Category: Georgia Court of Appeals Opinions

351 S.E.2d 664 SHEPPARD v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY. 72695.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1986. REHEARING DENIED DECEMBER 12, 1986. CARLEY, Judge. At issue in the instant appeal is the dismissal of an action filed by appellant-plaintiff in the State Court of Fulton County, alleging the failure of appellee-defendant insurer […]

404 S.E.2d 343 DEAL v. THE STATE. A90A2069.Court of Appeals of Georgia. DECIDED MARCH 15, 1991. COOPER, Judge. Appellant was indicted and tried for trafficking in cocaine. The jury returned a guilty verdict and he appeals. Acting on information provided by a detective in the Atlanta police department that cocaine was being stored for distribution […]

305 S.E.2d 446 McKINNEY v. THE STATE. 66268.Court of Appeals of Georgia. DECIDED MAY 20, 1983. DEEN, Presiding Judge. Appellant received a six-year prison sentence following conviction on a charge of aggravated assault stemming from his shooting of a neighbor and drinking companion. He moved for a new trial on the general grounds, and after […]

24 S.E.2d 415 DAVIS v. THE STATE. 29981.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1943. REHEARING DENIED FEBRUARY 20, 1943. BROYLES, C. J. 1. The evidence amply authorized the verdict. 2. The special grounds of the motion for new trial, alleging that the court erred in charging the law of confessions and in failing […]

555 S.E.2d 859 WATERS v. THE STATE. A01A0856.Court of Appeals of Georgia. DECIDED: OCTOBER 30, 2001 BARNES, Judge. Michael Waters appeals from his convictions of theft by taking property with a value in excess of $500, simple battery, criminal trespass, and criminal use of an article with an altered identification mark, asserting, essentially, insufficiency of […]

632 S.E.2d 486 GRUMET et al. v. BUNT. A06A0345.Court of Appeals of Georgia. DECIDED JUNE 12, 2006. MILLER, Judge. Ross F. Grumet, M.D., appeals from the grant of summary judgment[1] to Dr. Richard M. Bunt upon Dr. Grumet’s complaint for damages for breach of an oral contract. Discerning no error, we affirm. “To prevail at […]

161 S.E.2d 357 CARMACK v. OGLETHORPE COMPANY. 43448.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1968. DECIDED APRIL 22, 1968. DEEN, Judge. 1. Where the plaintiff is nonsuited and files a timely appeal from that judgment which is affirmed by the appellate court, he may, within 6 months of the date of affirmance, recommence his action […]

145 S.E.2d 643 COTTON STATES MUTUAL INSURANCE COMPANY v. PHILLIPS. 41556.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1965. DECIDED NOVEMBER 3, 1965. The evidence did not authorize a finding that the failure and refusal of the defendant insurance company to settle two personal injury damage suits against the plaintiff insured within the limits of an […]

322 S.E.2d 76 McCOY v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY et al. 68199.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1984. SOGNIER, Judge. Bobby McCoy sued Southern Bell Telephone and Telegraph Company, an unknown employee truck driver, and John Doe to recover damages resulting from an automobile collision. Pursuant to OCGA § 33-7-11, State Farm […]

494 S.E.2d 561 THE STATE v. FIELDING. A97A2530.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1997. RUFFIN, Judge. On March 8, 1997, Kristen George Fielding was arrested for driving under the influence of alcohol in addition to other traffic violations. Fielding moved to suppress the results of the Intoxilyzer 5000 administered to him, arguing that […]

373 S.E.2d 846 LINER et al. v. NORTH. 76314.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1988. BIRDSONG, Chief Judge. This is an appeal of the order of the superior court granting appellee’s motion for summary judgment. This action initially arose from a petition for citation of executor by appellants in the Probate Court of […]

284 S.E.2d 85 GATES v. THE STATE. 62252.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1981. McMURRAY, Presiding Judge. Defendant was convicted of the offenses of criminal attempt to commit rape, aggravated assault, and criminal damages to property in the second degree. After the appeal was filed in this court defendant’s appointed counsel filed a […]

275 S.E.2d 661 SUN FEDERAL SAVINGS LOAN ASSOCIATION v. MANNY. 60835.Court of Appeals of Georgia.SUBMITTED OCTOBER 9, 1980. DECIDED NOVEMBER 3, 1980. REHEARING DENIED DECEMBER 10, 1980. BANKE, Judge. This is an appeal from an order granting summary judgment to the defendant in a suit by the plaintiff, a savings and loan association, to collect […]

