Category: Georgia Court of Appeals Opinions

512 S.E.2d 347 MUNOZ v. AMERICAN LAWYER MEDIA, L.P. (two cases). A98A2350, A98A2351.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1999 — CERT. APPLIED FOR. JOHNSON, Chief Judge. In Case No. A98A2350, Danielle Munoz appeals from the order granting summary judgment to American Lawyer Media, L.P., d/b/a Fulton County Daily Report (“the Daily Report”), from […]

468 S.E.2d 771 SAULS v. THE STATE. Motions Docket No. 218.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1996. BLACKBURN, Judge. At 8:50 a.m., today, February 7, 1996, movant filed his Emergency Motion for Stay of Grand Jury Proceedings pursuant to Georgia Court of Appeals Rule 40 (erroneously cited as Rule 41), seeking to stay […]

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 […]

671 S.E.2d 283 SOUTHERN TELECOM, INC. v. LEVEL 3 COMMUNICATIONS, LLC et al.; and vice versa. Nos. A08A2112, A08A2113.Court of Appeals of Georgia. DECIDED DECEMBER 15, 2008. ANDREWS, Judge. In response to a complaint filed by Southern Telecom, Inc. concerning two seven-year-old contracts, Level 3 Communications, LLC and Progress Telecom, LLC (“the defendants”) moved to […]

94 S.E.2d 739 NEWTON v. CANDACE, INC. 36278.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1956. QUILLIAN, J. 1. Like other masters, a hotel proprietor or innkeeper is liable for the torts of his servant committed in the performance of the duties the servant is employed to discharge and that could be reasonably expected of […]

401 S.E.2d 77 MADDUX v. THE STATE. A90A2271.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1990. DEEN, Presiding Judge. Appellant was arrested in the summer of 1986 and charged with murder in the shooting of a man who was reportedly having an affair with his wife. He initially pled guilty to voluntary manslaughter and was […]

575 S.E.2d 747 BURNETT v. REEVES. A02A2089.Court of Appeals of Georgia. DECIDED: DECEMBER 13, 2002 JOHNSON, Presiding Judge. This case involves a dispute between a landlord, Curtis Reeves, and a tenant, Pattie Burnett, over a lease with an option to purchase. Burnett appeals from the judgment entered upon the jury’s award of $19,160 to Reeves, […]

153 S.E.2d 577 BARRON, Executrix v. EVANS. 42474.Court of Appeals of Georgia.ARGUED JANUARY 3, 1967. DECIDED JANUARY 20, 1967. The verdict and judgment in favor of the plaintiff were not authorized by the evidence; therefore the court erred in its judgments denying the motions for a directed verdict and a judgment n.o.v. ARGUED JANUARY 3, […]

296 S.E.2d 398 CHADWICK v. THE STATE. 64855.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1982. McMURRAY, Presiding Judge. The state’s evidence in this case was that a police officer was directing traffic during and after graduation exercises in front of a county high school. The defendant, driving drunk, nearly ran down the officer before […]

345 S.E.2d 639 POULNOTT et al. v. SURGICAL ASSOCIATES OF WARNER ROBINS, P. C. et al. 72067.Court of Appeals of Georgia. DECIDED MAY 7, 1986. REHEARING DENIED MAY 21, 1986. SOGNIER, Judge. Robert Poulnott and Hazel Poulnott brought suit for medical malpractice and loss of consortium against Surgical Associates of Warner Robins, P. C., Radiology […]

395 S.E.2d 611 SUPERIOR INSURANCE COMPANY v. BROWNE. A90A0463, A90A0464.Court of Appeals of Georgia. DECIDED JUNE 20, 1990. REHEARING DENIED JULY 2, 1990. CARLEY, Chief Judge. On February 10, 1986, appellee-plaintiff became an at-will employee of appellant. As a “new employee” under the provisions of the handbook for appellant’s employees, appellee earned several days of […]

21 S.E.2d 316 ELLIS v. THE STATE. 29625.Court of Appeals of Georgia. DECIDED JULY 1, 1942. REHEARING DENIED JULY 24, 1942. 1. Several offenses committed by the same person may be included in the same indictment, in different counts, where they are of the same general nature and belong to the same family group, where […]

249 S.E.2d 690 CANADY v. THE STATE. 56533.Court of Appeals of Georgia.ARGUED SEPTEMBER 20, 1978. DECIDED OCTOBER 18, 1978. BIRDSONG, Judge. Canady appeals his conviction, by a jury, of rape. Held: 1. “As to the general grounds, this court is bound by the `any evidence’ rule and must accept the state’s version of the evidence, […]

