Category: Georgia Court of Appeals Opinions

40 S.E.2d 221 MATTHEWS v. WHITTIER MILLS COMPANY. MORRIS v. WHITTIER MILLS COMPANY. WILLIAMS v. WHITTIER MILLS COMPANY. FLYNN v. WHITTIER MILLS COMPANY. HELTON v. WHITTIER MILLS COMPANY. RAMSEY v. WHITTIER MILLS COMPANY. WESTBROOK v. WHITTIER MILLS COMPANY. 31241, 31242, 31243, 31284, 31285, 31286, 31287, 31288.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1946. REHEARING […]

243 S.E.2d 705 DAVISON v. STRICKLAND. PAYNE v. STRICKLAND. 55104, 55105.Court of Appeals of Georgia.ARGUED JANUARY 17, 1978. DECIDED MARCH 14, 1978. REHEARING DENIED MARCH 28, 1978. SHULMAN, Judge. This case concerns itself with treasure trove and the writer will resist the urge to wax rhetorical and confine himself to the legal principles involved. Plaintiff-administratrix, […]

558 S.E.2d 836 BROCK v. WEDINCAMP, et al. WEDINCAMP v. BROCK. A01A1730, A01A1731.Court of Appeals of Georgia. DECIDED: JANUARY 15, 2002 BARNES, Judge. We granted these interlocutory appeals to consider the trial judge’s partial grant of a motion in limine in this wrongful death case involving evidence regarding the 23-year-old decedent’s sex life and gynecological […]

325 S.E.2d 794 GENERAL MOTORS CORPORATION v. GREEN. 68875.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1984. REHEARING DENIED DECEMBER 20, 1984. CARLEY, Judge. Appellee-plaintiff purchased a 1981 Cadillac Eldorado, a vehicle which is manufactured by appellant-defendant. At the time of the sale, appellee was provided a written document denominated as appellant’s “NEW CAR WARRANTY.” […]

263 S.E.2d 209 DOKE v. DOVER ELEVATOR COMPANY. 58174.Court of Appeals of Georgia.ARGUED JULY 10, 1979. DECIDED NOVEMBER 7, 1979. REHEARING DENIED NOVEMBER 21, 1979. SMITH, Judge. Appellant Doke contends the trial court erred in granting appellee’s motion for a directed verdict. We agree and reverse. On November 8, 1974, appellant was working on the […]

161 S.E.2d 516 WATTS v. THE STATE. 43528.Court of Appeals of Georgia.SUBMITTED MARCH 6, 1968. DECIDED APRIL 1, 1968. PANNELL, Judge. The defendant was convicted of larceny from a house. This is an appeal from the judgment of conviction and sentence. Held; 1. “Section 13 of an Act of 1966 (Ga. L. 1966, pp. 567, […]

576 S.E.2d 563 WATKINS v. HOME DEPOT U.S.A., INC. A02A2400.Court of Appeals of Georgia. DECIDED: DECEMBER 18, 2002 ANDREWS, Presiding Judge. Turner Watkins appeals pro se from the trial court’s order granting summary judgment to Home Depot on his slip and fall claim. Because the trial court correctly determined that there were no genuine issues […]

621 S.E.2d 859 OCONEE AREA HOME CARE SERVICES, INC. et al. v. BURTON. A05A2325.Court of Appeals of Georgia. DECIDED OCTOBER 12, 2005. BLACKBURN, Presiding Judge. In this workers’ compensation action, S.E.U.S. Captive Insurance Company appeals the superior court’s reversal of the Workers’ Compensation Board’s decision that James Burton’s debilitating injury at work occurred on July […]

160 S.E.2d 459 HAWES, Commissioner v. INSTITUTIONAL PACKERS OF AMERICA, INC. 43247.Court of Appeals of Georgia.ARGUED JANUARY 3, 1968. DECIDED FEBRUARY 14, 1968. EBERHARDT, Judge. Institutional Packers of America, Inc. (taxpayer) brought suit against the State Revenue Commissioner for refund of use taxes claimed to have been erroneously and illegally collected by the Commissioner on […]

138 S.E.2d 619 TURNER v. HOUSER. 40886.Court of Appeals of Georgia. DECIDED SEPTEMBER 29, 1964. 1. Where the allegations in a count of a petition are wholly inconsistent with the provisions of a contract upon which suit is brought for a breach, a copy of which is attached as an exhibit, there can be no […]

