Category: Georgia Court of Appeals Opinions

229 S.E.2d 96 EMPLOYERS INSURANCE OF WAUSAU et al. v. WATTS et al. 52383.Court of Appeals of Georgia.ARGUED JULY 6, 1976. DECIDED SEPTEMBER 10, 1976. REHEARING DENIED SEPTEMBER 27, 1976. SMITH, Judge. This is an appeal from the judgment of the superior court affirming an award favorable to the claimant in a workmen’s compensation case. […]

127 S.E.2d 26 BURNS BRICK COMPANY v. ADAMS. 39568.Court of Appeals of Georgia. DECIDED JULY 6, 1962. REHEARING DENIED JULY 26, 1962. 1. The defendant’s counter-claim for damages resulting from the plaintiff’s alleged negligence while acting as the defendant’s agent was ex contractu. The charge instructing the jury that this counter-claim could not, as a […]

436 S.E.2d 534 HERNANDEZ v. RESOLUTION TRUST CORPORATION. A93A1654.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1993. RECONSIDERATION DENIED OCTOBER 14, 1993. JOHNSON, Judge. Southern Federal Savings Association of Georgia conducted a non-judicial foreclosure sale of Julio A. Hernandez’ property under the power contained in a deed to secure debt. Southern Federal’s successor in interest, […]

247 S.E.2d 215 JAMES v. MACK TRUCKS, INC. et al. 55678.Court of Appeals of Georgia.SUBMITTED APRIL 10, 1978. DECIDED JULY 13, 1978. SHULMAN, Judge. Appellant brought an action against Mack Trucks, Inc., seeking damages for loss of use of a truck entrusted to Mack for repairs. The suit was based on Mack’s alleged negligence which […]

10 S.E.2d 106 CUMMINGS v. ADAMS, administrator. 28113.Court of Appeals of Georgia. DECIDED JUNE 28, 1940. REHEARING DENIED JULY 26, 1940. 1. Where a share-cropper institutes proceedings to foreclose his laborer’s lien on the property of his landlord, and the latter dies pendente lite and his administrator is made a party defendant in his stead, […]

327 S.E.2d 527 PERRY v. THE STATE. 69009.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1985. POPE, Judge. The appellant Isham Edward Perry was indicted and tried with co-defendant Wayne T. Barton for the offenses of kidnapping and armed robbery. The jury convicted both men of each offense; Perry was sentenced to serve 20 years […]

592 S.E.2d 520 HOWELL v. GREENE REAL ESTATE COMPANY, INC. et al. 63553.Court of Appeals of Georgia. DECIDED JUNE 21, 1982. REHEARING DENIED JUNE 30, 1982. SOGNIER, Judge. Howell signed an exclusive agreement with an agent of Greene Real Estate Co. listing a 216.79 acre tract of land for sale for $190,000. Subsequently, Howell executed […]

421 S.E.2d 716 BLACKWELL v. GEORGIA REAL ESTATE COMMISSION. A92A0034.Court of Appeals of Georgia. DECIDED JUNE 3, 1992. RECONSIDERATION DISMISSED JULY 30, 1992. COOPER, Judge. Appellant appeals from the trial court’s order granting appellee’s motion to dismiss. Appellant, a former licensed real estate broker in Georgia, had his license revoked by appellee because of his […]

193 S.E.2d 279 WINN DIXIE STORES, INC. v. WHALEY (two cases). WHALEY et al. v. WINN DIXIE STORES, INC. 47437, 47438. 47439.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1972. DECIDED OCTOBER 20, 1972. EVANS, Judge. Mrs. Lillie Mae Whaley sued Winn Dixie Stores, Inc. for personal injuries alleged to have been sustained when she slipped […]

295 S.E.2d 541 BEEN v. THE STATE (two cases). 64513, 64685.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1982. McMURRAY, Presiding Judge. Defendant was indicted separately for three different offenses of arson in the first degree, that is, he did knowingly procure and cause other persons to damage by means of fire a certain building, […]

140 S.E.2d 75 PURSER et al. v. CHARLES S. MARTIN DISTRIBUTING COMPANY, INC. 40826.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1964. FRANKUM, Judge. This is a trover action brought to recover certain personal property alleged to be in the possession of the defendants, to which the plaintiff claims title. Attached to the petition is […]

526 S.E.2d 922 BENSON v. CARTER et al. A99A2083.Court of Appeals of Georgia. DECIDED: DECEMBER 15, 1999. PHIPPS, Judge. In 1996, Deborah Benson, who had been employed as a teacher in the Henry County School System, brought this action for wrongful discharge against the members of the Henry County Board of Education (Carter and others), […]