203 S.E.2d 567 STRICKLAND v. DORAN. 48150.Court of Appeals of Georgia.ARGUED MAY 7, 1973. DECIDED NOVEMBER 13, 1973. REHEARING DENIED DECEMBER 6, 1973. EVANS, Judge. Mrs. Margie Strickland, plaintiff, filed suit against P. J. Doran, defendant, because defendant drove his car into and over the body of Larry Strickland and killed him. The lower court […]

198 S.E.2d 713 PILCHER v. WISE ELECTRIC COMPANY, INC. et al. 47927.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1973. DECIDED APRIL 16, 1973. REHEARING DENIED MAY 14, 1973. QUILLIAN, Judge. P. J. Wise, President and Owner of Wise Electric Company, dispatched two of his employees to the Scott Bedding Company Building. The purpose of their […]

112 S.E.2d 194 PUBLIC NATIONAL INSURANCE COMPANY v. WHEAT; and vice versa. 37916, 37929.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1959. 1. This is an action ex contractu within the jurisdiction of the Civil Court of Fulton County. 2. The allegations of the petition as to the giving of notice by the insured under […]

627 S.E.2d 128 RYAN v. THE STATE. A05A1587.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 2006. ADAMS, Judge. Frank Ivan Ryan appeals following his conviction by a jury of a number of criminal charges including possession with intent to distribute methamphetamine and marijuana, fleeing to elude a police officer, possession of tools used in the […]

486 S.E.2d 44 OXLEY v. KILPATRICK et al. A96A2167.Court of Appeals of Georgia. DECIDED MARCH 12, 1997 — RECONSIDERATION DENIED APRIL 1, 1997 — CERT. APPLIED FOR. BEASLEY, Judge. Mrs. Oxley, as parent and next friend of her son Ben, brought this medical malpractice action against Dr. Kilpatrick, Women’s Medical Center, Inc., and Dr. Rossi. […]

387 S.E.2d 351 FREEMAN v. VAN DYKE. A89A0951.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1989. REHEARING DENIED OCTOBER 16, 1989. CARLEY, Chief Judge. Appellant-plaintiff filed suit, alleging a medical malpractice claim against appellee-defendant physician. Appellee answered and subsequently moved to dismiss for appellant’s failure to file an expert’s affidavit with the complaint. The trial […]

382 S.E.2d 675 LISLE v. BANK OF LOGANVILLE. A89A0753.Court of Appeals of Georgia. DECIDED MAY 16, 1989. REHEARING DENIED MAY 30, 1989. SOGNIER, Judge. The Bank of Loganville brought suit against F. W. Lisle to recover the balance due on a note executed by the Loganville Factory Outlet (LFO) and allegedly personally guaranteed by Lisle. […]

706 S.E.2d 676 McGARITY v. HART ELECTRIC MEMBERSHIP CORPORATION. No. A10A2069.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 2011. PHIPPS, Presiding Judge. Steve McGarity was injured when he made contact with a live electrical wire while visiting real property that was being advertised for sale. McGarity filed a personal injury action against Hart Electric Membership […]

377 S.E.2d 19 CLARK v. SOUTHEAST ATLANTIC CORPORATION et al. 77918.Court of Appeals of Georgia. DECIDED NOVEMBER 28, 1988. REHEARING DENIED DECEMBER 14, 1988. McMURRAY, Presiding Judge. This is an action for damages arising from a motor vehicle collision between a truck driven by defendant Light in the course of his employment by defendant Southeast […]

602 S.E.2d 915 STEWART et al. v. CARDELLA. A04A1825.Court of Appeals of Georgia. DECIDED AUGUST 6, 2004. BLACKBURN, Presiding Judge. Following a bench trial, James and Melisa Stewart, on behalf of their son, Adam Stewart, appeal the trial court’s grant of a stalking 12-month protective order[1] preventing their son from contacting or coming near Kristen […]

271 S.E.2d 710 GIBSON v. SHERIFF. 60075.Court of Appeals of Georgia.SUBMITTED JUNE 17, 1980. DECIDED SEPTEMBER 5, 1980. CARLEY, Judge. Plaintiff-appellee and defendant-appellant entered into a contract whereby appellee agreed to furnish and install a television antenna system in appellant’s mobile home park. Subsequently, appellant elected to terminate the agreement and appellee brought this action […]

