Robinson, which is engaged in the business of buying and […]

311 S.E.2d 226 MOORE v. THE STATE. 67142.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1983. McMURRAY, Presiding Judge. Defendant appeals his conviction and his sentences for the offenses of kidnapping, rape and aggravated assault following the Page 25 denial of his motion for new trial, as amended. Held: 1. By motion in limine and […]

319 S.E.2d 133 GRANT et al. v. MINSON. 68133.Court of Appeals of Georgia. DECIDED JUNE 25, 1984. BENHAM, Judge. Appellee Minson purchased certain property at a foreclosure sale and, after unsuccessfully demanding that appellants vacate the premises, filed a dispossessory action in the Municipal Court of Chatham County. Appellants then filed an action in superior […]

181 S.E.2d 530 FIREMAN’S FUND INSURANCE COMPANY et al. v. CROWDER; and vice versa. 45559, 45560.Court of Appeals of Georgia.ARGUED SEPTEMBER 16, 1970. DECIDED FEBRUARY 23, 1971. REHEARING DENIED MARCH 18, 1971. EVANS, Judge. This is a workmen’s compensation case. The right of an insurer to subrogation is one of the principal questions herein; and […]

220 S.E.2d 707 FRANKLIN LIFE INSURANCE COMPANY v. HILL et al. SONNE v. HILL et al. 50934, 50935.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1975. DECIDED SEPTEMBER 25, 1975. REHEARING DENIED OCTOBER 15, 1975. 1. The court did not err in excluding testimony on objection that it was hearsay and a self-serving declaration. 2. No […]

388 S.E.2d 534 THE STATE v. ESCOBAR. A89A1158.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1989. SOGNIER, Judge. The State appeals from the trial court’s grant of Javier Escobar’s motion to suppress. At the hearing on the motion, Trooper Rick Ogden of the Georgia State Patrol testified that while on regular patrol on Interstate 95 […]

415 S.E.2d 470 CARRUTH v. BROWN. A91A2144.Court of Appeals of Georgia. DECIDED JANUARY 21, 1992. RECONSIDERATION DENIED FEBRUARY 3, 1992. BEASLEY, Judge. Having been denied a new trial, plaintiff Carruth appeals the judgment on the jury verdict in favor of defendant Brown in this suit for personal injuries stemming from Brown’s alleged negligence in a […]

459 S.E.2d 601 ROONEY v. THE STATE. A95A0776.Court of Appeals of Georgia. DECIDED JULY 13, 1995. POPE, Presiding Judge. We granted John Thomas Rooney’s application for interlocutory appeal to consider whether a superior court judge erred in reconsidering, and subsequently revoking, the pretrial bond set by another judge, who was presiding in the superior court […]

505 S.E.2d 573 BATTLE v. THE STATE. A98A1305.Court of Appeals of Georgia. DECIDED AUGUST 28, 1998. ANDREWS, Chief Judge. Andre Ramon Battle appeals from the judgment entered after he pled guilty to one count of cruelty to children and one count of simple battery. Battle argues on appeal that the trial court erred in denying […]

6 S.E.2d 115 HALE v. LIPHAM. 27533.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1939. The court properly overruled the demurrer to the petition as amended. DECIDED DECEMBER 1, 1939. Complaint; from Floyd superior court — Judge Porter. January 9, 1939. Lamar Camp, for plaintiff in error. Maddox Griffin, contra. BROYLES, C. J. The sole […]

632 S.E.2d 467 MITSUI MARINE FIRE INSURANCE COMPANY, LTD. v. HANJIN SHIPPING COMPANY, LTD. et al. A06A0185. NORFOLK SOUTHERN RAILWAY COMPANY v. MITSUI MARINE FIRE INSURANCE COMPANY, LTD. A06A0051.Court of Appeals of Georgia. DECIDED JUNE 9, 2006. PHIPPS, Judge. These appeals arise from a maritime suit to recover damages to cargo that occurred during the […]

368 S.E.2d 541 FLOYD v. THE STATE. 76358.Court of Appeals of Georgia. DECIDED APRIL 4, 1988. DEEN, Presiding Judge. Rick Lee Floyd was convicted of three counts of burglary, one count of entering an automobile with intent to commit a theft, and one count of theft by taking. On appeal, he contends that the trial […]