158 S.E.2d 263 BRAY v. OGLETHORPE COUNTY. 43122.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1967. DECIDED OCTOBER 24, 1967. HALL, Judge. The claimant widow appeals from a judgment of the superior court which affirmed an award of the State Board of Workmen’s Compensation denying benefits to her, based on the conclusion that a deputy sheriff […]

81 S.E.2d 228 ATLANTIC COAST LINE RAILROAD COMPANY et al. v. MARSHALL. 34842.Court of Appeals of Georgia. DECIDED JANUARY 14, 1954. ADHERED TO ON REHEARING FEBRUARY 27, 1954. 1. The court did not err in overruling the general demurrer to the petition. 2. The court erred in denying the motion for a new trial on […]

610 S.E.2d 129 BONNER v. SOUTHERN RESTAURANT GROUP, INC. et al. A04A2258.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 2005. MIKELL, Judge. In this slip and fall case, Patricia Bonner appeals from the trial court’s grant of summary judgment to Southern Restaurant Group, Inc., owner of TGI Friday’s (“Friday’s”), contending that genuine issues of material […]

413 S.E.2d 523 MICHAEL v. ACREE et al. MICHAEL v. KITCHINGS et al. TOPA INSURANCE COMPANY v. MICHAEL et al. A91A1099, A91A1740, A91A1741.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1991. Judge Arnold Shulman. While apparently driving in the wrong direction on Interstate Highway 75 in Clayton County, appellant Melanie Michael collided with two automobiles, […]

32 S.E.2d 858 HOLLOWAY v. DORSEY. 30679.Court of Appeals of Georgia. DECIDED JANUARY 17, 1945. Where, as here, the petition seeks only injunctive relief against a continuing trespass, and in response thereto the defendant answers, seeking recovery of a sum for breach of a contract, the voluntary dismissal by the plaintiff of his petition carries […]

99 S.E.2d 701 STATE HOUSECRAFT, INC. v. JONES. 36773.Court of Appeals of Georgia. DECIDED JULY 10, 1957. 1. Where in a claim case arising out of the levy of a fi. fa. on certain personal property as the property of the defendant in execution, which property was shown to have been found at the time […]

505 S.E.2d 247 DEPARTMENT OF TRANSPORTATION v. WHITFIELD et al. A98A0878.Court of Appeals of Georgia. DECIDED JULY 31, 1998 — CERT. APPLIED FOR McMURRAY, Presiding Judge. Proceeding under OCGA § 32-3-4, the condemnor-appellant Department of Transportation (“DOT”) filed a declaration of taking to acquire “fee simple title to a right of way. . .” consisting […]

424 S.E.2d 288 ULBRICH et al. v. BATTS et al. A92A0950.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1992. RECONSIDERATION DENIED OCTOBER 30, 1992. ANDREWS, Judge. We granted this interlocutory appeal to review the trial court’s refusal to dismiss the medical malpractice action brought by Batts et al. against Ulbrich et al. In his motions […]

676 S.E.2d 382 GOMEZ-RAMOS v. STATE OF GEORGIA; UNITED SURETY, INC. v. STATE OF GEORGIA. Nos. A08A1790, A08A1791.Court of Appeals of Georgia. DECIDED MARCH 11, 2009. RECONSIDERATION DENIED MARCH 27, 2009. PHIPPS, Judge. After Lizbeth Gomez-Ramos was arrested on child cruelty allegations, she was held in custody in Hall County. Bail was set, and United […]

137 S.E.2d 491 HICKMAN v. LIVINGSTON. 40649.Court of Appeals of Georgia. DECIDED MAY 6, 1964. REHEARING DENIED JUNE 15, 1964. Where, while an action is pending against him, a defendant files a petition seeking to be adjudged a bankrupt but does not seek to have the action stayed and permits a default judgment to be […]

388 S.E.2d 2 MORGAN v. MORGAN. A89A1428.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1989. REHEARING DENIED OCTOBER 26, 1989. SOGNIER, Judge. Linda Barrows Morgan filed suit in the Superior Court of Fulton County to have her marriage to C. Dennis Morgan annulled and to recover damages on a claim of fraudulent inducement to marry. […]

352 S.E.2d 394 CONLEY v. THE STATE. 72308.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1986. REHEARING DENIED DECEMBER 19, 1986. BENHAM, Judge. A jury found appellant guilty of driving under the influence of alcohol (OCGA § 40-6-391) and acquitted him of failure to dim headlights Page 376 (OCGA § 40-8-31). Appellant seeks reversal of […]

410 S.E.2d 368 IN THE INTEREST OF J. M. C., a child. A91A1398.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1991. SOGNIER, Chief Judge. The mother of J. M. C. appeals from the order of the Juvenile Court of Hall County terminating her parental rights. The record reveals that appellant has abused alcohol and drugs […]