148 S.E.2d 921 CLARK v. ATLANTA VETERANS TRANSPORTATION, INC. 41930.Court of Appeals of Georgia.SUBMITTED APRIL 4, 1966. DECIDED APRIL 25, 1966. 1. While proof of agency may be made by circumstances, apparent relations and conduct of the parties, mere proof that a taxicab had thereon the lettering “Checker Cab,” together with a card delivered by […]

293 S.E.2d 381 PERRY v. FREEMAN et al. 63528.Court of Appeals of Georgia. DECIDED JULY 7, 1982. REHEARING DENIED JULY 21, 1982. POPE, Judge. On November 7, 1977 appellant Perry loaned to appellee Freeman the sum of $5,000 which was secured by Freeman’s promissory note to Perry. On March 10, 1978 Freeman executed a security […]

27 S.E.2d 561 MATTHEWS v. THE STATE. 30261.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1943. The denial of a new trial was not error. DECIDED NOVEMBER 6, 1943. Voluntary manslaughter; from Carroll superior court — Judge Wyatt. July 17, 1943. Willis Smith, for plaintiff in error. Leon L. Meadors, solicitor-general, contra. BROYLES, C. J. […]

315 S.E.2d 472 RAMSEY v. THE STATE. 67734.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1984. DEEN, Presiding Judge. Anna Ramsey was convicted of theft by shoplifting and appeals, contending the trial court erred in denying her motion for a continuance because counsel did not have sufficient and timely notice of the upcoming trial date. […]

112 S.E.2d 666 MAULDING v. ATLANTA TRANSIT SYSTEM, INC. 38001.Court of Appeals of Georgia. DECIDED JANUARY 12, 1960. 1, 2, 4, 6. The charges complained of state correct principles of law and are not rendered erroneous by failure to charge other pertinent and correct principles of law in immediate connection therewith. 3. It was within […]

18 S.E.2d 575 POLLARD, receiver, v. LUMLEY. 29303.Court of Appeals of Georgia. DECIDED JANUARY 24, 1942. SUTTON, J. 1. The motion to dismiss the writ of error is without merit, and is overruled. 2. Where a case was dismissed in the superior court of Quitman County, the judge was without authority in a different county […]

118 S.E.2d 734 BROYLES v. JOHNSON. 38578.Court of Appeals of Georgia. DECIDED JANUARY 6, 1961. REHEARING DENIED FEBRUARY 2, 1961. 1. The trial court did not err in striking, on special demurrer, allegations of the petition which sought to plead evidence. 2. The defendant’s answer was not subject to the demurrers. 3. Where a plea […]

278 S.E.2d 750 HARTRAMPF v. CITIZENS SOUTHERN REALTY INVESTORS; and vice versa. 61051, 61052.Court of Appeals of Georgia. DECIDED MARCH 12, 1981. CARLEY, Judge. On August 1, 1973, Hartrampf obtained a real estate acquisition and development loan and signed a note payable in two years to Citizens Southern Realty Investors (CSRI) “in accordance with the […]

621 S.E.2d 483 IN THE INTEREST OF C.S., a child. A05A0864.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 2005. RECONSIDERATION DENIED SEPTEMBER 23, 2005. BERNES, Judge. The Juvenile Court of Chatham County adjudicated C.S. delinquent for committing the felony of aggravated assault. C.S. appeals from the denial of her motion for a new trial, contending […]

349 S.E.2d 469 HALL v. JONES et al. 72494.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1986. REHEARING DENIED OCTOBER 7, 1986. BIRDSONG, Presiding Judge. The appellant is a prisoner who filed a civil complaint and amendment alleging that at the Middle Georgia Correctional Complex in Hardwick, he was required to sleep on a mattress […]

476 S.E.2d 1 BARNWELL v. BARNETT COMPANY. A96A0890.Court of Appeals of Georgia. DECIDED AUGUST 21, 1996 — RECONSIDERATION DISMISSED SEPTEMBER 10, 1996. Judge Harold R. Banke. Michael Barnwell sought interlocutory review of the denial of his motion for summary judgment in Barnett Company’s suit (“Barnett”) arising from the termination of its distributorship agreement with Johnson […]

51 S.E.2d 58 GRAVES v. CITY OF GAINESVILLE. SMITH v. CITY OF GAINESVILLE. 32128, 32129.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1948. Where a photographer, who resides in another State and has his photographic studio and principal place of business in such other State with no fixed place of business in this State, sends […]