366 S.E.2d 187 IN THE INTEREST OF B. N. D. 75778.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1988. REHEARING DENIED FEBRUARY 22, 1988. POPE, Judge. Appellant, a juvenile, was adjudicated delinquent on the charges of aggravated assault, obscene or abusive language, theft by receiving stolen property and driving without a license. Appellant was placed […]

433 S.E.2d 301 ZUMBADO v. LINCOLN PROPERTY COMPANY. ALLSTATE INSURANCE COMPANY v. ZUMBADO. A93A0469, A93A0613.Court of Appeals of Georgia. DECIDED JUNE 2, 1993. RECONSIDERATION DENIED JUNE 24, 1993. ANDREWS, Judge. Zumbado appeals the grant of summary judgment to Lincoln Property Company d/b/a Woodland Apartments (Lincoln) and Allstate, her uninsured motorist carrier, cross-appeals the denial of […]

207 S.E.2d 708 SOUCHAK v. CLOSE. 49429.Court of Appeals of Georgia.ARGUED MAY 29, 1974. DECIDED JUNE 28, 1974. STOLZ, Judge. The plaintiff appeals from the grant of the defendant’s motion for summary judgment on the affirmative defense of accord and satisfaction. The essential facts are uncontroverted. The parties both owned summer homes on Cape Cod […]

345 S.E.2d 621 VIKOWSKY v. SAVANNAH APPLIANCE SERVICE CORPORATION (two cases). 72165, 72166.Court of Appeals of Georgia. DECIDED APRIL 30, 1986. REHEARING DENIED MAY 20, 1986. McMURRAY, Presiding Judge. On March 12, 1985, plaintiff brought suit against defendant alleging show was indebted to plaintiff in the amount of $277.02 pursuant to a retail installment contract. […]

257 S.E.2d 25 BROWN v. THE STATE. 57568.Court of Appeals of Georgia.ARGUED APRIL 9, 1979. DECIDED MAY 14, 1979. REHEARING DENIED MAY 29, 1979. CARLEY, Judge. Indicted for murder, Ms. Brown appeals her conviction of manslaughter, enumerating two errors. We conclude that neither requires reversal and affirm the judgment. 1. At the outset of the […]

318 S.E.2d 789 SCOTT v. THE STATE. 67898.Court of Appeals of Georgia. DECIDED MAY 22, 1984. BENHAM, Judge. Appellant was convicted of burglary. The evidence showed that appellant was employed in the apartment complex where the burglary occurred. He possessed a passkey which fit the victim’s door and was authorized by his employer to enter […]

355 S.E.2d 682 PARRISH v. THE STATE. 73330.Court of Appeals of Georgia. DECIDED MARCH 6, 1987. REHEARING DENIED MARCH 19, 1987. BEASLEY, Judge. Parrish owned isolated property in Gilmer County. The sheriff received information from citizens concerning marijuana and obtained a search warrant, which he and a deputy went to execute. Because of the property’s […]

476 S.E.2d 829 PIERRE v. THE STATE. A96A1757.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1996. Judge Harold R. Banke. Maxime Pierre was convicted of theft by receiving a motor vehicle, obstruction of an officer, armed robbery, kidnapping, and aggravated assault. Following the denial of his motion for new trial, Pierre enumerates two errors. Pierre […]

558 S.E.2d 426 JOHNS v. THE STATE. A01A2192.Court of Appeals of Georgia. DECIDED: DECEMBER 12, 2001 JOHNSON, Presiding Judge. A jury found Howard Johns, III guilty of two counts of child molestation, one count of aggravated child molestation, and one count of cruelty to children. Because each of Johns’ enumerations of error lacks merit, we […]

228 S.E.2d 395 PELUSO v. THE STATE. 52496.Court of Appeals of Georgia.SUBMITTED JULY 7, 1976. DECIDED JULY 16, 1976. REHEARING DENIED JULY 28, 1976. MARSHALL, Judge. Peluso appeals his conviction of theft by taking in that he stole currency of the United States in excess of $100 (approximately $450) during non-business hours from an unsecured […]

6 S.E.2d 78 GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION LTD. v. KIMBERLY. 27643.Court of Appeals of Georgia. DECIDED NOVEMBER 28, 1939. The provisions of the truck-owner’s policy of liability insurance applicable in the instant case were: “3. Definition of `insured.’ The unqualified word `insured’ wherever used in coverages A and B and in other […]

677 S.E.2d 760 UNIVERSAL UNDERWRITERS GROUP v. SOUTHERN GUARANTY INSURANCE COMPANY. No. A09A0048.Court of Appeals of Georgia. DECIDED APRIL 22, 2009. JOHNSON, Presiding Judge. On March 30, 2004, the storefront of JJ Auto Service in Villa Rica was damaged when it was struck by a truck driven by an employee of Hinton Mitchum Tractor Company. […]