410 S.E.2d 756 McLEROY PLUMBING SERVICE, INC. et al. v. STARKS. A91A0829.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1991. RECONSIDERATION DENIED SEPTEMBER 23, 1991. POPE, Judge. We granted the employer’s request for discretionary appeal to review the order of the superior court affirming an award in favor of the claimant by the State Board […]

296 S.E.2d 749 SHIVERS et al. v. BARTON LUDWIG, INC. et al. No. 64112.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 1982. REHEARING DENIED NOVEMBER 23, 1982. CARLEY, Judge. Appellants, Shivers and Gilbert, brought suit against appellees, Sexton and Barton Ludwig, Inc. Appellants sought an accounting of all funds paid into a limited partnership, known […]

595 S.E.2d 346 C. BROWN TRUCKING, INC. v. RUSHING. A03A2311Court of Appeals of Georgia. DECIDED: FEBRUARY 18, 2004 MIKELL, Judge. Commercial trucking owner-operators, defined as those who lease their trucks and drivers to a motor common carrier,[1] are deemed independent contractors under the Workers’ Compensation Act (“Act”) and are not entitled to claim benefits from […]

151 S.E.2d 491 STATE HIGHWAY DEPARTMENT v. HILLIARD et al. 42299.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1966. DECIDED SEPTEMBER 22, 1966. 1. The motion to dismiss is without merit. 2. Evidence of an unaccepted offer to buy or sell property is not admissible to prove value. 3. Evidence as to the price paid for […]

365 S.E.2d 545 GARDNER v. BLACKSTON et al. 75880.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 1988. DEEN, Presiding Judge. Appellant Gardner was driving at night on a Cobb County highway when a tractor-trailer truck pulling a low-boy trailer carrying a heavy road-grader made a left turn from a side road across his path. Gardner […]

559 S.E.2d 516 WILLIAMS v. THE STATE. JAMES v. THE STATE. No. A01A1872, A01A1873.Court of Appeals of Georgia. January 25, 2002. BLACKBURN, Chief Judge. James Gregory Williams was convicted by a jury of the crime of armed robbery. His co-defendant, Earl A. James, was convicted by the jury of the crimes of armed robbery and […]

182 S.E.2d 525 KENDRICK et al. v. THE STATE. 46045.Court of Appeals of Georgia.ARGUED MARCH 1, 1971. DECIDED APRIL 15, 1971. REHEARING DENIED MAY 18, 1971. 1. There was no material variance between the allegations of the indictment and the proof offered by the State. 2. It is not a defense to a criminal prosecution […]

262 S.E.2d 508 CARLSON v. HOLT et al. 58308.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED OCTOBER 29, 1979. QUILLIAN, Presiding Judge. On April 11, 1975, a complaint was filed in the DeKalb Superior Court by appellee against three defendants, Curt W. Carlson, Tommy Dutton and Pure-O-Zone, Inc., a Georgia corporation. On April 30, […]

301 S.E.2d 657 CHAMBERS v. THE STATE. 65523.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1983. BANKE, Judge. This appeal is from the revocation of the defendant’s probation based on evidence that he sold marijuana to an undercover agent. The officer who purchased the contraband identified it as marijuana, but no other evidence identifying the […]

433 S.E.2d 441 CLAFFEY v. THE STATE. A93A0826.Court of Appeals of Georgia. DECIDED JULY 13, 1993. SMITH, Judge. After her motion to suppress evidence was denied, Sandra Claffey entered a plea of guilty to a charge of violating the Georgia Controlled Substances Act, OCGA § 16-13-20 et seq., by possessing more than one ounce of […]

618 S.E.2d 728 DASHER v. DAVIS et al. A05A0879.Court of Appeals of Georgia. DECIDED JULY 28, 2005. SMITH, Presiding Judge. We granted Scott Dasher’s application for interlocutory appeal of the trial court’s denial of his motion for summary judgment in a fraud suit brought against him by Brent and Rebecca Davis. The Davises, purchasers of […]

53 S.E.2d 186 CENTRAL TRUCKAWAY SYSTEM INC. et al. v. HARRIGAN (two cases). LYNN v. HARRIGAN (two cases). 32408, 32411, 32409, 32412.Court of Appeals of Georgia. DECIDED APRIL 20, 1949. 1. It is not error for the court, in charging the jury, merely to state correctly the contentions made by the allegations of the petition, […]

623 S.E.2d 216 TURNER v. THE STATE. A05A1594.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 2005. BLACKBURN, Presiding Judge. Following a bench trial, Gregory Turner appeals his conviction of possession of cocaine, challenging the sufficiency of the evidence. Because the sole evidence of possession was Turner’s ownership and driving of the vehicle in which the […]