601 S.E.2d 824 HAYES MICROCOMPUTER PRODUCTS, INC. v. FRANZA et al. A04A0354.Court of Appeals of Georgia. DECIDED JULY 6, 2004. ANDREWS, Presiding Judge. Hayes Microcomputer Products, Inc. (Hayes) appeals from the trial court’s denial of its motion for judgment notwithstanding the verdict and motion for new trial following the entry of judgment on the jury’s […]

181 S.E.2d 876 AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. v. FULLER. 45885.Court of Appeals of Georgia.ARGUED JANUARY 8, 1971. DECIDED MARCH 15, 1971. REHEARING DENIED APRIL 2, 1971. The principal contractor had use and control of the highways for the purpose of the contract and, to the extent necessary for performance of the hauling […]

117 S.E.2d 261 RAPER v. SMITH. 38219.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 1960. JORDAN, Judge. The judgment of this court (Raper v. Smith, 101 Ga. App. 557, 115 S.E.2d 234), affirming the trial court’s overruling of the general demurrer of the defendant, having been reversed by the Supreme Court of Georgia on certiorari […]

122 S.E.2d 317 CHANDLER v. ALABAMA POWER COMPANY. 38904.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 1961. REHEARING DENIED SEPTEMBER 29, 1961. 1. Expert testimony as to the effect the presence of a now existing dam would have had on floods that occurred in the past when the dam was not in existence, was inadmissible, […]

429 S.E.2d 128 ANDERSON v. THE STATE. A92A1714.Court of Appeals of Georgia. DECIDED MARCH 10, 1993. CARLEY, Presiding Judge. By way of a single indictment, appellant was individually charged with three counts of selling cocaine, a co-indictee was individually charged with two counts of selling cocaine and they were both jointly charged with one count […]

235 S.E.2d 687 NORTHCUTT v. CITIZENS SOUTHERN NATIONAL BANK. 53931.Court of Appeals of Georgia.SUBMITTED MAY 10, 1977. DECIDED MAY 20, 1977. BANKE, Judge. The appellee sued the appellant on an open account. The appellee served interrogatories on the appellant, which the appellant refused to answer on self-incrimination grounds. The trial judge ordered the appellant to […]

448 S.E.2d 463 DYKES et al. v. THE STATE. A94A1119.Court of Appeals of Georgia. DECIDED AUGUST 12, 1994. RECONSIDERATION DENIED SEPTEMBER 7, 1994. BEASLEY, Presiding Judge. In March 1991, appellants Dykes and Patterson pled guilty to an indictment charging them with burglary of a dwelling. They were each given a four-year sentence under the First […]

222 S.E.2d 172 KEYE v. THE STATE. 51498.Court of Appeals of Georgia.ARGUED OCTOBER 30, 1975. DECIDED NOVEMBER 21, 1975. STOLZ, Judge. The defendant, tried for murder, appeals from his conviction of voluntary manslaughter. 1. The defendant’s contention that the trial judge should have given his requested charge on accident, is without merit. The evidence, including […]

172 S.E.2d 174 HOTEL STORAGE, INC. v. FESLER et al. BEVERAGE SALES COMPANY, INC. v. FESLER et al. 44459, 44472.Court of Appeals of Georgia.ARGUED MAY 5, 1969. DECIDED OCTOBER 24, 1969. REHEARING DENIED NOVEMBER 20, 1969. 1. The plaintiff sought damages for injuries sustained resulting from the alleged negligent operation of an automobile by a […]

38 S.E.2d 95 MITCHELL v. THE STATE. 31147.Court of Appeals of Georgia. DECIDED APRIL 19, 1946. REHEARING DENIED MAY 16, 1946. 1. The use of the words, “of course,” while inapt, was not an expression intimating what had been proved in the case, and the jury were not misled into believing that the court was […]

228 S.E.2d 302 BLUMENAU v. CITIZENS SOUTHERN NATIONAL BANK. 52092.Court of Appeals of Georgia.ARGUED APRIL 13, 1976. DECIDED JULY 1, 1976. QUILLIAN, Judge. The judgment appealed from was entered on December 2, 1975. Under the applicable statute the notice of appeal “shall be filed within 30 days after entry of the appealable decision or judgment […]

403 S.E.2d 229 GRAGG v. DIEBOLD, INC. A90A1670.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 1991. REHEARING DENIED MARCH 5, 1991. McMURRAY, Presiding Judge. Defendant Diebold, Inc., supplied a security system for a Citizens Southern National Bank facility (“bank”) where plaintiff Gragg was employed. Plaintiff was injured when she walked in on an armed robbery […]

