Category: Georgia Court of Appeals Opinions

342 S.E.2d 332 FIELDS v. THE STATE. 70954.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 1986. REHEARING DENIED MARCH 4, 1986. BENHAM, Judge. In the first count of a Fulton County indictment, appellant was charged with theft by receiving a diesel engine and a 13-speed truck transmission. The second count of that indictment charged him […]

243 S.E.2d 587 HILLEY et al. v. FINANCE AMERICA CORPORATION OF GEORGIA. 55227.Court of Appeals of Georgia.SUBMITTED JANUARY 30, 1978. DECIDED FEBRUARY 20, 1978. REHEARING DENIED MARCH 14, 1978. BELL, Chief Judge. Plaintiff Finance America Corp. brought this suit to recover the principal balance due on a note, plus attorney fees. The note and a […]

287 S.E.2d 779 HILL v. THE STATE. 63419.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1982. BANKE, Judge. The defendant was convicted of armed robbery. On appeal, his primary contention is that the trial court erred in denying his motion for continuance. Held: 1. A motion for continuance is addressed to the sound discretion of […]

11 S.E.2d 365 FIDELITY CASUALTY CO. et al. v. WICKER et al. 28442.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1940. 1. The motion to dismiss the writ of error is overruled. 2. The judge of the superior court erred in affirming the award of the Industrial Board granting compensation to the claimant. DECIDED OCTOBER […]

386 S.E.2d 712 EVANS et al. v. THE STATE. A89A1506.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1989. BANKE, Presiding Judge. The appellants, Randall G. and Stevie D. Evans, were jointly tried and convicted of burglary and were sentenced as recidivists to 20 years’ imprisonment. They appeal from the denial of their joint motion for […]

704 S.E.2d 434 HURT v. THE STATE. No. A10A2229.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 2010. RECONSIDERATION DENIED DECEMBER 6, 2010. JOHNSON, Judge. After a bench trial, Rico Hurt was found guilty of operating a motor vehicle while having an unlawful blood alcohol level.[1] Hurt appeals, claiming that the trial court erred in denying […]

665 S.E.2d 353 SAWHILL v. THE STATE. No. A08A0773.Court of Appeals of Georgia. Decided June 18, 2008. Reconsideration Denied July 3, 2008. JOHNSON, Presiding Judge. A Floyd County jury found John Sawhill guilty of the unauthorized practice of law, and he was given a 12-month sentence consisting of six months in confinement and six months […]

357 S.E.2d 276 GLOBE LIFE ACCIDENT INSURANCE COMPANY v. OGDEN. 73864.Court of Appeals of Georgia. DECIDED APRIL 23, 1987. REHEARING DENIED MAY 5, 1987. BENHAM, Judge. Appellant Globe Life Accident Insurance Company, through its sales agent and field representative Donnie Wages, sold a health and hospitalization insurance policy to appellee Cathleen Ogden. The policy went […]

631 S.E.2d 446 HILL v. THE STATE. A06A0755.Court of Appeals of Georgia. DECIDED MAY 15, 2006. ELLINGTON, Judge. A Bulloch County jury found Travis E. Hill guilty of armed robbery, OCGA § 16-8-41 (a), based upon evidence which showed that Hill assisted a minor in robbing a convenience store clerk at gun point.[1] Hill appeals […]

252 S.E.2d 19 JONES v. ATLANTA HOUSING AUTHORITY. 56650.Court of Appeals of Georgia.SUBMITTED OCTOBER 16, 1978. DECIDED JANUARY 5, 1979. McMURRAY, Judge. This is an action on a dispossessory warrant. Defendant Jones leased a dwelling unit from plaintiff, “The Housing Authority of the City of Atlanta, Georgia.” On March 18, 1977, plaintiff advised defendant of […]

243 S.E.2d 577 LEXINGTON DEVELOPERS, INC. v. O’NEAL CONSTRUCTION COMPANY, INC. 53677.Court of Appeals of Georgia.SUBMITTED APRIL 11, 1977. DECIDED FEBRUARY 16, 1978. REHEARING DENIED MARCH 16, 1978. QUILLIAN, Presiding Judge. The prior holding of this court in this case, 142 Ga. App. 434 (236 S.E.2d 98), was reversed on certiorari by the Supreme Court […]

315 S.E.2d 294 VETERANS OF FOREIGN WARS, POST NO. 665 v. SWEET. 67326.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1984. SOGNIER, Judge. Eleanor Sweet sued the Veterans of Foreign Wars, Post 665 (VFW) to recover damages for injuries sustained when she fell over a coat rack in the VFW’s hallway. Sweet alleged the VFW […]