287 S.E.2d 743 AMOS v. THE STATE (two cases). 63339, 63340.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1982. McMURRAY, Presiding Judge. Defendant was indicted for the offense of theft by taking of a camper cover of the value of $300, a felony. He was also charged by accusation with unlawfully permitting an unlicensed person […]

397 S.E.2d 34 REDDING v. THE STATE. A90A1117.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1990. SOGNIER, Judge. This is the second appearance of this case before this court. Kenneth Charles Redding was convicted of attempted armed robbery, simple assault, aggravated assault with intent to rob, obstruction of an officer, and giving a false name […]

578 S.E.2d 568 STRAKER v. THE STATE. A03A0627.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 2003 JOHNSON, Presiding Judge. A jury found Angela Straker guilty of two counts of cruelty to children in the first degree. Straker contends the evidence was insufficient to support her convictions. We find sufficient evidence and affirm Straker’s convictions. Viewed […]

139 S.E.2d 419 HALL v. BROOKS. 40976.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 1964. REHEARING DENIED NOVEMBER 19, 1964. The uncontradicted testimony in this case showed that the plaintiff in error was not served with a copy of the petition and process, and the circumstantial evidence in the case being consistent with such testimony, […]

684 S.E.2d 348 LEE v. THE STATE. No. A09A2097.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 2009. ELLINGTON, Judge. A Columbia County jury found Jerry Lee guilty beyond a reasonable doubt of aggravated sexual battery, OCGA § 16-6-22.2 (b), of his nine-year-old daughter. Following the denial of his motion for a new trial, Lee appeals, […]

555 S.E.2d 498 DORSEY v. THE STATE. A01A2318.Court of Appeals of Georgia. DECIDED: OCTOBER 12, 2001. ELDRIDGE, Judge. In 2000, defendant Byron Joseph Downey, Jr. was accused of aggravated assault, battery, aggravated sodomy, and rape. At the Hall County jury trial, the defendant’s former wife and victim, a woman with whom he had continued to […]

376 S.E.2d 384 GOWEN et al. v. CARPENTER et al. 76742.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1988. SOGNIER, Judge. We granted the application for interlocutory review filed by Dr. James Gowen, Dr. Carl Dohn, and Coast Associates of Obstetrics Gynecology, P.C., from the trial court’s denial of their motion for judgment on the […]

353 S.E.2d 603 DEPARTMENT OF TRANSPORTATION v. CONSOLIDATED EQUITIES CORPORATION et al.; and vice versa. 73651, 73652.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1987. BIRDSONG, Chief Judge. These appeals are taken from judgments entered on a jury verdict in a condemnation action involving a partial taking of land on which a business was located. […]

585 S.E.2d 233 BLOCKUM v. FIELDALE FARMS CORPORATION. A01A0922.Court of Appeals of Georgia. Decided July 14, 2003 MIKELL, Judge. In Blockum v. Fieldale Farms Corporation, 251 Ga. App. XXV (September 18, 2001), issued pursuant to Rule 36 of the Rules of the Court of Appeals, we affirmed without opinion the trial court’s grant of summary […]

300 S.E.2d 194 BANKSTON v. THE STATE. 64686.Court of Appeals of Georgia. DECIDED JANUARY 4, 1983. REHEARING DENIED JANUARY 25, 1983. SHULMAN, Chief Judge. Appellant was convicted of two counts of burglary and five counts of theft by receiving. On appeal, he raises the general grounds, the joinder of separate offenses, and the consecutive nature […]

425 S.E.2d 299 GIDDENS v. THE STATE. A92A1183.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1992. RECONSIDERATION DENIED NOVEMBER 23, 1992. COOPER, Judge. Appellant was convicted by a jury of voluntary manslaughter and possession of a knife during the commission of a felony. On the evening of the killing, appellant and the victim were drinking […]

168 S.E.2d 211 BROWN v. ROYAL WOOD, INC. 44134.Court of Appeals of Georgia.SUBMITTED JANUARY 13, 1969. DECIDED APRIL 23, 1969. JORDAN, Presiding Judge. 1. Where it appears from the pleadings and evidence that the plaintiff purchased and paid for standing timber which the defendant prevented the plaintiff from cutting and removing from the defendant’s land, […]

480 S.E.2d 374 CARROLL v. DIAMOND RUG CARPET MILLS, INC. A96A1717.Court of Appeals of Georgia. DECIDED JANUARY 27, 1997 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. This is a workers’ compensation case arising from a 1988 back injury sustained by claimant Carroll. On January 16, 1990, an award was entered directing the employer, Diamond Rug […]