635 S.E.2d 420 IN THE INTEREST OF R. N. O. et al., children. No. A06A1035.Court of Appeals of Georgia. DECIDED AUGUST 17, 2006. MILLER, Judge. A juvenile court terminated the parental rights of the mother and father of R. N. O. and S. T. O. and denied the paternal grandmother’s motion to obtain legal custody […]

194 S.E.2d 302 BOLICK v. THE STATE. 47563.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1972. DECIDED OCTOBER 19, 1972. REHEARING DENIED NOVEMBER 15, 1972. CLARK, Judge. “Jailhouse lawyer” may be a pejorative term applied by some with derision but not by judges who know these penitentiary paracletes present frequently imaginative and innovative ideas. Gideon v. […]

254 S.E.2d 381 NEWSOME v. THE STATE. 56980.Court of Appeals of Georgia.SUBMITTED JANUARY 15, 1979. DECIDED FEBRUARY 9, 1979. REHEARING DENIED MARCH 20, 1979. BIRDSONG, Judge. Newsome appeals his conviction, by a jury, of the offense of voluntary manslaughter. Held: 1. “As to the general grounds, this court is hound by the `any evidence’ rule […]

322 S.E.2d 741 CHANCE v. THE STATE. MAYO v. THE STATE. BARMORE v. THE STATE. 68690, 68691, 68697.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1984. REHEARING DENIED SEPTEMBER 28, 1984. QUILLIAN, Presiding Judge. Defendants appeal their conviction of attempted armed robbery. Olen Googe, at 6:00 a.m. on the morning of July 10, 1982, opened […]

456 S.E.2d 112 BALES v. THE STATE. A95A0110.Court of Appeals of Georgia. DECIDED MARCH 24, 1995. POPE, Presiding Judge. Defendant, Jason Eric Bales, entered a conditional plea of guilty to possession of a controlled substance. His motion to suppress was denied, and this appeal followed.[1] Police obtained a search warrant for a residence and were […]

348 S.E.2d 718 FEDERATED DEPARTMENT STORES, INC. v. KANE. 72807.Court of Appeals of Georgia. DECIDED SEPTEMBER 2, 1986. BANKE, Chief Judge. David Kane sued Federated Department Stores, Inc., d/b/a Rich’s, alleging that a Rich’s store employee had injured him while attempting to restrain him from leaving the store. The incident occurred as Kane and/or his […]

62 S.E.2d 732 BROWN v. THE STATE. 33089.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1950. 1. The evidence introduced by the State and objected to by the defendant was inadmissible as effectually amending the affidavit upon which the accusation was founded, after issue had been joined. 2. Where a trial is had upon an […]

436 S.E.2d 50 AHMED AL-BETI v. THE STATE. A93A1158.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1993. RECONSIDERATION DISMISSED NOVEMBER 22, 1993. ANDREWS, Judge. Ahmed Al-Beti was convicted by a jury of five counts of child molestation for sexual acts committed against his ten-year-old stepdaughter. 1. Appellant claims the evidence was insufficient to support the […]

695 S.E.2d 334 HENDERSON v. THE STATE. A10A0323.Court of Appeals of Georgia. DECIDED MAY 6, 2010. SMITH, Presiding Judge. Timothy Jamal Henderson was indicted by a Gwinnett County grand jury for armed robbery, aggravated assault, possession of a firearm by a convicted felon, and two counts of possession of a firearm during the commission of […]

462 S.E.2d 420 BROWN v. THE STATE. A95A1313.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1995. BEASLEY, Chief Judge. A jury convicted Jake Brown of driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) (4). He appeals this conviction after having been acquitted of homicide by vehicle in the first degree […]

393 S.E.2d 479 WESTWIND CORPORATION v. WASHINGTON FEDERAL SAVINGS LOAN ASSOCIATION. A90A0596, A90A0597.Court of Appeals of Georgia. DECIDED APRIL 3, 1990. REHEARING DENIED APRIL 19, 1990. SOGNIER, Judge. Westwind Corporation filed two appeals in the Superior Court of Hall County from writs of possession granted by a magistrate court to Washington Federal Savings Loan Association. […]

635 S.E.2d 393 IN THE INTEREST OF J. L., a child. No. A06A1407.Court of Appeals of Georgia. DECIDED AUGUST 14, 2006. PHIPPS, Judge. The juvenile court adjudicated J. L. delinquent after finding that she had committed acts that would have constituted two counts of aggravated assault and two counts of failing to stop at or […]