288 S.E.2d 866 BROWN v. THE STATE. 63144.Court of Appeals of Georgia. DECIDED MARCH 5, 1982. REHEARING DENIED MARCH 18, 1982. CARLEY, Judge. Appellant appeals from his conviction of armed robbery. 1. In related enumerations of error appellant asserts that the trial court erred in denying his motion to suppress photographic and line-up identification evidence […]

624 S.E.2d 227 THE BOEING COMPANY v. BLANE INTERNATIONAL GROUP, INC.; and vice versa. A05A1843, A05A1844.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 2005. RECONSIDERATIONS DENIED DECEMBER 6, 2005 JOHNSON, Presiding Judge. Blane International Group, Inc. sued The Boeing Company for the price of two Russian-made missile launchers which Blane alleged Boeing had agreed to […]

574 S.E.2d 433 IN THE INTEREST OF: C. M., E. M., AND A. D. M., children. A02A1264.Court of Appeals of Georgia. DECIDED: NOVEMBER 15, 2002 BARNES, Judge. The natural parents of C. M., E. M., and A. D. M. appeal the juvenile court’s decision to terminate their parental rights. Because the appeals concern the termination […]

23 S.E.2d 507 ADAMS et al. v. EVANS. 29742.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1942. The evidence authorized the verdict for the plaintiff, and no error of law appearing, the court did not err in overruling the motion for new trial. DECIDED DECEMBER 4, 1942. Damages; from Richmond city court — Judge Chambers. […]

390 S.E.2d 280 BROOKS v. KROGER COMPANY. A89A2340.Court of Appeals of Georgia. DECIDED JANUARY 10, 1990. POPE, Judge. This is an appeal from the grant of summary judgment to defendant The Kroger Company (Kroger) in this slip and fall case. Plaintiff Brooks slipped upon a broken egg in the aisle of Kroger’s store and fell. […]

427 S.E.2d 527 HARDAWAY v. THE STATE. A92A2233.Court of Appeals of Georgia. DECIDED JANUARY 22, 1993. BLACKBURN, Judge. On May 17, 1992, the appellant, Roosevelt Hardaway, was charged with speeding by a Georgia State Patrol officer when a radar device clocked the speed of Hardaway’s vehicle at 72 mph in a 55 mph zone. During […]

458 S.E.2d 707 WORKMAN v. McNEAL AGENCY, INC. A95A0004.Court of Appeals of Georgia. DECIDED JUNE 30, 1995. BIRDSONG, Presiding Judge. Shelby J. Freeman Workman appeals the grant of summary judgment to McNeal Agency, Inc., on her claims alleging that the McNeal Agency failed to procure insurance coverage for her property. The record shows Workman owned […]

184 S.E.2d 479 CHEROKEE CREDIT LIFE INSURANCE COMPANY v. GLISSON et al.; and vice versa. 46326, 46367.Court of Appeals of Georgia.SUBMITTED JUNE 30, 1971. DECIDED OCTOBER 5, 1971. WHITMAN, Judge. These appeals arise out of a suit on an alleged policy of credit life insurance. The suit was instituted by Mrs. Gertrude G. Glisson, as […]

190 S.E.2d 818 WILLIAMS v. BELL. 47180.Court of Appeals of Georgia.ARGUED MAY 8, 1972. DECIDED MAY 26, 1972. REHEARING DENIED JUNE 13, 1972. 1. Since a party may contract to sell property which is not then owned with his liability being damages for breach of contract if unable to make delivery by consummation date, such […]

504 S.E.2d 536 JOHNSON v. KIMBERLY CLARK. A98A0736.Court of Appeals of Georgia. DECIDED JULY 16, 1998. ELDRIDGE, Judge. Michael Johnson, plaintiff-appellant, appeals from the trial court’s grant of summary judgment to Kimberly Clark, defendant-appellee, on his premises liability claim for a crushed thumb suffered while painting safety poles on Kimberly Clark’s premises. Plaintiff was employed […]

183 S.E.2d 574 WELSH et al. v. FOWLER et al. 46124.Court of Appeals of Georgia.ARGUED APRIL 5, 1971. DECIDED SEPTEMBER 7, 1971. None of the 22 enumerations of error shows reversible error. ARGUED APRIL 5, 1971 — DECIDED SEPTEMBER 7, 1971. Action for damages. DeKalb Superior Court. Before Judge Thibadeau. The plaintiffs, Norman Welsh and […]

632 S.E.2d 165 DRAKE v. DRAKE. A06A0771.Court of Appeals of Georgia. DECIDED MAY 25, 2006. MIKELL, Judge. In this discretionary appeal, Robert B. Drake contends that the trial court erred in denying his complaint to establish child support. For reasons that follow, we affirm the judgment. The record shows that appellant Robert B. Drake and […]