623 S.E.2d 237 TAYLOR v. THE STATE. A05A2232.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 2005. BLACKBURN, Presiding Judge. Following a jury trial in which he was convicted of pointing a pistol at another, Nelson Baker Taylor appeals the trial court’s denial of his motion for a new trial, contending that the evidence was insufficient […]

315 S.E.2d 45 ETHERIDGE v. THE STATE. 67423.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1984. SOGNIER, Judge. Appellant was convicted of armed robbery. On appeal he contends the trial court erred (1) by ruling on appellant’s motion for a new trial that he did not timely file a motion to suppress, and (2) by […]

576 S.E.2d 38 SMITH v. ONTARIO SEWING MACHINE CO., LTD. et al. A01A0837.Court of Appeals of Georgia. DECIDED: DECEMBER 20, 2002 ELDRIDGE, Judge. In Ontario Sewing Machine Co. LTD. v. Smith, 275 Ga. 683 (572 S.E.2d 533) (2002), the Supreme Court affirmed the judgment of this Court’s opinion in Smith v. Ontario Sewing Machine Co. […]

291 S.E.2d 72 GIBSON v. TALLEY. 63240.Court of Appeals of Georgia. DECIDED APRIL 20, 1982. REHEARING DENIED MAY 10, 1982. SOGNIER, Judge. Gibson sued Talley alleging legal malpractice in Talley’s pursuit of a personal injury claim filed on behalf of Gibson against Peggy Priest, a minor, and her father Howard Priest. Summary judgment in favor […]

50 S.E.2d 755 WELLS v. H. W. LAY COMPANY INC.; and vice versa. 32195, 32203.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1948. REHEARING DENIED DECEMBER 15, 1948. 1. When, in an action for breach of contract, the petition alleges in one portion that a parol agreement was entered into between the parties to do […]

456 S.E.2d 708 MOORE v. THE STATE. A94A2520.Court of Appeals of Georgia. DECIDED MARCH 17, 1995. RECONSIDERATION DENIED MARCH 31, 1995. CERT. APPLIED FOR. JOHNSON, Judge. James Moore, Jr., was convicted of two counts of rape, kidnapping, aggravated assault and aggravated sodomy. He appeals from his convictions. 1. In two separate enumerations of error, Moore […]

27 S.E.2d 475 KALIL v. SPIVEY. 30169.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1943. 1. A motion to set aside a judgment may be presented and a rule nisi thereon granted in vacation, setting the hearing for a subsequent term of the court; and during said term the court may pass an order extending […]

648 S.E.2d 399 ROSENFELD v. ROSENFELD; and vice versa. Nos. A07A0959, A07A1133.Court of Appeals of Georgia. DECIDED MAY 24, 2007. BLACKBURN, Presiding Judge. In this minority shareholder action brought by a wife against her husband as the majority shareholder and presiding officer of their family business corporation, the wife (Mary Katherine Rosenfeld) also sought to […]

644 S.E.2d 324 PEACHSTATE DEVELOPERS, LLC v. GREYFIELD RESOURCES, INC. No. A06A2457.Court of Appeals of Georgia. DECIDED MARCH 26, 2007. BARNES, Chief Judge. Peachstate Developers, LLC (“Peachstate”), appeals the grant of summary judgment to Greyfield Resources, Inc. (“Greyfield”), on Peachstate’s claims against Greyfield for breach of a contract in which Peachstate was to purchase certain […]

276 S.E.2d 679 THE STATE v. MISURACA et al. 60900.Court of Appeals of Georgia. DECIDED JANUARY 16, 1981. REHEARING DENIED FEBRUARY 5, 1981. BIRDSONG, Judge. Search and seizure. As relevant to this appeal by the state, the facts show that a Georgia State Patrolman, Griffin, was in the vicinity of Valdosta on routine patrol. He […]

240 S.E.2d 272 SECURITY INSURANCE GROUP et al. v. SLUSHER. 54576.Court of Appeals of Georgia.ARGUED OCTOBER 5, 1977. DECIDED OCTOBER 26, 1977. REHEARING DENIED NOVEMBER 16, 1977. DEEN, Presiding Judge. 1. Slusher injured his knee on May 23, 1974, while employed by Southern Sand Company. He sustained two operations, had two periods of temporary total […]

36 S.E.2d 833 McCOY v. BERRY. 31113.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1946. GARDNER, J. The bill of exceptions in the instant case was certified by the trial judge on the 5th day of October, 1945. Service of the bill of exceptions was perfected on the defendant on the 16th day of October, […]