445 S.E.2d 345 ROLLESTON v. GLYNN COUNTY BOARD OF TAX ASSESSORS. A94A1223.Court of Appeals of Georgia. DECIDED JUNE 15, 1994. BLACKBURN, Judge. Appellant, Moreton Rolleston, Jr., an attorney, appealed, pro se, to the Glynn County Board of Equalization the 1992 property reappraisals of two pieces of property he owns on Sea Island, Georgia. A hearing […]

610 S.E.2d 570 JONES v. THE STATE. A04A2210.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 2005. RECONSIDERATION DENIED MARCH 2, 2005. ADAMS, Judge. Jimmy Herman Jones was convicted on five counts of burglary. He was sentenced by the trial court to 20 years on Count 1; 18 years on Count 2, to run consecutively to […]

240 S.E.2d 197 CARROLL et al. v. THE STATE. 53843.Court of Appeals of Georgia.SUBMITTED MAY 2, 1977. DECIDED NOVEMBER 9, 1977. SMITH, Judge. The appellants were convicted of burglary after a jury trial. Their appeal contends the trial court erred in allowing the state to use argumentative questions on cross examination of one appellant and […]

216 S.E.2d 725 SOUTHERN PROTECTIVE PRODUCTS COMPANY v. LEASING INTERNATIONAL, INC. 50329.Court of Appeals of Georgia.SUBMITTED MARCH 3, 1975. DECIDED JUNE 4, 1975. MARSHALL, Judge. This appeal involves a lease agreement between the appellant plaintiff in the lower court and the appellee defendant in the lower court, wherein the plaintiff leased two trucks, a GMC […]

18 S.E.2d 81 ANTHONY v. CITY OF ATLANTA. 29028.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1941. REHEARING DENIED DECEMBER 17, 1941. The overruling of the certiorari was not error. DECIDED NOVEMBER 29, 1941. REHEARING DENIED DECEMBER 17, 1941. Certiorari; from Fulton superior court — Judge Hendrix. February 18, 1941. Ralph R. Quillian, Philip F. […]

273 S.E.2d 186 GREENBRIAR DODGE, INC. v. MAY et al. 59936.Court of Appeals of Georgia.ARGUED MAY 8, 1980. DECIDED SEPTEMBER 5, 1980. REHEARING DENIED SEPTEMBER 30, 1980. McMURRAY, Presiding Judge. This has been delineated by defendants as a “bait and switch” case arising out of alleged acts declared to be unlawful under our consumer protection […]

639 S.E.2d 482 DECATUR’S BEST TAXI SERVICE, INC. et al. v. SMITH. A06A1461.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 2006. RECONSIDERATION DENIED DECEMBER 6, 2006. BERNES, Judge. Decatur’s Best Taxi Service, Inc. and Gerald Haynes appeal from a jury verdict rendered in favor of appellee James Smith for injuries that Smith sustained after being […]

710 S.E.2d 900 COOKSTON v. THE STATE. No. A11A0287.Court of Appeals of Georgia. DECIDED MAY 31, 2011. PHIPPS, Presiding Judge. Nina Cookston was convicted of felony theft by taking, after a jury found that she took more than $500 from a house she was hired to clean.[1] Cookston appeals, challenging the sufficiency of the evidence […]

415 S.E.2d 67 WILLIAMS v. THE STATE. A91A1860.Court of Appeals of Georgia. DECIDED JANUARY 31, 1992. BIRDSONG, Presiding Judge. Stephen M. Williams appeals his conviction of aggravated assault, armed robbery, and possession of a firearm during the commission of a crime, and the sentence. About 11:00 p. m. on January 16, 1991, a grocery store […]

433 S.E.2d 641 PIERCE v. THE STATE. A93A0819.Court of Appeals of Georgia. DECIDED JUNE 24, 1993. RECONSIDERATION DENIED JULY 8, 1993. BLACKBURN, Judge. The appellant, Millicent Pierce, was indicted for the July 7, 1991, murder of her husband, Dr. Michael Pierce. Following a trial by jury, she was found guilty of the lesser included offense […]