240 S.E.2d 266 ANDREWS et al. v. BUCKNER. 54356.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1977. DECIDED OCTOBER 25, 1977. REHEARING DENIED NOVEMBER 15, 1977. BIRDSONG, Judge. Appellants, Andrews and Metropolitan Atlanta Rapid Transit Authority (MARTA), bring this appeal from a jury verdict and judgment in favor of Buckner in the amount of $24,000, arising […]

569 S.E.2d 259 PHOUKPHANH v. THE STATE. A02A1500.Court of Appeals of Georgia. DECIDED: JULY 16, 2002 BLACKBURN, Chief Judge. Following a jury trial, Anousone Phoukphanh appeals his convictions for the false imprisonment of Young Uhl and Angie Park, contending that the evidence was insufficient to support the verdict. We disagree and affirm. On appeal from […]

312 S.E.2d 851 DUNN v. THE STATE. 66956.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1983. REHEARING DENIED DECEMBER 20, 1983. SHULMAN, Chief Judge. This appeal is from appellant’s conviction of the misdemeanor offense of false report of a crime (OCGA § 16-10-26 (Code Ann. § 26-2509)). In two enumerations of error, appellant raises the […]

115 S.E.2d 693 SOUTHERN RAILWAY SYSTEM v. YANCEY. 38250.Court of Appeals of Georgia. DECIDED JUNE 23, 1960. REHEARING DENIED JULY 13, 1960. FRANKUM, Judge. This is the second appearance of this case in this court. The first, Yancey v. Southern Ry. Co., 99 Ga. App. 493 (109 S.E.2d 300), determined the sufficiency of the pleadings […]

594 S.E.2d 680 FACILLE v. THE STATE. A03A1756Court of Appeals of Georgia. DECIDED: FEBRUARY 5, 2004 MILLER, Judge. Following a jury trial, Mark Facille was convicted of possession of methamphetamine. He appeals, challenging the sufficiency of the evidence and claiming the court erred in admitting the methamphetamine exhibit over his chain-of-custody objection. We discern no […]

126 S.E.2d 307 WRIGHT v. LANSDALE CLOTHES, INC. 39124.Court of Appeals of Georgia. DECIDED MAY 22, 1962. FELTON, Chief Judge. The Supreme Court having reversed on certiorari the judgment of this court in Wright v. Lansdale Clothes, Inc., 105 Ga. App. 142, 123 S.E.2d 668 (Lansdale Clothes, Inc. v. Wright, 217 Ga. 817, 125 S.E.2d […]

203 S.E.2d 277 APPLEGARTH SUPPLY COMPANY, INC. v. SCHAFFER et al. 48095.Court of Appeals of Georgia.ARGUED APRIL 3, 1973. DECIDED OCTOBER 31, 1973. REHEARING DENIED NOVEMBER 30, 1973. QUILLIAN, Judge. Applegarth Supply Co., Inc. filed its complaint in the Civil Court of Fulton County in three counts, naming as defendants Gridiron Investments, Inc. (hereinafter referred […]

131 S.E.2d 130 THE 33 PONCE DE LEON CORPORATION v. ALLEN. 40134.Court of Appeals of Georgia. DECIDED MAY 14, 1963. EBERHARDT, Judge. In a suit against a corporation by one who, while its president, made advances to third parties allegedly “for the sole benefit of the [corporation] . . . with [its] knowledge and consent, […]

225 S.E.2d 716 VENABLE et al. v. PAYNE. 51845.Court of Appeals of Georgia.ARGUED MARCH 1, 1976. DECIDED MARCH 12, 1976. REHEARING DENIED MARCH 25, 1976. EVANS, Judge. Maxine’s, Inc., a corporation engaged in the interior design business, was sold by its shareholders to another. Considerable sums had been borrowed by the corporation from Granville Payne. […]

653 S.E.2d 518 VELASQUEZ v. THE STATE. No. A07A1250.Court of Appeals of Georgia. DECIDED OCTOBER 26, 2007. ADAMS, Judge. On appeal from his conviction after a bench trial for driving under the influence (DUI), Alberto Velasquez argues that the trial court erred in denying his motion to suppress because the roadblock at which he was […]

24 S.E.2d 69 RILEY v. THE STATE. 29903.Court of Appeals of Georgia. DECIDED JANUARY 12, 1943. BROYLES, C. J. The defendant was tried in the criminal court of Fulton County for the offense of operating a lottery, known as the “number game,” for the hazarding of money. The judge, sitting without a jury, rendered a […]

452 S.E.2d 558 LEDEE v. KISSIAH. A94A1474.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1994. RECONSIDERATION DENIED DECEMBER 5, 1994. CERT. APPLIED FOR. POPE, Chief Judge. Defendant William A. Ledee, pro se, appeals the trial court’s order Page 851 dismissing his original notice of appeal for failure to pay costs, arguing that the trial court […]