97 S.E.2d 588 BRASWELL v. HODGES. 36517.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1957. FELTON, C. J. 1. The plaintiff in error excepts to the overruling of his special demurrers and to the verdict and judgment for the plaintiff on the grounds that the verdict, and the judgment thereon, were erroneous because of the […]

427 S.E.2d 515 CAMPBELL v. COZAD et al. A92A1816.Court of Appeals of Georgia. DECIDED JANUARY 13, 1993. RECONSIDERATION DENIED JANUARY 29, 1993. BIRDSONG, Presiding Judge. Appellant/plaintiff Jeffery Ray Campbell brought suit against appellees/defendants Margaret Elizabeth Cozad and John Warren Cozad for damages arising from an automobile collision at an intersection. This appeal is from the […]

647 S.E.2d 374 MAXWELL v. THE STATE. No. A07A0288.Court of Appeals of Georgia. DECIDED JUNE 5, 2007. MIKELL, Judge. An Elbert County jury convicted Willie Ralph Maxwell of two counts of burglary, and the trial court sentenced him to twenty years, ten to serve and ten on probation. On appeal from the denial of his […]

441 S.E.2d 444 HUNTINGTON v. FISHMAN. A93A1795.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1994. SMITH, Judge. Michael G. Huntington brought suit against his former attorney, Jeffrey M. Fishman, for professional malpractice related to Fishman’s handling of a personal injury action in which Huntington was the plaintiff. The trial court granted Fishman’s motion for summary […]

240 S.E.2d 258 BUCKLEY et al. v. THORNWELL. 54358.Court of Appeals of Georgia.ARGUED SEPTEMBER 19, 1977. DECIDED OCTOBER 12, 1977. REHEARING DENIED NOVEMBER 7, 1977. BELL, Chief Judge. On motion of plaintiff, the defendants’ answer was stricken and a default judgment entered for plaintiff as a sanction for failure to make discovery under CPA § […]

377 S.E.2d 893 IN THE INTEREST OF A. M. Y. 77513.Court of Appeals of Georgia. DECIDED JANUARY 9, 1989. REHEARING DENIED JANUARY 19, 1989. McMURRAY, Presiding Judge. Petitioner filed a petition to adopt A. M. Y., a minor child, and alleged that the child’s biological mother “voluntarily and in writing” placed A. M. Y. with […]

643 S.E.2d 553 SIMALTON v. AIU INSURANCE COMPANY. No. A06A1878.Court of Appeals of Georgia. DECIDED MARCH 13, 2007. MILLER, Judge. AIU Insurance Company (“AIU”) brought this action, seeking a declaratory judgment as to its rights and obligations under an automobile policy insuring James Welch (“Welch”). Mary Simalton appeals from the trial court’s grant of summary […]

447 S.E.2d 698 LOVE v. THE STATE. A94A1864.Court of Appeals of Georgia. DECIDED AUGUST 1, 1994. McMURRAY, Presiding Judge. Defendant Love appeals his conviction of a violation of the Georgia Controlled Substances Act, possession of cocaine with intent to distribute. Held: 1. Defendant maintains that he was denied effective assistance of trial counsel when trial […]

249 S.E.2d 146 SOUDER v. THE STATE. 56291.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1978. DECIDED OCTOBER 5, 1978. SMITH, Judge. This appeal from a conviction for theft by receiving stolen property addresses only the trial court’s denial of appellant’s motion to suppress incriminatory evidence found in the appellant’s home. Testimony from four police officers […]

257 S.E.2d 35 McBURROUGH v. DEPARTMENT OF HUMAN RESOURCES. 57533.Court of Appeals of Georgia.SUBMITTED APRIL 3, 1979. DECIDED MAY 29, 1979. McMURRAY, Presiding Judge. On November 16, 1978, a caseworker for the Lowndes County Department of Family Children Services brought a petition for temporary custody of three minor children alleging them to be deprived and […]

501 S.E.2d 615 BATEMAN v. FUTCH. A98A0911.Court of Appeals of Georgia. DECIDED APRIL 15, 1998. ELDRIDGE, Judge. Appellant James Robert Bateman appeals a Pierce County Superior Court judgment terminating his parental rights and allowing the adoption of his twelve-year-old biological son, J. R. B. We affirm. The standard of review for a decision terminating parental […]

273 S.E.2d 421 WALKER v. CLERK OF SUPERIOR COURT. 60397.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 15, 1980. DECIDED OCTOBER 8, 1980. QUILLIAN, Presiding Judge. Our examination of the record in the instant case reveals no basis for reversal. Judgment affirmed. Shulman and Carley, JJ., concur. SUBMITTED SEPTEMBER 15, 1980 — DECIDED OCTOBER 8, 1980. Action […]