674 S.E.2d 68 REESE v. THE STATE. No. A09A0344.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 2009. ANDREWS, Presiding Judge. On appeal from his conviction for driving under the influence (DUI) and other crimes, Jason Reese argues that the evidence was insufficient as to per se DUI and that the trial court erred when it […]

311 S.E.2d 225 GERALD et al. v. DORAN. 66649.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1983. SOGNIER, Judge. Robert D. and Caldon H. Gerald sued Benny R. Doran for fraud in the sale of a house and lot, alleging that at the time of purchase, Doran represented that the property was connected to the […]

280 S.E.2d 166 HORTON et al. v. RIEDEL. 61399.Court of Appeals of Georgia. DECIDED APRIL 22, 1981. BIRDSONG, Judge. Automobile Accident — Tort. The evidence authorized the jury to find that the appellee was driving her rented auto in the far left lane of three lanes going north on I-85 at the I-20 interchange in […]

291 S.E.2d 86 SAFFO v. THE STATE. 63922.Court of Appeals of Georgia. DECIDED APRIL 30, 1982. McMURRAY, Presiding Judge. Defendant pleaded guilty to the offense of possession of a firearm by a convicted felon. He was sentenced to serve a term of four years. Subsequently, the defendant filed his own pro se motion seeking to […]

560 S.E.2d 752 VONSLEP v. THE STATE. AB-091C A01A2293.Court of Appeals of Georgia. DECIDED: FEBRUARY 21, 2002 BLACKBURN, Chief Judge. Phyliss A. Vonslep appeals the denial of her motion for discharge and acquittal, claiming that the trial court erred in denying the motion: 1) because her case was never called, reached or scheduled during the […]

287 S.E.2d 102 PLANTATION PIPE LINE COMPANY v. 3-D EXCAVATORS, INC. 62422.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1981. REHEARING DENIED DECEMBER 18, 1981. McMURRAY, Presiding Judge. After defendant’s (3-D Excavators, Inc.) bid was accepted, it entered into a contract with DeKalb County for the construction of certain sewer improvements. During the course of […]

637 S.E.2d 775 JOHNSON v. THE STATE. No. A06A1631.Court of Appeals of Georgia. DECIDED OCTOBER 20, 2006. JOHNSON, Presiding Judge. A jury found James Chadwick Johnson guilty of possession of methamphetamine and possession of marijuana. He appeals from the convictions entered on the verdict, challenging the denial of his motion to suppress and the sufficiency […]

711 S.E.2d 19 3400 PARTNERS, LLC v. CHAVEZ. NO. A11A0554.Court of Appeals of Georgia. DECIDED APRIL 11, 2011. RECONSIDERATION DENIED MAY 4, 2011. ANDREWS, Judge. On appeal from a grant of summary judgment enforcing a subcontractor’s lien, the defendant owner of the property argues that the lien is defective because the legal description referred to […]

591 S.E.2d 450 SHELL v. THE STATE. A03A1668Court of Appeals of Georgia. DECIDED: DECEMBER 4, 2003 BLACKBURN, Presiding Judge. Following a jury trial, Christy Dale Shell appeals the jury’s verdict finding her guilty of kidnapping[1] and criminal attempt to commit burglary,[2] contending that the trial court erred by: (1) denying her Batson v. Kentucky[3] motion […]

306 S.E.2d 394 POOLE v. THE STATE. 66447.Court of Appeals of Georgia. DECIDED JULY 6, 1983. BIRDSONG, Judge. On February 7, 1980, Freddie Lee Poole was convicted on his plea of guilty to robbery by snatching and theft by receiving. He was sentenced to 20 years on probation. Subsequently, Poole was cited on January 3, […]

137 S.E.2d 690 BARRON v. THE STATE. 40692.Court of Appeals of Georgia. DECIDED MAY 7, 1962. REHEARING DENIED JUNE 2, 1964. 1. A search and seizure of property on private premises, even without a search warrant, may be legal if in connection with a lawful arrest with or without a warrant. The circumstances here were […]

705 S.E.2d 170 CARTER v. COUNTRY CLUB OF ROSWELL, INC. No. A10A1565.Court of Appeals of Georgia. DECIDED OCTOBER 13, 2010. RECONSIDERATION DENIED DECEMBER 10, 2010. ADAMS, Judge. The trial court granted summary judgment on Earl Carter’s premises liability claim against Country Club of Roswell, Inc. (“CCR”) seeking damages for injuries he sustained when moveable wall […]