99 S.E.2d 484 JOHNSON v. THE STATE. 36740.Court of Appeals of Georgia. DECIDED JUNE 17, 1957. REHEARING DENIED JUNE 28, 1957. 1. On the trial of a defendant charged with receiving stolen goods, the guilt of the principal thief is an element of the offense charged but his conviction is not. The State must, however, […]

510 S.E.2d 307 PATTERMAN et al. v. THE TRAVELERS, INC. et al. A98A1540.Court of Appeals of Georgia. DECEMBER 3, 1998. RECONSIDERATION DENIED DECEMBER 16, 1998 — CERT. APPLIED FOR. RUFFIN, Judge. Scott and Donna Patterman filed a class action lawsuit against The Travelers, Inc., Primerica Financial Services, Inc. (PFS), Primerica Life Insurance Company (PLI) and […]

646 S.E.2d 326 FIELDS v. THE STATE. No. A07A0233.Court of Appeals of Georgia. DECIDED MAY 10, 2007. ANDREWS, Presiding Judge. Justin Fields appeals from his conviction for aggravated assault, arguing that the evidence was insufficient and that the trial court erred when it refused to allow evidence of a witness’s prior acts, when it limited […]

296 S.E.2d 644 BILL SPREEN TOYOTA, INC. v. JENQUIN. 64351.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1982. REHEARING DENIED OCTOBER 14, 1982. DEEN, Presiding Judge. Amy Jenquin made a trade with the defendant appellant, turning in her car and purchasing a secondhand vehicle described in the sale contract as a “used 1974 Celica Toyota […]

502 S.E.2d 254 LEWIS BROADCASTING CORPORATION v. PHOENIX BROADCASTING PARTNERS et al. A98A0157.Court of Appeals of Georgia. DECIDED APRIL 7, 1998. BLACKBURN, Judge. Lewis Broadcasting Corporation appeals the trial court’s grant of summary judgment to Phoenix Broadcasting Partners on Lewis’ suit for specific performance of an option agreement. For the reasons discussed below, we affirm. […]

510 S.E.2d 914 ROBERTSON et al. v. THE STATE. A98A2408Court of Appeals of Georgia. DECIDED: JANUARY 21, 1999. JOHNSON, Chief Judge. Wade Robertson was indicted for possession of marijuana with intent to distribute and possession of a firearm by a convicted felon. Kelly Robertson was indicted for possession of marijuana with intent to distribute. The […]

667 S.E.2d 414 SHABAZZ v. THE STATE. No. A08A1339.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 2008. JOHNSON, Presiding Judge. A jury found Waleed Shabazz guilty of armed robbery, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Shabazz appeals, challenging the sufficiency of the […]

634 S.E.2d 102 CALLAHAN v. THE STATE. No. A06A0584.Court of Appeals of Georgia. DECIDED JULY 7, 2006. BERNES, Judge. Bartow County jury convicted appellant David Callahan of two counts of armed robbery, two counts of possession of a firearm during a crime, and one count of carrying a concealed weapon. He appeals from the trial […]

568 S.E.2d 834 CLASSIC CITY BONDING COMPANY v. ROY BARNES, GOVERNOR, STATE OF GEORGIA. A02A1350.Court of Appeals of Georgia. DECIDED: JULY 16, 2002 ANDREWS, Presiding Judge. Classic City Bonding Company (Classic City) appeals from the trial court’s order granting the State’s motion for forfeiture of an appearance bond after the principal failed to appear in […]

89 S.E.2d 567 PENDLEY et al. v. CREDIT EQUIPMENT CORP. 35804.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1955. Under the terms of the Negotiable Instruments Law, the payee named in a negotiable promissory note can not be a “holder in due course.” DECIDED SEPTEMBER 28, 1955. Page 659 Action on notes. Before Judge Forehand. […]

446 S.E.2d 226 THE STATE v. BRAGG et al. A94A0275.Court of Appeals of Georgia. DECIDED JUNE 21, 1994. RECONSIDERATIONS DENIED JULY 12, 1994. Judge Harold R. Banke. Defendant James Earl Bragg was charged in an indictment with four counts of child molestation and two counts of aggravated sodomy. In the same indictment, defendant Robert William […]

288 S.E.2d 377 BERRY v. INTERFINANCIAL, INC. et al. 63094.Court of Appeals of Georgia. DECIDED JANUARY 8, 1982. DEEN, Presiding Judge. The above styled case is affirmed without opinion in accordance with Rule 36 of this court. Banke and Carley, JJ., concur. DECIDED JANUARY 8, 1982. Action on contract. Fulton Superior Court. Before Judge Weltner. […]