264 S.E.2d 323 GARCIA v. THE STATE. 58609.Court of Appeals of Georgia.SUBMITTED OCTOBER 2, 1979. DECIDED JANUARY 8, 1980. CARLEY, Judge. Garcia was convicted in 1974 of a narcotics violation by a federal court in Ohio and sentenced to serve ten years in prison. He was paroled on July 13, 1977, and on October 22, […]

411 S.E.2d 62 FUDGE et al. v. WEISSINGER. A91A0798.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1991. RECONSIDERATION DENIED OCTOBER 7, 1991. CARLEY, Judge. Appellant-plaintiffs brought suit on account against appellee-defendant and two others who are not parties to this appeal. Attached Page 410 to the complaint was a statement of services rendered, which named […]

108 S.E.2d 171 DUPREE v. TURNER. 37492.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1959. REHEARING DENIED MARCH 30, 1959. QUILLIAN, Judge. 1. Where, in a proceeding under the terms of Section 1 of the Act of the General Assembly of 1935 (Ga. L. 1935, p. 381; Code, Ann., §§ 37-608 to 37-611), providing for […]

102 S.E.2d 87 BERSTON v. FUTO. 37015.Court of Appeals of Georgia. DECIDED JANUARY 23, 1958. 1. A petition alleging that the defendant for a stated sum agreed to repair the plaintiff’s automobile in a satisfactory and workmanlike manner, that the plaintiff has paid the full contract price, but the repairs have never been completed, sets […]

463 S.E.2d 735 R.R.R. LIMITED PARTNERSHIP v. INVESTGUARD LTD. et al. A95A1332.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1995. POPE, Presiding Judge. Appellant/plaintiff R. R. R. Limited Partnership (“R. R. R.”) appeals the grant of a directed verdict in favor of defendants Investguard, The Money Source and Stedry on the conspiracy count of its […]

91 S.E.2d 133 HUNT v. THE STATE. 35940.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1955. CARLISLE, J. 1. If after having lawfully left his children they become dependent, and the absent father then voluntarily and wilfully fails to support them, he violates the provisions of Code (Ann. Supp.) § 74-9902. Brown v. State, 122 […]

570 S.E.2d 696 BORISON et al. v. CHRISTIAN et al. A02A1038.Court of Appeals of Georgia. Decided September 4, 2002 MILLER, Judge. The Borisons sued to recover a claimed overpayment to defendants Christian and Smith. There was no dispute that the amount defendants received from the Borisons for posting bailbonds for a Borison family member exceeded […]

683 S.E.2d 1 DUPREE v. SOUTH ATLANTIC CONFERENCE OF SEVENTH-DAY ADVENTISTS, INC. et al. No. A09A0722.Court of Appeals of Georgia. DECIDED APRIL 16, 2009. RECONSIDERATION DENIED JULY 24, 2009. JOHNSON, Presiding Judge. In August 2006, Ronald DuPree entered into an agreement to buy a parcel of real property owned by the South Atlantic Conference of […]

608 S.E.2d 732 NAVAJO CONSTRUCTION, INC. v. BRIGHAM et al. A04A2272.Court of Appeals of Georgia. DECIDED DECEMBER 16, 2004. ELLINGTON, Judge. The Superior Court of Floyd County denied Navajo Construction, Inc.’s motion for summary judgment on its trespass claim against Allen and Amy Brigham and granted the Brighams’ cross-motion for summary judgment on that claim. […]

9 S.E.2d 697 WILLIAMS v. THE STATE. 28291.Court of Appeals of Georgia. DECIDED JUNE 13, 1940. 1. The evidence, though circumstantial, authorized the conviction of a violation of the Code, § 26-6502 (lottery), to the exclusion of every other reasonable hypothesis. 2. Where the defendant sought to explain possession by her of certain lottery tickets […]

547 S.E.2d 679 THE STATE v. GIBBONS et al. A00A1885.Court of Appeals of Georgia. DECIDED: MARCH 30, 2001 BARNES, Judge. Pursuant to O.C.G.A. § 5-7-1 (a) (4), the State of Georgia appeals the trial court’s grant of a motion to suppress filed by Michael Stinemetz and Vincent Gibbons. The State contends the trial court erred […]

541 S.E.2d 130 ROPER v. THE STATE. A00A1924.Court of Appeals of Georgia. DECIDED: OCTOBER 25, 2000 MILLER, Judge. With the assistance of counsel, Jacob Roper pled nolo contendere to a single-count indictment charging him with aggravated assault by cutting the neck of Ron Graham with a knife, and was granted first offender treatment. This judgment […]