428 S.E.2d 613 ADAMS v. THE STATE. A92A2254.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1993. POPE, Chief Judge. Appellant Norman Adams pled guilty to the offense of burglary on October 25, 1991 and received a five-year probated sentence. Approximately eight months later, his probation officer filed a petition seeking to revoke his probation because […]

187 S.E.2d 303 STATE HIGHWAY DEPARTMENT v. AMERICAN OIL COMPANY. 46596.Court of Appeals of Georgia.ARGUED OCTOBER 5, 1971. DECIDED JANUARY 6, 1972. HALL, Presiding Judge. Condemnor appeals from the judgment and from the denial of its motion for new trial in a proceeding under Code Ann. Ch. 36-13. 1. Condemnor contends the court erred in […]

284 S.E.2d 76 WHITE v. THE STATE. 62060.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1981. SHULMAN, Presiding Judge. Appellant was convicted of robbery. In his closing argument to the jury, the assistant district attorney made a passing reference to the fact that all the jury had heard from the defendant was the statement he […]

440 S.E.2d 682 MOORE v. ALLSTATE INSURANCE COMPANY. A93A2568.Court of Appeals of Georgia. DECIDED JANUARY 21, 1994. RECONSIDERATION DENIED FEBRUARY 4, 1994. ANDREWS, Judge. This case involves the interpretation of an automobile liability insurance exclusion arising from the following facts. On March 26, 1990, Forrest James Gay and appellant Moore were involved in a vehicular […]

115 S.E.2d 770 YOUNG et al. v. JOHN DEERE PLOW COMPANY. 38280.Court of Appeals of Georgia. DECIDED JULY 12, 1960. 1. Contracting parties may waive or renounce what the law has established in their favor provided such waiver or renunciation does not thereby injure others or affect the public interest. Accordingly, where the debtor in […]

495 S.E.2d 645 VICKERS v. BROXTON STATE BANK. A97A2220.Court of Appeals of Georgia. DECIDED JANUARY 14, 1998. POPE, Presiding Judge. Victor Vickers and his partner had a business checking account Page 171 with Broxton State Bank. The bank agreed to honor checks drawn on that account only when they bore the signatures of both Vickers […]

172 S.E.2d 860 THOMAS v. THE STATE. 45016.Court of Appeals of Georgia.SUBMITTED JANUARY 13, 1970. DECIDED JANUARY 30, 1970. HALL, Presiding Judge. This is an appeal from a finding of delinquency in the Juvenile Court of Fulton County. Appellant was a 13-year old girl when brought before the court on the petition of a police […]

299 S.E.2d 118 VOYAGER LIFE INSURANCE COMPANY v. ESTATE OF FRANK G. BAGLEY (two cases). 64737, 64738.Court of Appeals of Georgia. DECIDED JANUARY 5, 1983. REHEARING DENIED JANUARY 27, 1983. CARLEY, Judge. These two cases arose when the executor under the will of Frank G. Bagley, deceased, made claim for payment under two credit life […]

660 S.E.2d 732 THE STATE v. BALLEW et al. No. A07A1966.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 2008. RECONSIDERATION DENIED APRIL 4, 2008. ADAMS, Judge. The State appeals the grant of a motion to suppress filed by defendants William Thomas Ammons, Brandon James Sanford, and Kimberly Taylor arising out of a search made pursuant […]

291 S.E.2d 455 GUSTIN v. ROBERTS MORTGAGE INVESTMENT CORPORATION. 63952.Court of Appeals of Georgia. DECIDED MAY 20, 1982. BANKE, Judge. The plaintiff sued the defendant, a resident of Louisiana, on a contract and obtained a default judgment when the defendant failed to answer. The defendant moved to set aside the default judgment on the ground […]

29 S.E.2d 284 SLOAN v. POLK COUNTY. 30394.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1944. REHEARING DENIED MARCH 2, 1944. Under the facts and the law applicable thereto, the judge, trying the case without the intervention of a jury, erred in holding that the defendant was not chargeable with the amount claimed as State […]

119 S.E.2d 140 ALMON v. R. H. MACY COMPANY, INC. 38755.Court of Appeals of Georgia. DECIDED MARCH 16, 1961. TOWNSEND, Presiding Judge. 1. A plea of lis pendens on the ground that there was pending at the commencement of the action another suit in another court between the same parties and on the same cause […]

234 S.E.2d 402 COOK v. KRUGER et al. 53494.Court of Appeals of Georgia.SUBMITTED FEBRUARY 4, 1977. DECIDED MARCH 18, 1977. REHEARING DENIED MARCH 31, 1977. SHULMAN, Judge. This case was brought by appellant as a trover action in the Superior Court of Cherokee County in January, 1974. In August of that year, the case was […]