115 S.E.2d 484 JOHNSON et al. v. BURKE COUNTY; and vice versa. 38309, 38319.Court of Appeals of Georgia. DECIDED JUNE 2, 1960. The trial court did not err in sustaining the general demurrer to the plaintiffs’ petition for the reason that the petition disclosed no substantial impairment to the means of ingress to the plaintiffs’ […]

163 S.E.2d 246 McCRACKIN v. HAYES; and vice versa. 43646, 43660.Court of Appeals of Georgia.ARGUED MAY 7, 1968. DECIDED JUNE 11, 1968. REHEARING DENIED JULY 19 AND JULY 31, 1968. In a suit by an assignee against the payor of a promissory note, when the evidence shows that the note was payable to a corporation […]

384 S.E.2d 677 SMITH v. THE STATE. A89A0825.Court of Appeals of Georgia. DECIDED JULY 5, 1989. BIRDSONG, Judge. Alvin Michael Smith appeals his conviction for two counts of sale of cocaine, obstruction of an officer and criminal trespass. His defense was “mistaken identity.” He was not arrested at the time of the cocaine sales. He […]

450 S.E.2d 266 URREA et al. v. FLYTHE. A94A1889.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1994. RECONSIDERATION DENIED NOVEMBER 14, 1994. BIRDSONG, Presiding Judge. Appellants/plaintiffs filed a renewal suit under the provisions of OCGA § 9-2-61, after their original suit was dismissed. The original invasion of privacy suit was filed and process served upon […]

391 S.E.2d 472 REED v. EASTERN ELECTRIC APPARATUS REPAIR COMPANY et al. A90A0060.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1990. BIRDSONG, Judge. This appeal arises from the denial of Theodore Reed’s partial motion for summary judgment to have an employment covenant held invalid. The trial court held the agreement to be enforceable but subject […]

519 S.E.2d 478 JAMES v. THE STATE. A99A0771.Court of Appeals of Georgia. DECIDED: JUNE 14, 1999. SMITH, Judge. Sharrod D. James was indicted jointly with two co-defendants on the charge of trafficking in cocaine. He was tried by a jury, which found him guilty of the included offense of possession of cocaine. He appeals, contending […]

320 S.E.2d 570 DOUTHIT v. SANDERSVILLE PRODUCTION CREDIT ASSOCIATION. 67827.Court of Appeals of Georgia. DECIDED JUNE 25, 1984. REHEARING DENIED JULY 17, 1984. McMURRAY, Chief Judge. This is an action by plaintiff Sandersville Production Credit Association (Production Credit Association) arising from the alleged default of defendant under certain promissory notes. The action arises from a […]

101 S.E.2d 878 SADOW v. KING. 36956.Court of Appeals of Georgia. DECIDED JANUARY 23, 1958. QUILLIAN, Judge. 1. Where the petition in a suit on a check by the payee against the drawer does not allege presentment to the drawee for payment, dishonor and the giving of notice of such dishonor to the drawer, as […]

553 S.E.2d 862 HOWARD v. THE STATE. A01A1431.Court of Appeals of Georgia. DECIDED: AUGUST 16, 2001. ELLINGTON, Judge. After a joint trial with co-defendant Tycion London, a Fulton County jury convicted James Carey Howard of burglary, O.C.G.A. §16-7-1 (a); two counts of false imprisonment, O.C.G.A. § 16-5-41(a); and two counts of simple battery, O.C.G.A. § […]

701 S.E.2d 902 CHAVEZ v. THE STATE. No. A10A1135.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 2010. DOYLE, Judge. Following a jury trial, Jesus Camacho Chavez was convicted of aggravated child molestation[1] and child molestation.[2] Chavez appeals, arguing that the State failed to prove venue beyond a reasonable doubt. We affirm, for reasons that follow. […]

35 S.E.2d 556 SHOTKIN v. THE STATE. 30945.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1945. REHEARING DENIED OCTOBER 30, 1945. 1. (a) Judges who are acting in their official capacities are not proper parties to a bill of exceptions concerning a judgment rendered by them during the course of their official duties. (b) Where, […]

506 S.E.2d 899 DeKALB COUNTY, GEORGIA v. POST APARTMENT HOMES, L.P. A98A2148.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1998. — CERT. APPLIED FOR. ELDRIDGE, Judge. On January 7, 1997, Post Apartment Homes, L.P., plaintiff-appellee (“Post”), purchased 32.59 acres in DeKalb County. Previously, on January 24, 1996, DeKalb County, defendant-appellant, through its Board of Commissioners, […]

