Category: Georgia Court of Appeals Opinions

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 […]

621 S.E.2d 615 THE STATE v. DYER. A05A1289.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 2005. MILLER, Judge. Christina Dyer pled guilty to DUI and was convicted. The State appeals, arguing that the trial court erred in failing to sentence Dyer to the mandatory minimum period of imprisonment. We agree, vacate the sentence imposed, and […]

164 S.E.2d 565 MORGAN v. MIZE et al. 43877.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 3, 1968. DECIDED OCTOBER 3, 1968. REHEARING DENIED OCTOBER 18, 1968. EBERHARDT, Judge. 1. A judgment entered upon a directed verdict not actually signed by the jury is not void or illegal. CPA § 50 (a) (Code Ann. § 81A-150 (a)); […]

157 S.E.2d 30 HAYES v. THE STATE. 42907.Court of Appeals of Georgia.SUBMITTED JULY 10, 1967. DECIDED SEPTEMBER 5, 1967. WHITMAN, Judge. This case is an appeal by Eugene Hayes from a judgment of conviction and sentence based upon a verdict of guilty of the offense of driving while under the influence of intoxicating liquors. The […]

277 S.E.2d 326 BOWENS v. THE STATE. 61301.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1981. QUILLIAN, Chief Judge. Defendant appeals his conviction for forgery in the first degree. Defendant was indicted in August 1979 on two counts of forgery in the first degree. Because the allegations of the indictment described only forgery in the […]

426 S.E.2d 22 HURST BOILER WELDING COMPANY, INC. v. FIRSTLINE CORPORATION. A92A1516.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1992. RECONSIDERATION DENIED NOVEMBER 24, 1992. JOHNSON, Judge. Firstline Corporation brought this action against Hurst Boiler Welding Company, Inc., seeking damages for the negligent repair of its boiler. The boiler supplies hot oil to a laminating […]

560 S.E.2d 333 PERSINGER et al. v. STEP BY STEP INFANT DEVELOPMENT CENTER. P-090 A01A2001.Court of Appeals of Georgia. DECIDED: FEBRUARY 15, 2002 POPE, Presiding Judge. James Persinger, an eighteen-month-old child, broke his left femur while in the custody and care of a daycare center called Step By Step Development Center. The child’s parents filed […]

230 S.E.2d 86 ARLINGTON APARTMENTS v. JOHNS. 52768.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1976. DECIDED OCTOBER 19, 1976. WEBB, Judge. There being sufficient competent evidence to support the award of the State Board of Workmen’s Compensation, the judgment of the superior court affirming the award must be affirmed, under the “any evidence” rule. Kissel […]

387 S.E.2d 148 ANDERSON v. THE STATE. A89A0980.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1989. BEASLEY, Judge. Anderson, indicted with his wife Donna, appeals his convictions for possession with intent to distribute cocaine and marijuana (OCGA § 16-13-30 (b)). She pled guilty to misdemeanor possession of marijuana. 1. Defendant’s brief and enumerations of error […]

608 S.E.2d 693 GARRETT et al. v. WALLACE OIL COMPANY, INC. et al. A04A0945.Court of Appeals of Georgia. DECIDED DECEMBER 1, 2004. RECONSIDERATION DENIED DECEMBER 15, 2004. ADAMS, Judge. Willie Lee Garrett, individually and as administrator of the estate of Marchello Tyree Garrett, filed a wrongful death action against Wallace Oil Company, Inc. and Viral […]

431 S.E.2d 136 JONES v. THE STATE. A93A0328.Court of Appeals of Georgia. DECIDED APRIL 13, 1993. JOHNSON, Judge. Billie Jones pled guilty to violation of the Georgia Controlled Substances Act (sale of Alprazolam). At the sentencing hearing, defense counsel requested that the court grant first offender treatment for Jones. The trial judge denied the request, […]

217 S.E.2d 378 SUMMEROUR v. THE STATE. 50552.Court of Appeals of Georgia.ARGUED APRIL 29, 1975. DECIDED JUNE 9, 1975. EVANS, Judge. Defendant was indicted on four counts for possession and sale of narcotics (heroin). Count 1 charged him with possession on May 15, 1974, and Count 2 charged him with sale on May 15, 1974. […]

54 S.E.2d 326 COLONIAL FINANCE CO. v. ANTHONY. 32558.Court of Appeals of Georgia. DECIDED JULY 14, 1949. REHEARING DENIED JULY 28, 1949. 1. Where a chattel mortgage is executed in another State on property afterwards brought into this State, it must be recorded in the county where it is located within six months after being […]

535 S.E.2d 343 SWANTNER v. THE STATE. A99A0730.Court of Appeals of Georgia. DECIDED: JUNE 8, 2000 SMITH, Judge. Shawn Swantner appeals from the superior court’s order denying his motion to withdraw his guilty plea to one count of sale of cocaine, one count of trafficking in cocaine, one count of sale of marijuana, one count […]