298 S.E.2d 264 MERRITT v. CITIZENS TRUST BANK. 64407.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1982. REHEARING DENIED DECEMBER 8, 1982. SOGNIER, Judge. Wesley Merritt, as donor and beneficiary of the Wesley Merritt Revocable Trust (Merritt Trust) filed a complaint against Citizens Trust Bank (Citizens Trust), in its individual corporate capacity and as trustee […]

283 S.E.2d 370 HELMLY v. GULF INSURANCE COMPANY. 62161.Court of Appeals of Georgia. DECIDED JULY 16, 1981. BANKE, Judge. The appellant was injured in an automobile accident, from which he allegedly incurred over $13,000 in medical expenses. He was insured by the appellee under a policy covering both his vehicle and his wife’s vehicle. The […]

65 S.E.2d 50 W. T. RAWLEIGH CO. v. OVERSTREET, et al. 33412.Court of Appeals of Georgia. DECIDED APRIL 20, 1951. REHEARING DENIED MAY 17, 1951. 1. The bill of exceptions is not dismissed. 2. Under the ruling of this court in Overstreet v. W. T. Rawleigh Co., 75 Ga. App. 483 (43 S.E.2d 774), the […]

610 S.E.2d 178 POWELL v. THE STATE. A04A2327.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 2005. MIKELL, Judge. Following a jury trial, Heather Powell was convicted of forgery in the first degree and sentenced to ten years, with one year to be served in confinement and the balance on probation. Powell appeals her sentence, arguing […]

19 S.E.2d 337 GEORGIA STAGES INCORPORATED v. MILLER. 29283.Court of Appeals of Georgia. DECIDED MARCH 18, 1942. 1. The court did not err in overruling the demurrers, general and special, to the petition as finally amended. 2. A new trial is required because of an erroneous charge which was prejudicial to the defendant’s cause. DECIDED […]

144 S.E.2d 196 GRIER v. TRAVELERS INSURANCE COMPANY et al. 41228.Court of Appeals of Georgia.SUBMITTED MARCH 3, 1965. DECIDED JUNE 8, 1965. REHEARING DENIED JULY 20 AND JULY 30, 1965. FRANKUM, Judge. 1. Where a bill of exceptions is certified by the successor in office to the judge who presided in the trial of the […]

327 S.E.2d 774 SMITH v. CORNETTE. 69314.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1985. POPE, Judge. Appellee Keith L. Cornette sustained injuries while in the course of his employment with Shane Escue and James Ragsdale who were subcontractors hired to do cornice and siding work by appellant Donald L. Smith. Smith is a general […]

345 S.E.2d 875 ALEXIE, INC. et al. v. OLD SOUTH BOTTLE SHOP CORPORATION. 71803.Court of Appeals of Georgia. DECIDED MAY 7, 1986. REHEARING DENIED MAY 23, 1986. SOGNIER, Judge. Old South Bottle Shop Corporation (OSBS) brought suit against Alexie, Inc., d/b/a The Old South Package Store, and Alexie, Inc.’s corporate officers, Nicholas Talias, Angela D. […]

550 S.E.2d 671 WASHINGTON v. CLARK et al. A01A0638.Court of Appeals of Georgia. DECIDED: JUNE 14, 2001 MILLER, Judge. This protracted medical malpractice action originated in events of November 1992 when plaintiff-appellant D’Arcy Washington was shot in the chest and shoulder during his attempt to burglarize a residence. Walton County emergency medical personnel responded and […]

687 S.E.2d 165 RIDDLE v. THE STATE. No. A09A0473.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 2009. DOYLE, Judge. Following a jury trial, Richard Riddle appeals from his conviction of influencing the winning of a lottery prize[1] (two counts), arguing that (1) the criminal statute proscribing the offense did not apply to his conduct, and […]

66 S.E.2d 396 OLDS v. THE STATE. 33581.Court of Appeals of Georgia. DECIDED JULY 16, 1951. 1. A special ground of the motion for new trial, assigning error upon the refusal of the trial judge to admit in evidence a certified copy of an order of Thomas Superior Court “padlocking,” subsequently to the homicide, the […]

637 S.E.2d 790 ANDERSON v. THE STATE. No. A06A2240.Court of Appeals of Georgia. DECIDED OCTOBER 23, 2006. BLACKBURN, Presiding Judge. Following a jury trial, John Darrell Anderson was convicted of one count each of aggravated child molestation,[1] attempted aggravated sodomy,[2] statutory rape,[3] kidnapping,[4] and enticing a child for indecent purposes.[5] He appeals his convictions and […]