658 S.E.2d 224 WILSHIN v. THE STATE. No. A07A1696.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 2008. RUFFIN, Judge. Following a bench trial, the court found David Wilshin guilty of speeding. On appeal, Wilshin — who is proceeding pro se — challenges the sufficiency of the evidence. Specifically, he contends that the arresting officer’s in-court […]

662 S.E.2d 802 IN THE INTEREST OF C. P., a child. No. A08A0161.Court of Appeals of Georgia. DECIDED MAY 29, 2008. SMITH, Presiding Judge. The putative father of C. P. challenges the juvenile court’s order terminating reunification services. He also appeals a separate order placing C. P. in the permanent custody of the child’s maternal […]

198 S.E.2d 701 TAYLOR v. GEORGIA POWER COMPANY. 47730.Court of Appeals of Georgia.ARGUED JANUARY 2, 1973. DECIDED APRIL 13, 1973. REHEARING DENIED MAY 14, 1973. QUILLIAN, Judge. Georgia Power Company (hereinafter referred to as the condemnor) gave Ivan E. Taylor (condemnee) notice of the condemnation of an easement or right of way across the condemnee’s […]

526 S.E.2d 361 EBERHART v. THE STATE. A99A2196.Court of Appeals of Georgia. DECIDED: NOVEMBER 30, 1999. ELDRIDGE, Judge. Gary Dean Eberhart challenges his convictions on two counts of simple battery. We affirm. When this Court reviews a conviction on appeal, “the evidence must be viewed in a light most favorable to the verdict, and appellant […]

208 S.E.2d 199 SMITH v. FORRESTER et al. 49555.Court of Appeals of Georgia.ARGUED JULY 9, 1974. DECIDED JULY 16, 1974. WEBB, Judge. 1. “The burden is always on the appellant in Page 427 asserting error to show it affirmatively by the record. Roach v. State, 221 Ga. 783 (4) (147 S.E.2d 299); Kemp v. State, […]

598 S.E.2d 808 ABDUL-HAKIM v. MEAD SCHOOL OFFICE PRODUCTS et al. A04A0154.Court of Appeals of Georgia. DECIDED MARCH 29, 2004. RECONSIDERATION DENIED APRIL 16, 2004. ELLINGTON, Judge. Pursuant to this Court’s grant of his application for discretionary appeal,[1] Jamaal Abdul-Hakim appeals from a superior court order affirming a decision by the appellate division of the […]

289 S.E.2d 25 PARSON-NICHOLSON, INC. v. DALTON CARPET FINISHING COMPANY, INC. 63497.Court of Appeals of Georgia. DECIDED MARCH 11, 1982. DEEN, Presiding Judge. Dalton Carpet Finishing Co., Inc. brought suit against Parson-Nicholson, Inc. on January 8, 1981, on an open account in the amount of $14,097.29. After service of the complaint, the parties apparently entered […]

228 S.E.2d 384 SALVADOR v. WALS. 52449.Court of Appeals of Georgia.ARGUED JULY 13, 1976. DECIDED JULY 16, 1976. CLARK, Judge. This case was tried by the State Court of DeKalb County without a jury. Upon the completion of the presentation of plaintiff’s evidence, defendant moved for an involuntary dismissal on the ground that, upon the […]

665 S.E.2d 345 RAY v. THE STATE. No. A08A0714.Court of Appeals of Georgia. Decided June 12, 2008. Reconsideration Denied July 9, 2008. RUFFIN, Presiding Judge. Following a bench trial, the trial court found Cecil Ray guilty of: (1) possessing cocaine with intent to distribute; (2) possessing a firearm during the commission of a crime; (3) […]

661 S.E.2d 672 WELDON v. THE STATE. No. A08A0823.Court of Appeals of Georgia. DECIDED APRIL 25, 2008. BLACKBURN, Presiding Judge. Following a stipulated bench trial, William C. Weldon was convicted of failure to operate his vehicle within a single lane, [1] possession of an open container of alcoholic beverage in the passenger area of his […]

611 S.E.2d 741 CLARK v. THE STATE. A05A0629.Court of Appeals of Georgia. DECIDED MARCH 9, 2005. BLACKBURN, Presiding Judge. Following his conviction of burglary[1] and giving a false name to a law enforcement officer,[2] and the denial of his motion for new trial, Benny Lee Clark appeals, arguing that the trial court erred in admitting […]