164 S.E.2d 850 TRAVELERS INSURANCE COMPANY et al. v. MADDOX. 43995.Court of Appeals of Georgia.ARGUED OCTOBER 8, 1968. DECIDED NOVEMBER 1, 1968. HALL, Judge. The employer and insurer appeal from a judgment affirming an award of workmen’s compensation for the widow and children of a deceased employee. (The Chairman of the State Board of Workmen’s […]

371 S.E.2d 663 LARSON v. TANDY CORPORATION. 75879.Court of Appeals of Georgia. DECIDED JULY 5, 1988. REHEARING DENIED JULY 21, 1988. BEASLEY, Judge. Larson appealed the grant of summary judgment against him in his suit arising from Tandy Corporation’s termination of the business relationship between them. Tandy is a nationwide retailer of electronic goods to […]

9 S.E.2d 104 PULLEN v. GEORGIA STAGES INC. 28130.Court of Appeals of Georgia. DECIDED MAY 16, 1940. It clearly appearing from the amended petition that the negligence of the driver of the automobile that struck and injured the plaintiff’s minor child after the child had stepped from behind the defendant’s parked bus into the open […]

222 S.E.2d 154 SPIKES v. CARTER REALTY COMPANY et al. 51459.Court of Appeals of Georgia.SUBMITTED NOVEMBER 5, 1975. DECIDED NOVEMBER 19, 1975. QUILLIAN, Judge. Appeal in this case was taken from a judgment which granted the motion for dismissal of two of the defendants by counterclaim. Insofar as the record reveals, the main action, as […]

434 S.E.2d 499 ILER v. CSX TRANSPORTATION, INC. A93A0709.Court of Appeals of Georgia. DECIDED JULY 2, 1993. RECONSIDERATION DENIED JULY 21, 1993. BIRDSONG, Presiding Judge. Darrell L. Iler appeals from a judgment in his favor in a claim under the Federal Employer’s Liability Act (FELA), 45 U.S.C. § 51 et seq., against CSX Transportation, Inc. […]

614 S.E.2d 209 TRIGUERO v. ABN AMRO BANK N.V. et al. A05A0547.Court of Appeals of Georgia. DECIDED APRIL 22, 2005. ANDREWS, Presiding Judge. Irene Munoz Triguero appeals from the trial court’s grant of the motion for summary judgment of defendants ABN AMRO Bank N.V. (Bank), ABN AMRO Investment Fund Services, Inc. (Fund), and Gerald Cartigny, […]

387 S.E.2d 627 ROZIER v. DAVIS/SMITH MORTGAGE CORPORATION. A89A1033.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1989. BENHAM, Judge. This appeal is from a consent judgment entered in a dispossessory proceeding. 1. Appellee has filed three motions to dismiss the appeal. The first two motions to dismiss are denied inasmuch as appellant’s brief was timely […]

248 S.E.2d 168 BURTON v. THE STATE. 55934.Court of Appeals of Georgia.SUBMITTED JUNE 7, 1978. DECIDED SEPTEMBER 6, 1978. McMURRAY, Judge. Defendant Willie Ora Burton appeals his conviction of voluntary manslaughter following his indictment and trial for the offense of murder. He contends the evidence presented at trial was insufficient to support his conviction, and […]

522 S.E.2d 504 HARPS v. THE STATE. A99A1480.Court of Appeals of Georgia. DECIDED: SEPTEMBER 13, 1999. BARNES, Judge. After a stipulated bench trial, Antwain Maurice Harps was convicted of hijacking a motor vehicle. For the reasons that follow, we affirm. 1. Harps contends that the trial court erred in admitting his written confession because he […]

41 S.E.2d 160 MORGAN v. THE STATE. 31399.Court of Appeals of Georgia. DECIDED JANUARY 9, 1947. The verdict was authorized by the evidence; and none of the special assignments of error shows cause for a new trial. DECIDED JANUARY 9, 1947. Assault with intent to rape; from DeKalb Superior Court — Judge Davis. May 9, […]

427 S.E.2d 94 WATERS v. THE STATE. A92A2157.Court of Appeals of Georgia. DECIDED JANUARY 15, 1993. ANDREWS, Judge. Waters was tried and convicted of armed robbery and burglary and appeals. 1. In his first enumeration of error, Waters claims that the trial Page 123 court “erred by not striking the improper and prejudicial remarks of […]

250 S.E.2d 555 HAGER v. O’NEAL. 56333.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 18, 1978. DECIDED OCTOBER 30, 1978. BIRDSONG, Judge. This is a laborer’s suit to recover for services performed. The plaintiff below, Hager, contracted to build an addition to O’Neal’s home. A dispute arose as to the quality and sufficiency of the work completed […]