50 S.E.2d 236 HENNON v. HARDIN. 32230.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1948. In this action by a gratuitous invited guest against the owner of the automobile in which the guest was riding when injured, the allegations of the petition presented a jury question as to whether the driver was guilty of gross […]

451 S.E.2d 534 MOORE v. THE STATE. A94A2722.Court of Appeals of Georgia. DECIDED DECEMBER 13, 1994. BIRDSONG, Presiding Judge. Gary Nathaniel Moore appeals his conviction of habitual felon and violation of the Georgia Controlled Substances Act by unlawfully selling cocaine. Held: 1. Appellant asserts the trial court erred by denying without a hearing appellant’s pretrial […]

166 S.E.2d 365 LONG v. THE STATE. 44125.Court of Appeals of Georgia.ARGUED JANUARY 13, 1969. DECIDED JANUARY 22, 1969. The trial court erred in denying the accused the right to be defended by counsel of his own selection. ARGUED JANUARY 13, 1969 — DECIDED JANUARY 22, 1969. Sodomy. Fulton Superior Court. Before Judge Wofford. The […]

496 S.E.2d 755 THE STATE v. BURKE. A97A1736.Court of Appeals of Georgia. DECIDED JANUARY 30, 1998. ANDREWS, Chief Judge. The State appeals from the trial court’s grant of the motion to suppress/in limine filed by Daniel Vincent Burke in this case. Burke was charged with driving under the influence;[1] driving with an unlawful drug present […]

117 S.E.2d 641 JOSEY v. THE STATE. 38508.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1960. REHEARING DENIED NOVEMBER 18, 1960. CARLISLE, Judge. 1. Where one seeks by a pleading in a criminal action to invoke a constitutional protection or guarantee, it is incumbent upon him to specify plainly and distinctly the particular constitutional provision […]

76 S.E.2d 662 CHARLES S. MARTIN DISTRIBUTING COMPANY v. SOUTHERN FURNACE COMPANY. 34685.Court of Appeals of Georgia. DECIDED JUNE 9, 1953. CARLISLE, J. On March 27, 1952, Charles S. Charles S. Martin Distributing Company, through its attorney at law, filed its affidavit and bond for garnishment in the Civil Court of Fulton County, based upon […]

282 S.E.2d 733 BERNARD v. THE STATE. 62043.Court of Appeals of Georgia. DECIDED JUNE 26, 1981. QUILLIAN, Chief Judge. Tried for murder of one person and aggravated assault of another, defendant appeals his conviction for aggravated assault Held: 1. Error is enumerated because it is alleged the trial court prevented defendant from conducting a thorough […]

167 S.E.2d 685 DAVIS et al. v. ROPER. 43941.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1968. DECIDED MARCH 26, 1969. QUILLIAN, Judge. Since this appeal was taken from the dismissal of a third-party complaint the following rule is applicable. “When more than one claim for relief is presented in an action, whether as a claim, […]

348 S.E.2d 486 COOPER v. THE STATE. 71755.Court of Appeals of Georgia. DECIDED JULY 15, 1986. REHEARING DENIED JULY 30, 1986. BEASLEY, Judge. The defendant appeals his conviction for aggravated sodomy (OCGA § 16-6-2 (a)) on a five-year-old child victim. 1. Hines v. State, 173 Ga. App. 657 (327 S.E.2d 786) (1985), held that the […]

168 S.E.2d 199 LUNDY v. THE STATE. 44410.Court of Appeals of Georgia.SUBMITTED APRIL 9, 1969. DECIDED APRIL 24, 1969. 1. The appellant is limited on his appeal to the grounds of objection which he properly presents in the trial court. Accordingly, where a defendant filed a plea in abatement to an indictment on specified grounds […]

324 S.E.2d 475 COLLINS v. COLLINS. 69057.Court of Appeals of Georgia. DECIDED OCTOBER 16, 1984. REHEARING DENIED NOVEMBER 27, 1984. DEEN, Presiding Judge. On February 26, 1981, the Cobb County Superior Court granted a decree of divorce for the appellee, David Collins, from Teresa Collins (now Moselander). The final judgment incorporated a settlement agreement entered […]

71 S.E.2d 884 SOUTHERN MOTORS OF SAVANNAH INC. v. KRIEGER. 34065.Court of Appeals of Georgia. DECIDED JULY 11, 1952. REHEARING DENIED JULY 21, 1952. 1. The plaintiff here, upon learning that his wife had without authority entered into a contract with the defendant, by the terms of which she exchanged the plaintiff’s automobile to the […]