497 S.E.2d 72 GEORGIA DEPARTMENT OF TRANSPORTATION v. CANNADY. A97A2523.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1998 — CERT. APPLIED FOR. ELDRIDGE, Judge. On July 15, 1992, Adelle C. Cannady, plaintiff-appellee, was a passenger in a car driven by her daughter, Brenda C. Martin, traveling westbound on Georgia State Highway 26, also designated U.S. […]

633 S.E.2d 403 LITTLE v. THE STATE. No. A06A1170.Court of Appeals of Georgia. DECIDED JUNE 21, 2006. ELLINGTON, Judge. A Henry County jury found Brenda Lee Little guilty of trafficking in methamphetamine, OCGA § 16-13-31. Little appeals from the judgment of conviction, contending the trial court erred by denying her pre-trial motion to reveal the […]

366 S.E.2d 355 AARON et al. v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY. 75912.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1988. REHEARING DENIED FEBRUARY 22, 1988. BANKE, Presiding Judge. This is an appeal from a judgment entered on a jury verdict in favor of the plaintiff/appellee, Georgia Farm Bureau Mutual Insurance Company (“Farm Bureau”), […]

211 S.E.2d 5 HARPER v. DANIEL et al. 49409.Court of Appeals of Georgia.ARGUED MAY 30, 1974. DECIDED OCTOBER 24, 1974. REHEARING DENIED NOVEMBER 26, 1974. EVANS, Judge. On September 1, 1972, Steven Davis Daniel, driving a family purpose automobile, was involved in a collision just outside the city limits of Fort Valley, Georgia. Daniel was […]

304 S.E.2d 460 BURROW et al. v. K-MART CORPORATION; and vice versa. 65390, 65391.Court of Appeals of Georgia. DECIDED APRIL 15, 1983. QUILLIAN, Presiding Judge. The instant appeals arose from the following set of facts. Plaintiff, Idell Burrow, accompanied by her two daughters, visited the K-Mart store on Bankhead Highway to purchase two lamps. The […]

397 S.E.2d 193 PENDER v. WITCHER. A89A1091.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 1990. CARLEY, Chief Judge. In Hightower v. Gen. Motors Corp., 175 Ga. App. 112, 113 (1) (332 S.E.2d 336) (1985), aff’d on other grounds, 255 Ga. 349 (338 S.E.2d 426) (1986), a majority of this court held that it was permissible […]

29 S.E.2d 267 YOUNG, executrix, v. LEWIS. 30331.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1944. 1. (a) An implied contract is one not created or evidenced by distinct and explicit language, but inferred by the law as a matter of reason and justice. (b) “Reasonable definiteness and certainty in pleading is all that should […]

314 S.E.2d 709 WRIGHT v. THE STATE. 67752.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1984. DEEN, Presiding Judge. The appellant, Otha Wright, was convicted of burglary, rape, and aggravated sodomy. This appeal followed. At approximately 4:00 a. m. on January 24, 1983, Ophelia Marks awoke to find a man in her bed. This assailant, […]

284 S.E.2d 82 MELEAR v. THE STATE. 61866.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1981. BIRDSONG, Judge. Billy Melear was indicted for murder and convicted of voluntary manslaughter, and sentenced to 20 years in prison. The state produced two eyewitnesses to the killing. The deceased’s trailer-mate, Jimmy West, testified that he was lying in […]

379 S.E.2d 237 CRAWFORD W. LONG MEMORIAL HOSPITAL OF EMORY UNIVERSITY v. YERBY. 75527.Court of Appeals of Georgia. DECIDED JANUARY 25, 1989. BENHAM, Judge. This court having entered on March 4, 1988, a judgment in the above-styled case (186 Ga. App. 407 (367 S.E.2d 245) (1988)), affirming the judgment of the trial court; and the […]

213 S.E.2d 706 BOWEN v. THE STATE. 50201.Court of Appeals of Georgia.SUBMITTED FEBRUARY 4, 1975. DECIDED MARCH 4, 1975. PANNELL, Presiding Judge. Appellant was convicted of a felony in that he unlawfully and intentionally damaged the dwelling of Mrs. J. A. Bowen without her consent by fire and explosion. He appeals alleging error on the […]