463 S.E.2d 351 FORD v. DOVE et al. A95A1987.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1995. RECONSIDERATION DENIED OCTOBER 26, 1995. CERT. APPLIED FOR. BIRDSONG, Presiding Judge. Appellant/defendant William C. Ford, M.D. was granted an interlocutory review of the order of the superior court denying his motion for partial summary judgment. On March 5, […]

203 S.E.2d 758 COTTON v. PENDLEY. 48799.Court of Appeals of Georgia.SUBMITTED NOVEMBER 9, 1973. DECIDED JANUARY 7, 1974. STOLZ, Judge. The plaintiff in a trover action for an automobile which he left with the defendant for repairs, appeals from the judgment on the jury verdict in favor of the defendant on his counterclaim. Held: 1. […]

183 S.E.2d 83 UNITED STATES FIRE INSURANCE COMPANY et al. v. PHILLIPS. 46190.Court of Appeals of Georgia.ARGUED MAY 5, 1971. DECIDED JUNE 4, 1971. JORDAN, Presiding Judge. This is the second appeal to this court by the employer and carrier in a workmen’s compensation case. On the previous appearance this court reversed with direction an […]

599 S.E.2d 325 HOUSTON v. THE STATE. A04A0702.Court of Appeals of Georgia. DECIDED May 12, 2004. MIKELL, Judge. Michael Houston was convicted of armed robbery and sentenced to 11 years in confinement. He appeals from the denial of his motion for new trial. Finding no error, we affirm. 1. Houston argues that the evidence is […]

564 S.E.2d 817 MOORE v. TEAGUE. A02A1011.Court of Appeals of Georgia. DECIDED: MAY 1, 2002. ELDRIDGE, Judge. Plaintiff Angela B. Moore, an invitee to a home products demonstration in the home of defendant Sheri A. Teague, appeals from the grant of summary judgment in her slip and fall case. Plaintiff fell in the defendant’s kitchen […]

599 S.E.2d 297 CRUMPTON v. THE STATE. A04A0311.Court of Appeals of Georgia. DECIDED MAY 10, 2004. JOHNSON, Presiding Judge. Michael Crumpton was charged with simple battery. He pled not guilty, and the case was set for trial. When the court called the case for trial on March 17, Crumpton was not present. As a result, […]

705 S.E.2d 873 DZIWURA v. BRODA. No. A08A2143.Court of Appeals of Georgia. DECIDED JANUARY 5, 2011. DlLLARD, Judge. In Broda v. Dziwura, 286 Ga. 507 (689 SE2d 319) (2010), the Supreme Court of Georgia reversed the judgment of this Court in Dziwura v. Broda, 297 Ga. App. 1 (696 SE2d 400) (2009). Therefore, we vacate […]

538 S.E.2d 95 SMITH v. THE STATE. A00A1765.Court of Appeals of Georgia. DECIDED: AUGUST 2, 2000. RUFFIN, Judge. A Burke County jury found appellant Willie W. Smith guilty of aggravated assault, criminal damage to property, possession of a firearm during the commission of a crime, carrying a pistol without a license, and discharge of a […]

390 S.E.2d 869 PONDER v. THE STATE. A89A2111.Court of Appeals of Georgia. DECIDED JANUARY 23, 1990. REHEARING DENIED FEBRUARY 9, 1990. CARLEY, Chief Judge. After a jury trial, appellant was found guilty of one count of aggravated assault on a peace officer and two counts of possession of a Page 447 deadly weapon by an […]

339 S.E.2d 735 HANNULA v. RAMEY et al. 71290.Court of Appeals of Georgia. DECIDED JANUARY 6, 1986. REHEARING DENIED JANUARY 22, 1986. DEEN, Presiding Judge. Cheryl Hannula received neck injuries in an automobile collision while riding as a passenger in a car driven by Kimberly Waylen. Ms. Waylen’s vehicle made a left turn at an […]

63 S.E.2d 271 SANDERS v. SIMMS. 33357.Court of Appeals of Georgia. DECIDED JANUARY 27, 1951. FELTON, J. 1. Ground 6 of the motion for a new trial, complaining of the overruling of a motion to dismiss the action, is without merit, as such is not a proper ground for a motion for a new trial. […]

198 S.E.2d 913 DAVIS v. THE STATE. 48121.Court of Appeals of Georgia.ARGUED APRIL 30, 1973. DECIDED MAY 30, 1973. DEEN, Judge. 1. On a motion to suppress evidence based on the alleged inadequacy of the affidavit pursuant to which the warrant issued and certain proscribed drugs were seized, we hold without hesitation that the statement […]