145 S.E.2d 747 YOUNG v. TATE (two cases). 41459, 41460.Court of Appeals of Georgia.ARGUED SEPTEMBER 13, 1965. DECIDED OCTOBER 19, 1965. REHEARING DENIED NOVEMBER 5, 1965. Whether or not the defendant Young, after being faced with an emergency not caused by his own fault, and taking evasive action to avoid injury to himself, was guilty […]

80 S.E.2d 86 J. W. MEADORS COMPANY et al. v. STATE OF GEORGIA et al. 34944.Court of Appeals of Georgia. DECIDED JANUARY 30, 1954. A contractor who contracts with a municipality to construct and improve a waterworks system, under which contract it undertakes to do entire jobs, furnishing labor and materials, as to the tangible […]

535 S.E.2d 535 KING v. ANGLIN ET. AL. A00A0556.Court of Appeals of Georgia. DECIDED: JUNE 9, 2000 PHIPPS, Judge. Charles N. King, IV, appeals the judgment for the defendants in his negligence suit against John Anglin and Baytree Marketing Services, Inc. The issue is whether the evidence supported the court’s charge on assumption of the […]

249 S.E.2d 334 EDWARDS v. YELVERTON et al. 56516.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 19, 1978. DECIDED OCTOBER 12, 1978. BELL, Chief Judge. In August, 1977, plaintiff brought this suit to establish the paternity of her illegitimate minor child and to compel the defendant to provide support. A default judgment was entered January 6, 1978, […]

230 S.E.2d 349 BROWN v. THE STATE. 52616.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 21, 1976. DECIDED OCTOBER 26, 1976. BELL, Chief Judge. The defendant appeals from his conviction for selling heroin Held: 1. A policeman testified on direct examination that Page 199 he purchased two bags of heroin from defendant. On redirect, the officer, over […]

441 S.E.2d 101 POSS et al. v. DEPARTMENT OF HUMAN RESOURCES. A92A0793.Court of Appeals of Georgia. DECIDED JANUARY 27, 1994. BEASLEY, Presiding Judge. In Poss v. Dept. of Human Resources, 206 Ga. App. 890 (426 S.E.2d 635) (1992), we held in Division 1 that the court did not err in granting the department’s motion for […]

251 S.E.2d 17 MOORE et al. v. THE STATE. NETTLES v. THE STATE. 56242, 56243.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 18, 1978. DECIDED OCTOBER 16, 1978. REHEARING DENIED NOVEMBER 7, 1978. BELL, Chief Judge. Defendants were jointly indicted, tried and convicted of fraudulently receiving food stamps of a value in excess of $500 in violation […]

524 S.E.2d 274 IN THE INTEREST OF M.M., A CHILD. IN THE INTEREST OF D.M., A CHILD. A99A1592, A99A1593.Court of Appeals of Georgia. DECIDED: OCTOBER 29, 1999. BARNES, Judge. Following an adjudicatory hearing in the DeKalb County Juvenile Court, M.M. and D.M. (collectively “the minors”) were found delinquent on the charge of burglary in violation […]

357 S.E.2d 873 NOLAN v. THE STATE. 74140.Court of Appeals of Georgia. DECIDED MAY 22, 1987. SOGNIER, Judge. Appellant was convicted of incest, statutory rape and aggravated child molestation, and he appeals. 1. Appellant contends the trial court erred by admitting testimony from the victim that appellant shot the victim’s brother in the foot with […]

22 S.E.2d 519 DAVIS v. THE STATE. 29870.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1942. GARDNER, J. The plaintiff in error was convicted of possessing more than one quart of whisky. His motion for a new trial, on the general grounds, was overruled and he excepted. The evidence was sufficient to sustain the verdict. […]

177 S.E.2d 715 RESIDENTIAL DEVELOPMENTS, INC. v. MERCHANTS INDEMNITY COMPANY OF NEW YORK et al. 45304.Court of Appeals of Georgia.ARGUED MAY 5, 1970. DECIDED SEPTEMBER 8, 1970. REHEARING DENIED SEPTEMBER 29, 1970. The trial judge properly dismissed the petition as failing to state a claim upon which relief can be granted. An alleged insured, as […]

282 S.E.2d 918 ROTH et al. v. CAREY. 61945.Court of Appeals of Georgia. DECIDED JULY 6, 1981. SHULMAN, Presiding Judge. In this appeal from a judgment entered on a plaintiff’s verdict in a malicious prosecution case, defendants have set forth as their sole enumeration of error the denial of their motion for judgment notwithstanding the […]