610 S.E.2d 118 BROWNLEE v. THE STATE. A05A0204.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 2005. BLACKBURN, Presiding Judge. Following his conviction of armed robbery,[1] burglary,[2] possession of a firearm during the commission of a crime,[3] and three counts of kidnapping,[4] and the denial of his motion for new trial, Thale Brownlee appeals, arguing that […]

667 S.E.2d 899 BROWN v. THE STATE. No. A08A0865.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 2008. MILLER, Judge. Following a jury trial, Von Eric Brown was convicted of a single count each of rape (in violation of OCGA § 16-6-1) and false imprisonment (in violation of OCGA § 16-5-41). Brown now appeals from the […]

402 S.E.2d 548 LEE v. HENSON. A90A1813.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1991. BANKE, Presiding Judge. On February 13, 1986, the appellant filed suit against the appellee to recover damages for injuries sustained in an automobile accident which had occurred on March 7, 1985. Service was perfected on the appellee five days later; […]

542 S.E.2d 134 STEVEDORING SERVICES OF AMERICA, et al. v. GEORGIA COLLINS. A00A2144.Court of Appeals of Georgia. DECIDED: NOVEMBER 7, 2000 MIKELL, Judge. This appeal concerns a claim for worker’s compensation benefits. Milton Hendrix was killed in an accident on September 6, 1997, while working as a longshoreman for Stevedoring Services of America. His mother, […]

296 S.E.2d 117 IN THE INTEREST OF J. C. 64346.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1982. SHULMAN, Presiding Judge. Appellant, age 13, was charged in juvenile court with motor vehicle theft. It appears that appellant took a brief “joy ride” in a truck, during which the vehicle was damaged. The juvenile court found […]

125 S.E.2d 684 KING SALES COMPANY, INC., et al. v. McKEY. 39422.Court of Appeals of Georgia. DECIDED APRIL 4, 1962. REHEARING DENIED APRIL 24, 1962. The judgment for the plaintiff was authorized by the evidence, no error appears from the rulings complained of in the amended motion for new trial, and the trial court did […]

637 S.E.2d 725 ABUSHMAIS et al. v. ERBY. No. A06A0972.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 2006. RECONSIDERATION DENIED OCTOBER 25, 2006. MIKELL, Judge. In this appeal, we reject appellants’ challenge to the superior court’s exercise of jurisdiction over an action transferred from magistrate court. The relevant facts follow. The underlying action began as […]

371 S.E.2d 207 DORSEY et al. v. THE STATE. 76174, 76175.Court of Appeals of Georgia. DECIDED JUNE 14, 1988. REHEARINGS DENIED JULY 7, 1988. SOGNIER, Judge. Appellants James Dorsey and Michael Dorsey were tried jointly, charged with trafficking in cocaine, possession of marijuana with intent to distribute, and possession of cocaine with intent to distribute. […]

576 S.E.2d 35 BYRD v. THE STATE. A02A2396.Court of Appeals of Georgia. DECIDED: DECEMBER 18, 2002 BLACKBURN, Chief Judge. Following his convictions by a jury of rape and false imprisonment, Joseph Byrd appeals, arguing that: (1) the evidence was insufficient to support his rape conviction; (2) he did not receive effective assistance of counsel; and […]

535 S.E.2d 524 WOODS v. THE STATE A00A0732.Court of Appeals of Georgia. DECIDED: JUNE 7, 2000 ELLINGTON, Judge. A Pike County jury convicted Steve Woods of two counts of child molestation, O.C.G.A. § 16-6-4 (a). The jury acquitted Woods of a third molestation charge. Woods appeals from the judgment of conviction. We affirm one of […]

67 S.E.2d 824 GARNER et al. v. WOLPORT. 33740.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1951. 1. “An amendment to a petition, made after the first term, does not open the petition to special demurrer where, if the petition was defective as contended, the defect was apparent before as well as after the amendment.” […]

158 S.E.2d 684 RENTFROW v. THE STATE. 43131.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1967. PER CURIAM. This appeal having been docketed on August 23, 1967, and the enumeration having been filed on October 4, 1967, the appeal must be dismissed for failure to file the enumeration within the time required by Rule 13 […]

11 S.E.2d 420 PILGRIM v. LANDHAM et al. 28481.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1940. 1. Relatively to a diagnosis by a doctor for discovering the nature of an ailment, the general rule of law is that a patient is entitled to a thorough and careful examination such as the condition of the […]

53 S.E.2d 120 JACKSON v. THE STATE. 32378.Court of Appeals of Georgia. DECIDED APRIL 21, 1949. Where in a petition for certiorari from an inferior court to a superior court, based solely on the general grounds, it appears that the evidence supports the verdict and no other error of law is assigned, the superior court […]