500 S.E.2d 638 CARTER v. TOKAI FINANCIAL SERVICES, INC. A98A0270.Court of Appeals of Georgia. DECIDED MARCH 31, 1998. BLACKBURN, Judge. Tokai Financial Services, Inc. brought suit against Randy P. Carter for monies owed under Carter’s guaranty of a telephone equipment lease agreement. The trial court granted summary judgment to Tokai, and Carter appeals. For the […]

257 S.E.2d 334 BAILEY v. THE STATE. 57614.Court of Appeals of Georgia.ARGUED APRIL 3, 1979. DECIDED JUNE 5, 1979. McMURRAY, Presiding Judge. Defendant was indicted in three counts for the offenses of rape, kidnapping and robbery. He was subsequently tried and convicted on all three counts and sentenced to serve 20 years on each count […]

87 S.E.2d 119 MORRIS v. JEFF DAVIS MOTORS, INC. 35471.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1955. REHEARING DENIED MARCH 25, 1955. 1. The trial court did not err in disallowing the defendant’s second amendment to his affidavit of illegality. 2. Where the contract has been reduced to writing, and no warranty either express […]

151 S.E.2d 493 SOUTHWIRE COMPANY v. FRANKLIN ALUMINUM COMPANY. 42208.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1966. DECIDED SEPTEMBER 23, 1966. JORDAN, Judge. The plaintiff filed suit on open account to recover a judgment in the amount of $8,351.66 for materials allegedly sold and delivered to the defendant for which payment had not been made. […]

105 S.E.2d 461 GEORGIA FORESTRY COMMISSION v. HARRELL. 37291.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1958. Where in a workmen’s compensation case there is an award to a dependent spouse and dependent children of a deceased employee, if the spouse remarries, the full amount of the award which is then unpaid, must be paid […]

565 S.E.2d 847 WILSON v. THE STATE. A02A0577.Court of Appeals of Georgia. DECIDED: MAY 22, 2002 SMITH, Presiding Judge. John Wilson, an inmate in the Clayton County Detention Center, was charged with simple battery on two correction officers. A jury found him guilty on both counts. Wilson appeals, and in his sole enumeration of error […]

568 S.E.2d 484 KERR-MCGEE F/K/A KEMIRA INC. v. GEORGIA CASUALTY SURETY CO. A02A0302.Court of Appeals of Georgia. DECIDED: MAY 1, 2002 ELDRIDGE, Judge. Kerr-McGee Corporation f/k/a Kemira, Inc. was sued by Alvin Finch, an employee of Tek-Wal Industrial Contractors, Inc., for injuries suffered while working on the premises of Kerr-McGee when another subcontractor’s employee negligently […]

271 S.E.2d 35 ATKINS v. THE STATE. 60219.Court of Appeals of Georgia.SUBMITTED JULY 1, 1980. DECIDED JULY 16, 1980. BANKE, Judge. Appellant, jointly indicted with his wife, was convicted of burglary. He contends on appeal that the evidence is insufficient to support the verdict. The evidence showed that a business in Barnesville was unlawfully entered […]

134 S.E.2d 905 BRYANT v. MOTORS INSURANCE CORPORATION et al. 40277.Court of Appeals of Georgia. DECIDED JANUARY 30, 1964. 1. There is no merit in the defendants’ motion to dismiss the bill of exceptions. 2. The issue of misjoinder may not be raised under a general demurrer which only asserts in substance that the petition […]

150 S.E.2d 305 NOLES v. ARAGON MILLS. 42041.Court of Appeals of Georgia.ARGUED JUNE 9, 1966. DECIDED JUNE 21, 1966. REHEARING DENIED JULY 19, 1966. JORDAN, Judge. This is an appeal from the judgment of the superior court affirming the award of the State Board of Workmen’s Compensation which had denied the employee’s claim on the […]

563 S.E.2d 135 AINSWORTH, et al v. PERREAULT, et al. A01A1898.Court of Appeals of Georgia. DECIDED: JANUARY 25, 2002. MIKELL, Judge. Scott and Lori Ainsworth (“plaintiffs”) filed this action against William and Barbara Perrault (“defendants”) alleging fraud and breach of contract claims. The case arose from plaintiffs’ purchase of defendants’ home in January 1996. Plaintiffs […]