537 S.E.2d 688 STEVENS v. THE STATE, HILL v. THE STATE. A00A0900, A00A0901, A00A0902.Court of Appeals of Georgia. July 19, 2000 MIKELL, Judge. Samantha Stevens, Willie James Stevens, and Shawn Hill were jointly tried and convicted of a single count of trafficking in cocaine.[1] The trial court denied their motions for new trial, and the […]

133 S.E.2d 49 LIFE INSURANCE COMPANY OF GEORGIA v. BURKE. 39916.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1963. RUSSELL, Judge. The decision of this court in Life Ins. Co. of Ga. v. Burke, 107 Ga. App. 621 (131 S.E.2d 206) having been reversed by the Supreme Court of Georgia (Life Ins. Co. of Ga. […]

637 S.E.2d 783 HARRISON v. THE STATE. No. A06A1768.Court of Appeals of Georgia. DECIDED OCTOBER 20, 2006. ADAMS, Judge. Defendant Paul Harrison was found guilty of violating and conspiracy to violate the Racketeer Influenced and Corrupt Organizations Page 57 Act (RICO).[1] He appeals following the denial of his motion and amended motion for new trial. […]

15 S.E.2d 797 McCRORY STORES CORPORATION v. AHERN. 28823.Court of Appeals of Georgia. DECIDED JULY 16, 1941. The plaintiff’s petition, construed most strongly against her, does not show that the defendant was lacking in ordinary care in keeping the premises and approaches safe, as required by the Code, § 105-401. The judge erred in overruling […]

149 S.E.2d 378 MYERS v. JOHNSON. 41960.Court of Appeals of Georgia.ARGUED APRIL 4, 1966. DECIDED APRIL 20, 1966. REHEARING DENIED MAY 11, 1966. 1. The motion to dismiss, based on appellant’s failure to include in the enumeration of errors the statement of jurisdiction required by Rule 13 (c) of this court, is denied. 2. The […]

529 S.E.2d 167 KELLER v. THE STATE. A00A0447.Court of Appeals of Georgia. DECIDED JANUARY 31, 2000. ELDRIDGE, Judge. This is an appeal from the trial court’s denial of Gerald W. Keller’s out-of-time appeal. From the record, we adduce the following: On April 23, 1997, a Cherokee County jury convicted Keller of driving under the influence […]

123 S.E.2d 170 WHITE v. BORDERS; and vice versa. 39135, 39145.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1961. 1. The degree of care owed by the operator of a motor vehicle to a passenger, in the absence of a statute, is to be determined by the common law as interpreted by the courts of […]

152 S.E.2d 782 SMITH v. LIBERTY MUTUAL INSURANCE COMPANY et al. 42125.Court of Appeals of Georgia.SUBMITTED JULY 7, 1966. DECIDED NOVEMBER 3, 1966. REHEARING DENIED DECEMBER 7, 1966. JORDAN, Judge. The State Board of Workmen’s Compensation after a change in condition hearing on application of the employer entered an award reducing the claimant’s compensation from […]

560 S.E.2d 305 MOSLEY v. THE STATE. A01A2478.Court of Appeals of Georgia. February 13, 2002. MIKELL, Judge. A jury convicted Phillip L. Mosley of violating the Georgia Racketeer Influenced Corrupt Organizations (RICO) law by committing 22 predicate acts of theft by taking and of violating the Georgia Securities Act of 1973.[1] On appeal, Mosley asserts […]

180 S.E.2d 576 ROYAL GLOBE INDEMNITY COMPANY et al. v. THOMPSON. 45808.Court of Appeals of Georgia.ARGUED JANUARY 7, 1971. DECIDED JANUARY 22, 1971. REHEARING DENIED FEBRUARY 5, 1971. JORDAN, Presiding Judge. This is an appeal from an order affirming an award of the State Board of Workmen’s Compensation in favor of the claimant. Held: 1. […]

607 S.E.2d 201 WILLIAMS v. THE STATE. A04A2016.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 2004. MILLER, Judge. Willie Williams, Jr., appeals pro se after pleading guilty to armed robbery and possession of marijuana. On appeal he contends that his plea was involuntary, as it was made as a result of his trial counsel’s ineffectiveness. […]

595 S.E.2d 633 CAREY v. HOUSTON ORAL SURGEONS, LLC et al. A03A2405Court of Appeals of Georgia. DECIDED: FEBRUARY 24, 2004 MIKELL, Judge. Pursuant to the terms of purchase agreement, the Houston County Superior Court ordered Dr. Vincent M. Carey to pay attorney fees to the defendants in this case. After the entry of that order, […]