109 S.E.2d 318 LOWANCE v. DEMPSEY. 37629.Court of Appeals of Georgia. DECIDED MAY 8, 1959. REHEARING DENIED MAY 25, 1959. 1. A motion to dismiss the bill of exceptions should be disposed of before a ruling on the merits of the appeal. The motion to dismiss the bill of exceptions in this case on the […]

426 S.E.2d 914 BROOKS v. THE STATE. A92A2277.Court of Appeals of Georgia. DECIDED JANUARY 8, 1993. McMURRAY, Presiding Judge. Defendant was tried before a jury and convicted of violating Georgia’s Controlled Substances Act, i.e., defendant “did possess and have under his control and did sell, cocaine.” This appeal followed the denial of defendant’s motion for […]

18 S.E.2d 496 GARNER v. THE STATE. 29352.Court of Appeals of Georgia. DECIDED JANUARY 21, 1942. The denial of a new trial was not error. DECIDED JANUARY 21, 1942. Larceny of cattle; from Emanuel superior court — Judge Hardeman. September 17, 1941. J. R. Powell Jr., for plaintiff in error. W. H. Lanier, solicitor-general, contra. […]

662 S.E.2d 220 WALKER-CARTER v. THE STATE. No. A07A1006.Court of Appeals of Georgia. DECIDED MAY 2, 2008. MIKELL, Judge. After a bench trial, Annette Walker-Carter was convicted of criminal trespass and received a misdemeanor sentence of 12 months, all of which was to be served on supervised probation. Walker-Carter’s appellate brief, which was filed pro […]

687 S.E.2d 271 BRUNSWICK LANDING, LLC v. GLYNN COUNTY. No. A09A1157.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 2009. ADAMS, Judge. Brunswick Landing, LLC (the “Landing”) appeals the trial court’s order authorizing Glynn County (the “County”) to condemn certain of the Landing’s property located within the City of Brunswick (the “City”) for the purpose of […]

663 S.E.2d 299 GILBERT v. THE STATE. No. A08A0565.Court of Appeals of Georgia. DECIDED JUNE 16, 2008. ADAMS, Judge. John Gilbert, Jr., appeals after a jury convicted him of burglary, assault with intent to rape, aggravated assault, kidnapping with bodily injury and obstruction. We affirm. On appeal, this Court neither weighs the evidence nor decides […]

186 S.E.2d 552 NEAL v. INSURANCE COMPANY OF NORTH AMERICA et al. 46470.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 8, 1971. DECIDED NOVEMBER 17, 1971. REHEARING DENIED DECEMBER 8, 1971. BELL, Chief Judge. The State Board of Workmen’s Compensation, when reviewing a deputy director’s findings of fact and his award, where no additional evidence is received, […]

553 S.E.2d 335 VAUGHAN v. THE STATE. A01A1398.Court of Appeals of Georgia. DECIDED: AUGUST 1, 2001 ELDRIDGE, Judge. A Cobb County jury found Danny James Vaughan guilty of sale of cocaine, which charge arose when Vaughan and two companions sold such drug to undercover narcotics agents outside a boarding house located at 96 Rigby Drive, […]

331 S.E.2d 625 BROWNING v. THE STATE. 70021.Court of Appeals of Georgia. DECIDED MAY 14, 1985. McMURRAY, Presiding Judge. Via indictment, defendant was charged with one count of forgery in the first degree and two counts of forgery in the second degree. The jury found defendant guilty of the count of forgery in the first […]

420 S.E.2d 94 LOWMAN v. THE STATE. A92A0522.Court of Appeals of Georgia. DECIDED JUNE 24, 1992. BIRDSONG, Presiding Judge. We granted this interlocutory appeal of the trial court’s order denying Ranell Lowman’s plea in bar based upon the running of the four-year period of limitations. This appeal arises from the same underlying facts as State […]

108 S.E.2d 884 HOOD v. LIFE CASUALTY INSURANCE COMPANY OF NASHVILLE, TENNESSEE. 37592.Court of Appeals of Georgia. DECIDED APRIL 7, 1959. CARLISLE, Judge. 1. Where the evidence showed that the deceased was seated in the kitchen of a neighbor’s house conversing with the neighbor and that someone came to the front door of the house […]