107 S.E.2d 669 ROBERSON et al. v. FIRST NATIONAL BANK OF ATLANTA et al. 37464.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1959. 1. Assignment of error in a ground of a motion for new trial is not an appropriate method of invoking rulings on pleadings. 2, 3, 4. Grounds of a motion for new […]

688 S.E.2d 658 ALTA REFRIGERATION, INC. v. AMERICOLD LOGISTICS, LLC; and vice versa. Nos. A09A2368, A09A2369.Court of Appeals of Georgia. DECIDED DECEMBER 17, 2009. BLACKBURN, Presiding Judge. This case arises out of an explosion and fire at a cold storage warehouse facility owned and operated by AmeriCold Logistics, LLC (“AmeriCold”). The explosion and fire, in […]

469 S.E.2d 360 GEORGE v. THE STATE A95A2532Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1996 SMITH, Judge. Roy Lee George was convicted of involuntary manslaughter and aggravated child molestation. His motion for new trial was denied, and he appeals. George raises the general grounds that the verdict was contrary to the law and evidence […]

160 S.E.2d 203 MONROE v. CITIZENS SOUTHERN NATIONAL BANK, Administrator. 43386.Court of Appeals of Georgia.ARGUED JANUARY 12, 1968. DECIDED FEBRUARY 2, 1968. REHEARING DENIED FEBRUARY 22, 1968. HALL, Judge. The defendant appeals from a judgment for the plaintiff in an action on a note. 1. In support of her defense the defendant testified and introduced […]

519 S.E.2d 3 RENFROE v. ARRINGTON; and vice versa. A99A0154, A99A0155.Court of Appeals of Georgia. DECIDED: MAY 24, 1999. SMITH, Judge. Joann Renfroe filed a complaint alleging dental malpractice against Ronnie Arrington. The trial court granted summary judgment to Arrington on two of the three counts and denied summary judgment on the remaining count. These […]

347 S.E.2d 306 CAREY HILLIARD’S RESTAURANTS, INC. et al. v. CESARONI. 72112.Court of Appeals of Georgia. DECIDED JUNE 20, 1986. REHEARING DENIED JULY 7, 1986. BENHAM, Judge. In this workers’ compensation case, the full board determined that appellee had suffered a new injury and that his former employer, one of the appellants here, was not […]

231 S.E.2d 814 CRITERION INSURANCE COMPANY v. HORTON et al. 52828.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1976. DECIDED NOVEMBER 10, 1976. REHEARING DENIED DECEMBER 14, 1976. STOLZ, Judge. This is the second appearance of this case before this court. For a statement of the background of the case, see Ga. Mut. Ins. Co. v. […]

298 S.E.2d 626 GRIER v. THE STATE. 64705.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1982. SOGNIER, Judge. Grier was convicted of aggravated assault and appeals on the general grounds. On the night of July 24, 1981 Helen Weaver fell asleep on her bed. She woke up on the floor with the defendant on top […]

335 S.E.2d 672 HODGES v. HARTFORD CASUALTY INSURANCE COMPANY. 70450.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1985. REHEARING DENIED OCTOBER 2, 1985. CARLEY, Judge. Appellant was insured under an automobile policy issued by appellee. The policy, which was issued in 1973, provided for basic personal injury protection (PIP) benefits of $5,000. In 1974, appellant […]

205 S.E.2d 26 HAGAN et al. v. TECH REALTY COMPANY, INC. et al. 49048.Court of Appeals of Georgia.SUBMITTED FEBRUARY 6, 1974. DECIDED FEBRUARY 26, 1974. EBERHARDT, Presiding Judge. In the present posture of this case, this court is unable to find or to hold that plaintiffs have carried their burden of establishing that there is […]

592 S.E.2d 141 STINSON, v. THE STATE. A03A2554Court of Appeals of Georgia. DECIDED: NOVEMBER 26, 2003 BLACKBURN, Presiding Judge. Following the trial court’s denial of his motion to withdraw his guilty plea, Timothy Stinson appeals, contending that, although he signed a Drug Court Contract obligating him to undergo drug rehabilitation, he nonetheless retained the ability […]

279 S.E.2d 724 SWISH MANUFACTURING SOUTHEAST, INC. v. WILKIE. 61596.Court of Appeals of Georgia. DECIDED APRIL 9, 1981. QUILLIAN, Chief Judge. The principal issue raised by this appeal is whether the trial judge correctly denied the defendant’s motion to set aside a judgment entered in favor of the plaintiff. In making his determination the trial […]

112 S.E.2d 306 LAND v. STATE OF GEORGIA. 38112.Court of Appeals of Georgia. DECIDED DECEMBER 16, 1959. NICHOLS, Judge. On December 10, 1959, there was filed in this court an application for supersedeas of a judgment of the Juvenile Court of Elbert County, which judgment committed David Land to a State Training School. A rule […]