416 S.E.2d 359 CURTIS v. ALLSTATE INSURANCE COMPANY. A92A0512.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1992. McMURRAY, Presiding Judge. Barbara Curtis (plaintiff) brought an action against unknown motorist “John Doe” alleging she was injured in an automobile collision as a result of Doe’s negligence. Plaintiff served Allstate Insurance Page 26 Company (“Allstate”) as the […]

406 S.E.2d 118 SMITH v. THE STATE. A91A0075.Court of Appeals of Georgia. DECIDED MAY 28, 1991. COOPER, Judge. The appellant, charged in the Superior Court of Fulton County with violations of the Georgia Controlled Substances Act, moved for discharge and acquittal based on the State’s failure to honor his demand for trial and try him […]

561 S.E.2d 853 HILL et al. v. CENTENNIAL/ASHTON PROPERTIES CORPORATION et al. A01A2434.Court of Appeals of Georgia. DECIDED: MARCH 8, 2002 MILLER, Judge. Anita Hill appeals from the trial court’s order granting her former attorney’s motion to foreclose a lien for attorney fees. On appeal she contends that the trial court erred by (i) finding […]

308 S.E.2d 569 SAVANNAH IRON FENCE CORPORATION v. MITCHELL. SOUTHEASTERN STEEL CONTRACTORS, INC. v. MITCHELL. 66390, 66391.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1983. REHEARING DENIED OCTOBER 3, 1983. CARLEY, Judge. On December 6, 1979, plaintiff-appellee allegedly was injured while engaged in construction work. On May 29, 1981, well within the period of limitations, […]

17 S.E.2d 247 GULF LIFE INSURANCE CO. v. MATTHEWS. 29098.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1941. REHEARING DENIED NOVEMBER 18, 1941. 1. Under the evidence, which was substantially the same as that on the former appearance of the case before this court, and the rulings then made as the law of the case, […]

270 S.E.2d 42 GRANT v. THE STATE. 59069.Court of Appeals of Georgia.SUBMITTED JANUARY 10, 1980. DECIDED MAY 29, 1980. BIRDSONG, Judge. Eddie Grant, an inmate at Lowndes Correctional Institution, was convicted of possession of a deadly weapon while in confinement. He brings this appeal, enumerating two errors Held: Our disposition of the first enumeration of […]

30 S.E.2d 361 JAMES v. EMMCO INSURANCE COMPANY INC. 30465.Court of Appeals of Georgia. DECIDED MAY 12, 1944. REHEARING DENIED MAY 27, 1944. 1. The finding of the judge, trying the case without the intervention of a jury, that the defendant executed the instrument sued on, is supported by evidence, and will not be disturbed […]

625 S.E.2d 16 BROWN et al. v. DORSEY et al. A05A1129.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 2005. MIKELL, Judge. Phyllis Brown, widow of murdered DeKalb County Sheriff-elect Derwin Brown, filed an action against the County, former DeKalb County Sheriff Sidney Dorsey, former deputies Patrick Cuffy and Melvin Walker, and their co-conspirators, Paul Skyers […]

107 S.E.2d 691 ARMOUR COMPANY v. WALKER. 37458.Court of Appeals of Georgia. DECIDED JANUARY 20, 1959. REHEARING DENIED FEBRUARY 5, 1959. 1. Where an employee receives an injury arising out of and in the course of his employment which results in a partial loss of use to each of his legs, and which injury totally […]

415 S.E.2d 8 EDWARDS v. THE STATE. A91A1739.Court of Appeals of Georgia. DECIDED JANUARY 7, 1992. BIRDSONG, Presiding Judge. Charlie Edwards was convicted of violating the Georgia Controlled Substances Act. He asserts as error on appeal the trial court’s denial of information concerning the identity of the confidential informant in the case. Held: Appellant argues […]

340 S.E.2d 240 STATE OF GEORGIA v. BATTISE. 71475.Court of Appeals of Georgia. DECIDED JANUARY 24, 1986. BIRDSONG, Presiding Judge. The State appeals from a denial of its libel for condemnation by the trial court. On February 7, 1985, police officer James H. Hieronymus of the Chatham County Metro Drug Squad, observed Willie Battise, Jr., […]

701 S.E.2d 911 GREENE v. GREENE; and vice versa. Nos. A10A1463, A10A1464.Court of Appeals of Georgia. DECIDED OCTOBER 1, 2010. MIKELL, Judge. Mark Carroll Greene (“Husband”) and Alla Yuriyevna Greene (“Wife”) were divorced by the Superior Court of Gwinnett County on September 14, 2005, when the court entered a final judgment and decree of divorce, […]