658 S.E.2d 248 McDANIEL v. THE STATE. No. A07A2391.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 2008. JOHNSON, Presiding Judge. A Gwinnett County jury found John McDaniel guilty of three counts of burglary and two counts of theft by taking. The trial court sentenced McDaniel to serve a total of twelve years in confinement and […]

536 S.E.2d 165 COROUTHERS v. JOHN DOE. A00A0830.Court of Appeals of Georgia. DECIDED: JUNE 13, 2000 ANDREWS, Presiding Judge. Linda Corouthers brought a John Doe action to recover for personal injuries sustained when she walked into an object allegedly protruding from the back of a parked truck. After determining that her insurance policy did not […]

20 S.E.2d 47 DEPARTMENT OF REVENUE v. BOYKIN. 29388.Court of Appeals of Georgia. DECIDED APRIL 21, 1942. 1. The overruling of the demurrers, general and special, to the affidavit of illegality was not error. 2. The assignments of error on the refusal of the court to suspend the trial of the case, and on its […]

259 S.E.2d 742 HUGGINS et al. v. AETNA CASUALTY SURETY COMPANY et al. 57998.Court of Appeals of Georgia.ARGUED MAY 30, 1979. DECIDED SEPTEMBER 18, 1979. SHULMAN, Judge. Plaintiff-employee and his wife brought suit against defendants-Aetna Casualty Surety Co. and Standard Fire Insurance Co. (the insurers of plaintiff’s employer), alleging that defendants’ negligent inspection of the […]

407 S.E.2d 110 SILVA v. SMALLS et al. A91A0586.Court of Appeals of Georgia. DECIDED JUNE 24, 1991. SOGNIER, Chief Judge. Richard Silva brought suit against Anthony Smalls, Crescent Express, Inc., and American Casualty Company, as the driver, owner, and insurer, respectively, of a tractor trailer truck that ran over him. The jury returned a verdict […]

613 S.E.2d 651 OWENS et al. v. GENERAL MOTORS CORPORATION. A04A2117.Court of Appeals of Georgia. DECIDED MARCH 17, 2005. RECONSIDERATION DENIED APRIL 14, 2005. BARNES, Judge. James Owens sued Paul Edward Nelkie and General Motors Corporation (“GM”) after Owens wrecked his GM truck, alleging that Nelkie’s negligence caused the wreck and GM’s defective seat belt […]

302 S.E.2d 596 CALDWELL v. AMOCO FABRICS COMPANY et al. 65235.Court of Appeals of Georgia. DECIDED MARCH 8, 1983. SOGNIER, Judge. Ophelia Warren’s application for unemployment benefits was granted by a claims examiner of the Georgia Department of Labor, Employment Security Agency, affirmed by an administrative hearing officer and the Board of Review, and thereafter […]

102 S.E.2d 503 GREESON v. THE STATE (two cases). 37033, 37034.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1958. The evidence authorized the verdict and since none of the special grounds shows error, the trial court did not err in denying the motion for new trial. DECIDED FEBRUARY 27, 1958. Possessing illegal whisky. Selling illegal […]

26 S.E.2d 722 NIXON et al. v. NIXON. 29952.Court of Appeals of Georgia. DECIDED JULY 15, 1943. 1. An application for a year’s support under the Code, § 113-1002, is a suit as contemplated by Code, § 3-704, which prescribes a limitation of twenty years for the bringing of suits there referred to. 2. A […]

570 S.E.2d 607 HARRELL v. THE STATE. A02A1720.Court of Appeals of Georgia. DECIDED: AUGUST 23, 2002 JOHNSON, Presiding Judge. A jury found Chevy Harrell guilty of driving under the influence of drugs and alcohol to the extent that it was less safe to drive, driving under the influence of cocaine, and driving with a suspended […]

71 S.E.2d 687 BRETT v. THIELE KAOLIN COMPANY et al. 34052.Court of Appeals of Georgia. DECIDED JULY 3, 1952. REHEARING DENIED JULY 14, 1952. CARLISLE, J. 1. Where the owner of a truck hired it, together with his driver, to a corporation at an hourly rate of compensation, for use in hauling soil, notwithstanding the […]

439 S.E.2d 740 JOHN W. ROOKER ASSOCIATES, INC. v. WILEN MANUFACTURING COMPANY, INC. A93A1223.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1993. RECONSIDERATION DENIED DECEMBER 20, 1993. COOPER, Judge. Appellant-plaintiff John W. Rooker Associates, Inc. (Rooker) entered into a construction contract with appellee-defendant Wilen Manufacturing Company, Inc. (Wilen) for services to be performed in the […]