531 S.E.2d 187 FUGARINO v. THE STATE. A99A1781.Court of Appeals of Georgia. DECIDED: MARCH 14, 2000. ELLINGTON, Judge. Sam Emile Fugarino was convicted by a jury of computer trespass, OCGA § 16-9-93 (b), for using a computer owned by the company with the intention of deleting or removing data from that computer without authority. Fugarino […]

366 S.E.2d 376 WACO FIRE CASUALTY INSURANCE COMPANY et al. v. ROBERSON. 75289.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1988. McMURRAY, Presiding Judge. The tort action was filed on behalf of Richard R. Roberson by his wife and next friend Bessie G. Roberson. The complaint alleged that plaintiff Richard R. Roberson was injured when […]

614 S.E.2d 830 WYNNS v. WHITE et al. A05A0659.Court of Appeals of Georgia. DECIDED MAY 9, 2005. MILLER, Judge. Chris Wynns appeals from the trial court’s grant of partial summary judgment to Richard White and Bill Miles on his complaint for declaratory judgment, trespass, injunctive relief, and damages. Wynns argues that the trial court erred […]

180 S.E.2d 262 ADAMS v. THE STATE. PAYNE v. THE STATE. NORMAN v. THE STATE. 45881, 45882, 45883.Court of Appeals of Georgia.ARGUED JANUARY 8, 1971. DECIDED JANUARY 22, 1971. JORDAN, Presiding Judge. The appellants were arrested at an apartment rented by them in Clarke County, Ga., after a search of the apartment under a search […]

664 S.E.2d 836 OLIVERES v. THE STATE. No. A08A0695.Court of Appeals of Georgia. Decided July 3, 2008. MIKELL, Judge. Efrain Oliveres was indicted by a Fayette County grand jury for two counts of trafficking in cocaine. He was convicted of one count and sentenced to forty years in confinement and fined $1,000,000. Oliveres appeals the […]

72 S.E.2d 568 CARLISLE v. GENERAL TIRE SERVICE CO. 34215.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1952. The evidence, construed in its light most favorable to support the verdict, is sufficient to authorize the finding that there was an oral contract between the parties to this suit on which recovery is here sought and […]

287 S.E.2d 757 THE STATE v. SHUMAN; and vice versa. 62745, 62919.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1982. SHULMAN, Presiding Judge. In one indictment appellee/cross-appellant Shuman was charged with possession and sale of controlled substances on October Page 305 2, 1979, and recidivism. A second indictment charged Shuman with possession of marijuana and […]

434 S.E.2d 153 McCHARGUE v. THE STATE. A93A0755.Court of Appeals of Georgia. DECIDED JULY 16, 1993. COOPER, Judge. Appellant was convicted by a jury of theft by taking and appeals from the judgment entered on the verdict. The evidence reflects that on June 24, 1992, the victim went to his boat shed to get his […]

417 S.E.2d 739 PATEL et al. v. ALPHA INVESTMENT PROPERTIES, INC. et al. A91A1831.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1992. RECONSIDERATION DENIED APRIL 1, 1992. BEASLEY, Judge. Plaintiffs Sumanbhai Naranbhai Patel and Sharadkumar Sumanbhai Patel appeal the grant of partial summary judgment to defendants Alpha Investment Properties, Inc. (formerly J. A. Patel Group, […]

212 S.E.2d 27 McGILL v. ALLIS-CHALMERS CREDIT CORPORATION. 49941.Court of Appeals of Georgia.SUBMITTED NOVEMBER 4, 1974. DECIDED JANUARY 7, 1975. CLARK, Judge. This marks the second time these parties have appeared in our court prior to trial. On the first occasion, in Allis-Chalmers Credit Corp. v. McGill, 130 Ga. App. 39 (202 S.E.2d 270), we […]

234 S.E.2d 824 COPPAGE v. MELLON BANK. 53657.Court of Appeals of Georgia.SUBMITTED APRIL 4, 1977. DECIDED APRIL 14, 1977. BELL, Chief Judge. Plaintiff brought this suit to foreclose a security interest in defendant’s mobile home. Plaintiff alleged that defendant was in default on a retail installment contract for the mobile home and that recovery was […]

616 S.E.2d 123 HARRISON et al. v. PLANT IMPROVEMENT COMPANY, INC. A05A0562.Court of Appeals of Georgia. DECIDED JUNE 9, 2005. RECONSIDERATION DENIED JUNE 23, 2005. BARNES, Judge. Penny Harrison sued Plant Improvement Company, Inc., individually, as next friend of her three children, and as administratrix of her husband’s estate. Harrison contended that the company was […]