333 S.E.2d 1 MURPHY et al. v. D’YOUVILLE CONDOMINIUM ASSOCIATION, INC. et al. 69733.Court of Appeals of Georgia. DECIDED MAY 31, 1985. REHEARING DENIED JUNE 18, 1985. BENHAM, Judge. Appellant Paul Murphy (hereinafter “appellant”) was seriously injured when he dived into the shallow end of a swimming pool at the D’Youville Condominiums and struck the […]

491 S.E.2d 915 TUCKER FEDERAL SAVINGS LOAN ASSOCIATION v. BALOGH et al. A97A1122.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1997. BLACKBURN, Judge. We granted Tucker Federal Savings Loan Association’s (the bank’s) application for interlocutory appeal to review the trial court’s denial of its motion for summary judgment in this negligence action. Sylvia Balogh, individually […]

444 S.E.2d 814 RENDEN, INC. v. LIBERTY REAL ESTATE LIMITED PARTNERSHIP III et al. A94A1064.Court of Appeals of Georgia. DECIDED MAY 9, 1994. RECONSIDERATION DENIED MAY 27, 1994. BIRDSONG, Presiding Judge. This is an appeal from a grant of summary judgment. Appellant/plaintiff Renden, Inc. (Renden) brought suit for tortious interference with a business relationship against […]

704 S.E.2d 239 MEADOW SPRINGS, LLC v. IH RIVERDALE, LLC et al. No. A08A2030.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 2010. PHIPPS, Presiding Judge. In Meadow Springs, LLC v. IH Riverdale, LLC, [1] the Supreme Court of Georgia reversed our judgment, [2] in which we had affirmed an order of the trial court that […]

683 S.E.2d 35 PORTER et al. v. WELLSTAR HEALTH SYSTEM, INC. et al. No. A09A0206.Court of Appeals of Georgia. DECIDED JULY 14, 2009. RECONSIDERATION DENIED JULY 31, 2009. DOYLE, Judge. Gary S. Porter, individually and as executor for Mary F. Porter, deceased, brought suit against WellStar Health System, Inc., d/b/a WellStar Paulding Nursing Center and […]

363 S.E.2d 626 MUHANNA v. O’KELLEY et al. 75489.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1987. BANKE, Presiding Judge. The defendant physician in this medical malpractice action moved for summary judgment. After oral argument on the motion but before the trial court had made any indication as to how it intended to rule, the […]

209 S.E.2d 257 LEGGETT v. THE STATE. 49667.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1974. DECIDED OCTOBER 7, 1974. PANNELL, Presiding Judge. The defendant was indicted, tried and convicted of violation of Criminal Code § 26-1501 (a) involving an alleged public road by digging ditches across the road, stretching wires across the road and placing […]

65 S.E.2d 453 MORGAN v. REEVES et al. 33423.Court of Appeals of Georgia. DECIDED MAY 25, 1951. 1. There was sufficient evidence of the plaintiffs’ title to the land in question, of the trespass thereon by the defendant or his agent and of the removal therefrom by the defendant or his agent of certain saw […]

653 S.E.2d 870 SHAFE et al. v. AMERICAN STATES INSURANCE COMPANY. No. A07A0879.Court of Appeals of Georgia. DECIDED NOVEMBER 8, 2007. MILLER, Judge. James C. Shafe, Sales Management Training Institute of Atlanta, Inc., and Career Training Concepts, Inc. appeal from a grant of summary judgment entered in favor of their insurer, American States Insurance Company […]

330 S.E.2d 803 WEST et al. v. DEPARTMENT OF TRANSPORTATION. 70112.Court of Appeals of Georgia. DECIDED APRIL 17, 1985. DEEN, Presiding Judge. On February 21, 1978, the Department of Transportation (DOT) commenced a condemnation proceeding to acquire a right-of-way and necessary easements on certain property located in Fulton and DeKalb Counties. The appellant, Thomas B. […]

270 S.E.2d 46 THOMPSON et al. v. MACON-BIBB COUNTY HOSPITAL AUTHORITY et al. 59952.Court of Appeals of Georgia.ARGUED MAY 8, 1980. DECIDED MAY 30, 1980. BANKE, Judge. This appeal is by the district attorney and the foreman of the Bibb County Grand Jury from a superior court order expunging a report of the grand jury […]