187 S.E.2d 337 NORTON v. LIBERTY MUTUAL INSURANCE COMPANY et al. 46666.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1971. DECIDED JANUARY 7, 1972. PANNELL, Judge. “The parties having agreed upon a compromise of the pending cause, and to carry it out, it being necessary to have the judgment of the superior court affirming the award […]

538 S.E.2d 889 WHITE v. SUNTRUST BANK. A00A1100.Court of Appeals of Georgia. DECIDED: SEPTEMBER 8, 2000 BARNES, Judge. Kenneth E. White, III, appeals the probate court’s order denying his motions for recusal based on the probate judge’s ownership of stock in one of the parties. He also appeals the probate court’s grant of motions to […]

709 S.E.2d 585 HOWARD v. SELLERS WARREN, P.C. et al. No. A10A1821.Court of Appeals of Georgia. DECIDED MARCH 29, 2011. RECONSIDERATION DENIED APRIL 14, 2011. SMITH, Presiding Judge. Randy Howard appeals from the trial court’s grant of summary judgment to Sellers Warren, EC, Theron Warren, Regions Bank, and Michael Lewis in this case arising out […]

201 S.E.2d 639 ADAMS v. SMITH. 48286.Court of Appeals of Georgia.ARGUED JULY 9, 1973. DECIDED SEPTEMBER 5, 1973. REHEARING DENIED OCTOBER 9, 1973. EVANS, Judge. Lowell Smith, plaintiff, sued Ted Lynn Adams, defendant, because of injuries received by plaintiff when he fell from the front fender of an automobile driven by defendant, as they were […]

94 S.E.2d 34 INTERSTATE LIFE ACCIDENT INSURANCE COMPANY v. HULSEY. 36208.Court of Appeals of Georgia. DECIDED MAY 17, 1956. REHEARING DENIED JUNE 15, 1956. The court did not err in its judgment to which exceptions are made. DECIDED MAY 17, 1956 — REHEARING DENIED JUNE 15, 1956. Action on insurance policy. Before Judge Blackshear. Hall […]

404 S.E.2d 645 HUNTER v. ROBERTS. A90A2194.Court of Appeals of Georgia. DECIDED MARCH 14, 1991. REHEARING DENIED MARCH 27, 1991. POPE, Judge. Plaintiff/appellant Isaiah Hunter III d/b/a Hunter Grading Contractors, Inc. (“plaintiff”) brought suit for breach of contract against defendant/appellee Terry Roberts d/b/a T. S. Roberts Son, Inc./Drilling Services (“defendant”). Plaintiff held a subcontract from […]

19 S.E.2d 433 WESTERN CASUALTY SURETY CO. v. STROZIER. 29183.Court of Appeals of Georgia. DECIDED MARCH 20, 1942. 1. As respects liability of an insurer on a liability-insurance policy covering an employer’s truck, where there is no express consent or prohibition to use the truck, the implied consent for the use of the truck by […]

430 S.E.2d 635 FIRST BAPTIST CHURCH OF ROSWELL v. KING. A92A2169.Court of Appeals of Georgia. DECIDED MARCH 18, 1993. RECONSIDERATION DENIED MARCH 30, 1993. BIRDSONG, Presiding Judge. The First Baptist Church of Roswell appeals from the grant of a motion to set aside a judgment and then grant of summary judgment to Charles N. King […]

353 S.E.2d 75 BAIRD v. HERRMANN; and vice versa. 73677, 73678.Court of Appeals of Georgia. DECIDED JANUARY 21, 1987. DEEN, Presiding Judge. Margie Herrmann Baird obtained a divorce from Donald Herrmann in Michigan in 1977. Under the divorce decree, as modified in 1979, Herrmann was obligated to pay $66 weekly for the support of their […]

362 S.E.2d 229 BOYCE v. THE STATE. 74410.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1987. REHEARING DENIED OCTOBER 20, 1987. POPE, Judge. Wilbur LaRue Boyce, Jr., brings this appeal from his conviction and sentence of theft by taking. Defendant, an attorney, was charged with unlawfully appropriating money belonging to a client. He enumerates seventeen […]