368 S.E.2d 802 YARBROUGH v. THE STATE. 75968.Court of Appeals of Georgia. DECIDED APRIL 14, 1988. BIRDSONG, Chief Judge. Jessie Lee Yarbrough, the appellant, brings this appeal from his conviction of two counts of kidnapping, one count of aggravated battery by maliciously causing bodily harm to Melvin Turney with a knife, thereby causing the loss […]

157 S.E.2d 166 WILLIAMS v. NORTHSIDE REALTY ASSOCIATES, INC. et al. 42874.Court of Appeals of Georgia.ARGUED JUNE 8, 1967. DECIDED SEPTEMBER 5, 1967. Where the petition was brought on a breach of contract of sale by a real estate brokerage firm for failing to turn over to the seller the overage of earnest money paid […]

417 S.E.2d 713 HAMILTON v. DELOITTE, HASKINS SELLS et al. A91A2226.Court of Appeals of Georgia. DECIDED MARCH 19, 1992. RECONSIDERATION DENIED APRIL 1, 1992. COOPER, Judge. Appellant appeals the trial court’s grant of summary judgment to appellees. Between July 15, 1987, and August 20, 1987, appellant purchased 45,000 shares of stock in Ocilla Industries, Inc. […]

127 S.E.2d 382 SIMS v. THE STATE. 39593.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1962. NICHOLS, Presiding Judge. The defendant, after pleading not guilty, waived jury trial and was tried and convicted by the court for the offense of burglary. A motion for new trial, on the usual general grounds only, was overruled and […]

34 S.E.2d 634 HARDWARE MUTUAL CASUALTY CO. et al. v. WILSON; and vice versa. 30748, 30749.Court of Appeals of Georgia. DECIDED MAY 29, 1945. REHEARING DENIED JUNE 21, 1945. Where, on application of the claimant, the State Board of Workmen’s Compensation, under the Code, § 114-709, makes an award finding a change in the claimant’s […]

241 S.E.2d 596 JIM ELLIS VOLKSWAGEN, INC. v. MILLICAN. 54681.Court of Appeals of Georgia.SUBMITTED OCTOBER 12, 1977. DECIDED JANUARY 5, 1978. BANKE, Judge. This suit was brought by the appellant for breach of a contract for the sale of an automobile. The trial court heard the case sitting without a jury and rendered a verdict […]

262 S.E.2d 898 CARTER v. THE STATE. 58823.Court of Appeals of Georgia.SUBMITTED OCTOBER 30, 1979. DECIDED NOVEMBER 14, 1979. BANKE, Judge. The appellant was convicted of unlawfully entering an automobile and was sentenced to five years’ imprisonment. On appeal, his sole contention is that the evidence did not authorize the verdict. Held: We find the […]

441 S.E.2d 87 LANIER et al. v. STATE OF GEORGIA. A93A1827.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1994. COOPER, Judge. Appellants appeal from an order of forfeiture condemning a 1989 Dodge pickup seized under the Georgia Controlled Substances Act. As their sole enumeration of error, appellants raise the general grounds. The evidence adduced at […]

238 S.E.2d 582 MINOR v. THE STATE. 54498.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 15, 1977. DECIDED OCTOBER 11, 1977. SHULMAN, Judge. Defendant was tried and convicted for the sale of narcotics. He enumerates error to this court on the general grounds and on the overruling of his motion for a new trial based upon allegedly […]

392 S.E.2d 275 MIZE v. CLEVELAND EXPRESS et al. A89A2100.Court of Appeals of Georgia. DECIDED MARCH 5, 1990. REHEARING DENIED MARCH 22, 1990. COOPER, Judge. Appellant, who was receiving workers’ compensation benefits for a temporary total disability, was adjudicated guilty of a felony and received a twenty-three year prison sentence. After appellant’s incarceration, the appellee […]

224 S.E.2d 757 WORKMAN v. THE STATE. 51455.Court of Appeals of Georgia.SUBMITTED OCTOBER 30, 1975. DECIDED JANUARY 22, 1976. REHEARING DENIED FEBRUARY 19, 1976. STOLZ, Judge. The defendant appeals from his conviction of burglary. 1. The corpus delicti was established by evidence that the resident of the burglarized premises had resided there on and before […]

382 S.E.2d 669 THE STATE v. McINTYRE. A89A0123.Court of Appeals of Georgia. DECIDED MAY 16, 1989. SOGNIER, Judge. The State appeals from the trial court’s order granting the motion of Clarence McIntyre, Jr. for return of property pursuant to OCGA § 17-5-30. The State contends this appeal is authorized by OCGA § 5-7-1 (3) as […]