404 S.E.2d 346 C S INDUSTRIAL SUPPLY COMPANY, INC. v. PROCTOR GAMBLE PAPER PRODUCTS COMPANY. A90A2354.Court of Appeals of Georgia. DECIDED MARCH 15, 1991. CARLEY, Judge. After bringing suit against appellee-defendant, appellant-plaintiff failed to comply with certain requests for production of documents. Pursuant to appellee’s motion, the trial court entered an order compelling appellant’s production […]

347 S.E.2d 281 STATE FARM MUTUAL INSURANCE COMPANY v. KUHARIK et al. 72498.Court of Appeals of Georgia. DECIDED JUNE 16, 1986. REHEARING DENIED JULY 1, 1986. BANKE, Chief Judge. At issue in this appeal is whether punitive damages may be awarded to a plaintiff in a “John Doe” action brought to establish the liability of […]

64 S.E.2d 210 GARRARD v. McCASKILL. 33371.Court of Appeals of Georgia. DECIDED MARCH 16, 1951. The petition set out a cause of action, and the court did not err in overruling the demurrer to the petition. DECIDED MARCH 16, 1951. Complaint; from Sandersville City Court — Judge Evans. October 24, 1950. Mrs. E. B. McCaskill […]

660 S.E.2d 35 BLAIR et al. v. BISHOP et al. No. A07A2194.Court of Appeals of Georgia. DECIDED MARCH 14, 2008. RECONSIDERATION DENIED APRIL 3, 2008. BERNES, Judge. Jerry E. Blair and Betty L. Rawlins filed the instant lawsuit involving a land dispute against appellees Jerry L. Bishop, Mary E. Bishop, Julius E. Cruse, Terry A. […]

14 S.E.2d 599 LEWIS v. THE STATE. 28965.Court of Appeals of Georgia. DECIDED APRIL 30, 1941. The refusal to grant a new trial was not error. DECIDED APRIL 30, 1941. Possessing intoxicating liquor; from Millen city court — Judge L. P. Strickland. December 22, 1940. Charles G. Reynolds, for plaintiff in error. D. A. Bragg, […]

462 S.E.2d 627 PIONEER CONCRETE PUMPING SERVICE, INC. v. T B SCOTTDALE CONTRACTORS, INC. A95A0892.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1995. RECONSIDERATION DENIED SEPTEMBER 27, 1995. CERT. APPLIED FOR. BEASLEY, Chief Judge. Pioneer provided concrete pumping services to T B on a construction project. On August 30, 1991, while Pioneer was performing this […]

205 S.E.2d 42 WYNN v. FINLEY. 48807.Court of Appeals of Georgia.SUBMITTED JANUARY 10, 1974. DECIDED FEBRUARY 21, 1974. PANNELL, Judge. This is an appeal from a final judgment rendered against appellant in an action on contract submitted to the trial judge for decision without the intervention of a jury. The enumeration of errors goes to […]

256 S.E.2d 664 GOBBI v. HURT et al. 57606.Court of Appeals of Georgia.ARGUED APRIL 9, 1979. DECIDED MAY 17, 1979. CARLEY, Judge. Gobbi signed a contract on October 13, 1975, to purchase a home owned by Hurt. The contract contained 34 stipulations and a merger clause.[1] Shortly thereafter but prior to closing Gobbi and his […]

137 S.E.2d 312 WORLEY BROTHERS GRANITE COMPANY, Inc. v. HALL. 40664.Court of Appeals of Georgia. DECIDED MAY 13, 1964. PANNELL, Judge. Where, under the provisions of Code Ann. § 114-501 which require an employer to provide medical. surgical and other treatment for an employee suffering an Page 721 accidental injury arising out of and in […]

7 S.E.2d 804 DURHAM IRON COMPANY v. DURHAM. 28001.Court of Appeals of Georgia. DECIDED MARCH 7, 1940. REHEARING DENIED MARCH 23, 1940. 1. The motion to dismiss the writ of error is without merit and is denied. 2-4. Under the law and the evidence the jury was authorized to find against the claimant and that […]

108 S.E.2d 821 CITY OF ACWORTH v. McLAIN et al. 37562.Court of Appeals of Georgia. DECIDED APRIL 8, 1959. 1. The petition as amended, seeking damages for an abatable continuing nuisance accruing within four years of its filing, is not subject to general demurrer on the ground that suit is barred by the statute of […]

507 S.E.2d 188 JEFFERSON-PILOT LIFE INSURANCE COMPANY v. FRAKER. A98A1377.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1998. BEASLEY, Judge. Can an insurance company require its insured, who has received only partial compensation from the tortfeasor for his injuries, to reimburse the company for medical bills where the insurance contract requires the insured to pay […]