96 S.E.2d 382 EVERETT, Next Friend, v. CLEGG. EVERETT v. CLEGG. 36332, 36333.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1956. REHEARING DENIED DECEMBER 4, 1956. 1. Where the general grounds of a motion for a new trial are not argued or generally insisted upon in the brief of counsel for the plaintiff in error […]

265 S.E.2d 854 PIRKLE v. TRIPLETT. 59000.Court of Appeals of Georgia.ARGUED NOVEMBER 6, 1979. DECIDED FEBRUARY 19, 1980. CARLEY, Judge. Plaintiff-appellant brought suit for personal injuries sustained when his automobile struck defendant-appellee’s bull on a public highway. On June 23, 1978, the jury returned a verdict for appellee. On June 28, 1978, judgment was entered […]

361 S.E.2d 722 FLINT v. GUST et al. 73392.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1987. BANKE, Presiding Judge. The Supreme Court has reversed on certiorari our prior decision in this case, wherein we held, in reliance on Coe Payne Co. v. Wood-Mosaic Corp., 230 Ga. 58 (195 S.E.2d 399) (1973), that the trial […]

389 S.E.2d 550 KENDALL v. CURTIS et al. A89A1304.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1989. REHEARING DENIED DECEMBER 19, 1989. BENHAM, Judge. Appellant owns a parcel of real estate that is contiguous with a parcel owned by appellee Effie Curtis and with a parcel owned by appellees William and Joan Curtis. Appellant’s southern […]

11 S.E.2d 40 SWEAT v. THE STATE. 28537.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1940. The evidence authorized the verdict of voluntary manslaughter. The judge did not err in overruling the motion for new trial. DECIDED OCTOBER 2, 1940. Manslaughter; from Cook superior court — Judge W. R. Smith. May 18, 1940. H. B. […]

601 S.E.2d 405 BROWN v. THE STATE. A04A0584.Court of Appeals of Georgia. DECIDED JUNE 18, 2004. MIKELL, Judge. A jury found Donnell Brown guilty of armed robbery, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. After denying his motion for new trial, the court […]

633 S.E.2d 360 BAXLEY v. HAKIEL INDUSTRIES, INC. et al. No. A06A0715.Court of Appeals of Georgia. DECIDED JUNE 9, 2006. RECONSIDERATION DENIED JUNE 23, 2006. JOHNSON, Presiding Judge. After consuming a number of alcoholic beverages at two different bars, Mary Karafiat drove into Marcus Baxley, causing him serious brain damage and other injuries. Baxley then […]

345 S.E.2d 151 STANSELL v. ST. PAUL FIRE MARINE INSURANCE COMPANY. WILSON v. ST. PAUL FIRE MARINE INSURANCE COMPANY. 72379, 72380.Court of Appeals of Georgia. DECIDED MAY 9, 1986. DEEN, Presiding Judge. On August 29, 1981, Barry Stansell was injured when he fell from a 1979 Ford van that was owned by Continental Tile Service, […]

399 S.E.2d 265 WALTON ACOUSTICS, INC. v. CURRAHEE CONSTRUCTION COMPANY, INC. A90A1069.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1990. POPE, Judge. This is an appeal from the trial court’s grant of the motion of Currahee Construction Company, Inc. (Currahee) to vacate an arbitration award. Walton Acoustics, Inc. (Walton) and Currahee had entered arbitration pursuant […]

405 S.E.2d 698 ARFORD v. BLALOCK; and vice versa. BLALOCK v. WILENSKY. GULF STATES MORTGAGE COMPANY, INC. v. BLALOCK, and vice versa. A90A1886, A90A1890, A90A1887, A90A1888, A90A1889.Court of Appeals of Georgia. DECIDED MARCH 14, 1991. REHEARINGS DENIED MARCH 29, 1991. POPE, Judge. In 1982 Eulas Blalock and Anthony Arford commenced a mortgage banking business operating […]

169 S.E.2d 611 TRUSSELL et al. v. LAWRENCE. 44376.Court of Appeals of Georgia.ARGUED APRIL 7, 1969. DECIDED JUNE 13, 1969. REHEARING DENIED JULY 3, 1969. 1. Knowledge on the part of a guest passenger that the driver of the automobile is under the influence of intoxicating beverages is not, able to drive safely so as […]

128 S.E.2d 533 HOUSING AUTHORITY OF THE CITY OF ATLANTA v. HARD et al. 39685.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1962. REHEARING DENIED NOVEMBER 8, 1962. “The owner of land taken for public use cannot recover therefore an enhanced value which it had acquired merely by reason of the taking or as a […]

351 S.E.2d 103 FAVORS v. THE STATE. 73233.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1986. SOGNIER, Judge. Appellant was convicted of terroristic threats and acts, and he appeals. 1. Appellant contends the trial court erred by allowing opinion testimony by a lay person as to appellant’s intent. The instant case arose after appellant was […]