409 S.E.2d 249 DYER et al. v. INVESTORS SERVICES, INC. A91A0017.Court of Appeals of Georgia. DECIDED JULY 1, 1991. RECONSIDERATION DENIED JULY 25, 1991. BANKE. Presiding Judge. The appellee filed suit against MDM Partners-Oakwood (hereafter referred to as “MDM”) and its general partners, Ernest Dyer and Donald Paffenroth, seeking to recover an alleged indebtedness for […]

10 S.E.2d 209 SELPH v. GEORGIA STAGES INC. et al. 28235.Court of Appeals of Georgia. DECIDED MAY 1, 1940. REHEARING DENIED JULY 20, 1940. There was no error in overruling the motion for new trial. DECIDED MAY 1, 1940. REHEARING DENIED JULY 20, 1940. Action for damages; from Albany city court — Judge Clayton Jones. […]

116 S.E.2d 523 GLOVER v. MADDOX et al. 38443.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1960. FRANKUM, Judge. This case has been tried three times in Floyd Superior Court. The first two trials resulted in verdicts for the plaintiff which were reversed in Glover v. Maddox, 98 Ga. App. 548 (106 S.E.2d 288), and […]

330 S.E.2d 796 BLAND v. THE STATE. 69996.Court of Appeals of Georgia. DECIDED APRIL 16, 1985. POPE, Judge. Joe Louis Bland was tried and convicted of being an habitual violator. He was sentenced to serve five years. He now appeals. 1. Bland argues that the trial court erred in allowing the arresting officer to testify […]

285 S.E.2d 264 YOUNG v. CARROLLTON FEDERAL SAVINGS LOAN ASSOCIATION et al. 62121.Court of Appeals of Georgia. DECIDED OCTOBER 7, 1981. SOGNIER, Judge. Young, as executor of the estate of Margaret Goldsmith, filed a claim on a policy of credit life insurance issued by appellee, United Family Life Insurance Company (United Family), and purchased pursuant […]

131 S.E.2d 862 BOLTON v. THE STATE. 40124.Court of Appeals of Georgia. DECIDED JUNE 4, 1963. JORDAN, Judge. The defendant was convicted of the offense of cruelty to an animal. His amended motion for new trial was denied and he excepted to that judgment. Held: 1. The evidence in this case was sufficient to authorize […]

545 S.E.2d 103 ERNESTO ROMERO v. THE STATE. A01A0598.Court of Appeals of Georgia. DECIDED: JANUARY 29, 2001 MIKELL, Judge. Ernesto Romero was convicted of burglary by a Lowndes County jury. On appeal, Romero contends the trial court erred by admitting into evidence two fingerprint cards, which had not been produced in discovery. We disagree and […]

270 S.E.2d 329 PEASE et al. v. CITY OF COLLEGE PARK et al.; and vice versa. 59319, 59633.Court of Appeals of Georgia.ARGUED MARCH 6, 1980. DECIDED JUNE 30, 1980. BIRDSONG, Judge. Summary judgment. Nine named trustees of Wachovia Realty Investments brought a complaint against the City of College Park, its mayor, and council members. The […]

112 S.E.2d 804 GULF LIFE INSURANCE COMPANY v. BRASWELL. 38010.Court of Appeals of Georgia. DECIDED JANUARY 28, 1960. 1. The evidence was in dispute as to whether the insured suffered from the disease of diabetes, for which reason a finding of fact was not demanded that the amputation of the insured’s leg resulted from diabetic […]

176 S.E.2d 520 LIVINGSTON v. THE STATE. 45325.Court of Appeals of Georgia.SUBMITTED MAY 6, 1970. DECIDED JULY 6, 1970. DEEN, Judge. 1. “An adjourned term of court is but a continuation and a part of the regular term.” Carter v. State, Page 153 14 Ga. App. 242 (80 S.E. 533). Where without any order taken […]

380 S.E.2d 313 LEDBETTER et al. v. THE STATE. 77587.Court of Appeals of Georgia. DECIDED MARCH 7, 1989. REHEARING DENIED MARCH 21, 1989. SOGNIER, Judge. Danny William Ledbetter and Patricia Fay Ledbetter appeal their convictions on three counts of violation of the Georgia Controlled Substances Act. 1. In two enumerations of error appellants contend the […]

662 S.E.2d 804 DORRIS v. THE STATE. No. A08A0622.Court of Appeals of Georgia. DECIDED MAY 29, 2008. PHIPPS, Judge. At a bench trial, Connie Ann Dorris was found guilty of driving under the influence of alcohol to the extent that it was less safe for her to drive and of driving with an unlawful blood-alcohol […]