507 S.E.2d 504 FARLEY v. THE STATE. A98A2194.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1998 — RECONSIDERATION DENIED OCTOBER 16, 1998. ELDRIDGE, Judge. Edward Farley III was convicted by a jury for the offense of sale of marijuana. He appeals from the denial of his motion for new trial. Without challenging the sufficiency of […]

270 S.E.2d 260 FRIER v. THE STATE. 60894.Court of Appeals of Georgia. DECIDED JANUARY 8, 1981. CARLEY, Judge. Appellant appeals her conviction of aggravated assault on a peace officer. Appellant’s sole enumeration of error attacks the giving of the following charge: “The Defendant bears the burden of showing by a preponderance of the evidence that […]

464 S.E.2d 262 ROBERSON v. THE STATE A95A1530Court of Appeals of Georgia. DECIDED NOVEMBER 27, 1995 RUFFIN, Judge. David Roberson was indicted for rape and kidnapping with bodily injury in connection with an attack on a 15-year-old girl who was baby-sitting his children. His first jury trial was declared a mistrial, and he appeals from […]

14 S.E.2d 156 CRAIG v. BAGGS; and vice versa. 28737, 28742.Court of Appeals of Georgia. DECIDED APRIL 4, 1941. 1. The petition was not subject to the demurrer that the contract sued on was unenforceable as being within the statute of frauds. 2. The auditor erred in admitting testimony of the defendant as to the […]

456 S.E.2d 110 CAMPBELL v. POYTHRESS. A95A0715.Court of Appeals of Georgia. DECIDED MARCH 23, 1995. BLACKBURN, Judge. We granted Greg Campbell’s application for discretionary appeal to determine whether a substitute teacher is entitled to unemployment benefits under Georgia’s Employment Security Law. Greg Campbell was employed with the Atlanta Public Schools as a substitute teacher from […]

569 S.E.2d 636 MURRAY v. THE STATE. A02A1073.Court of Appeals of Georgia. DECIDED: JULY 26, 2002 JOHNSON, Presiding Judge. A jury found Andre Ladell Murray guilty of aggravated assault. He appeals, alleging the evidence is insufficient to support his conviction, the trial court erred in refusing to charge the jury on the lesser-included offenses of […]

554 S.E.2d 781 HUDSON v. THE STATE. A01A1091.Court of Appeals of Georgia. DECIDED: SEPTEMBER 19, 2001 MILLER, Judge. A jury found Bromekis Hudson guilty of child molestation. On appeal, Hudson claims the trial court erred in denying his several motions for a mistrial because the State improperly placed his character into issue. He also claims […]

596 S.E.2d 705 MARTIN v. THE STATE. A03A2019.Court of Appeals of Georgia. DECIDED MARCH 10, 2004. BARNES, Judge. Bruce Martin appeals his conviction of theft by taking a motor vehicle. He contends the trial court erred by denying his motion to modify an illegal sentence. His allegation is based on the court allegedly sentencing him […]

407 S.E.2d 462 LOMAX v. THE STATE. A91A0599.Court of Appeals of Georgia. DECIDED JUNE 27, 1991. BEASLEY, Judge. Following Lomax’s plea of guilty to theft by receiving stolen property, OCGA § 16-8-7, the trial court ordered that Lomax pay restitution to the owner of the stolen 1964 Chevrolet Malibu. Lomax contends that the amount was […]

424 S.E.2d 18 HARVEY v. THE STATE. A92A1546.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1992. RECONSIDERATION DISMISSED OCTOBER 20, 1992. POPE, Judge. Defendant Hamus Lee Harvey was convicted of armed robbery and appeals. 1. Defendant’s accomplice pleaded guilty to the offense. Eight days after the robbery the accomplice gave a statement in which he […]

415 S.E.2d 308 ALLSTATE INSURANCE COMPANY v. CITY OF ATLANTA. A91A1590.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1992. BEASLEY, Judge. Allstate appeals the grant of summary judgment on the defendant city’s cross-claim against insurer Allstate for indemnification in this negligence and nuisance action brought by Allstate’s insured, Kleeman, as the result of a collision […]

16 S.E.2d 609 CURRY, administratrix, v. ATLANTIC COAST LINE RAILROAD COMPANY. 29134.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1941. 1. The work at which the plaintiff’s husband was engaged at the time he was killed was that of an ordinary, nonexpert laborer. The trestle upon which he was working was a simple and ordinary […]

121 S.E.2d 710 ROBERSON v. THE STATE. 39002.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1961. JORDAN, Judge. Cecil Roberson was tried and convicted in the City Court of Floyd County for the offense of stabbing. His amended motion for new trial was denied and he excepted to that judgment. Held: “Unless there be great […]