221 S.E.2d 219 HEWELL v. THE STATE. 51207.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 29, 1975. DECIDED OCTOBER 15, 1975. REHEARING DENIED NOVEMBER 4, 1975. EVANS, Judge. Defendant was indicted, tried, convicted and sentenced for the crime of burglary. Defendant appeals. Held: 1. A Jackson v. Denno (378 U.S. 368 (84 SC 1774, 12 L.Ed.2d 908)) […]

164 S.E.2d 153 WYNN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. 43936.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1968. DECIDED SEPTEMBER 30, 1968. 1. It is well established that the named insured’s mere permission to another to use the insured auto does not alone authorize the permittee to delegate his right of user […]

550 S.E.2d 667 MOORE v. THE STATE. A01A0721.Court of Appeals of Georgia. DECIDED: JUNE 13, 2001 PHIPPS, Judge. A jury found Timothy Moore guilty of armed robbery and aggravated assault. He challenges the sufficiency of the evidence to support his convictions and complains that the trial court erred by (1) failing to establish that his […]

209 S.E.2d 93 STROTHER v. SOUTH EXPRESSWAY RADIO et al. 49348.Court of Appeals of Georgia.ARGUED MAY 10, 1974. DECIDED SEPTEMBER 10, 1974. REHEARING DENIED OCTOBER 1, 1974. PANNELL, Presiding Judge. Appellant Strother brought an action against E. B. Galloway and Loell Davis, partners, doing business as South Expressway Radio, et al., and South Expressway Airport, […]

636 S.E.2d 66 GRAHAM v. JD DESIGN GROUP, INC. No. A06A1330.Court of Appeals of Georgia. DECIDED AUGUST 29, 2006. MILLER, Judge. The Georgia Department of Revenue (the “Department”) assessed JD Design Group, Inc. (“JD Design”), as successor in interest to Parker’s Flower Shoppe, for sales and use taxes that Parker’s Flower Shoppe had not paid […]

341 S.E.2d 480 GOLDEN v. THE STATE. 71319.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1986. POPE, Judge. Golden appeals a sentence imposed on June 13, 1985, upon remand to the Bibb County Superior Court by the Eleventh Circuit Court of Appeals. For the factual and procedural history of this case, see Golden v. Newsome, […]

291 S.E.2d 448 SHIELDS v. THE STATE. 63177.Court of Appeals of Georgia. DECIDED MAY 19, 1982. McMURRAY, Presiding Judge. Defendant was indicted (along with two others) with two counts of aggravated sodomy as to one victim and another count of aggravated sodomy as to another. The defendant Shields was convicted of all three counts. The […]

322 S.E.2d 750 ALDRIDGE v. THE STATE. 68943.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1984. BENHAM, Judge. Appellant was convicted of aggravated assault, multiple burglaries, entering an auto, and criminal damage to property and sentenced to serve three years in confinement and the balance of each sentence on probation. This appeal is from the […]

463 S.E.2d 67 VORTEX PROTECTIVE SERVICE, INC. v. DEMPSEY. A95A1125.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1995. McMURRAY, Presiding Judge. Plaintiff Vortex Protective Service, Inc. (“Vortex”), brought this action for “Equitable Enforcement of Covenant Not to Compete With Subsequent Damages O.C.G.A. § 51-12-5.1,” seeking to enforce a written agreement captioned “EMPLOYEE’S COVENANT NOT TO […]

253 S.E.2d 231 FERGUSON v. PARK NEWSPAPERS OF GEORGIA, INC. et al. 56758.Court of Appeals of Georgia.SUBMITTED OCTOBER 12, 1978. DECIDED JANUARY 18, 1979. REHEARING DENIED FEBRUARY 1, 1979. BELL, Chief Judge. This is a newspaper libel suit. Plaintiff, a Sunday newspaper editor, alleged that he was libeled by an article that defendants wrote and […]

629 S.E.2d 829 BROCK v. KING et al. A06A0270.Court of Appeals of Georgia. DECIDED MARCH 10, 2006. RECONSIDERATION DENIED MAY 12, 2006 — CERT. APPLIED FOR. PHIPPS, Judge. Richard T. Brock sold land to developer D. Kimbrough King for inclusion in a subdivision that King was building. After development began, Brock sued King and three […]

298 S.E.2d 161 TUDOR v. THE STATE. 65039.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1982. QUILLIAN, Chief Judge. Defendant was indicted and tried for burglary and theft by taking. He was convicted of theft by taking only and appeals his conviction on the sole ground that the jury’s verdicts of acquittal and conviction are […]

616 S.E.2d 148 CORNELIUS v. THE STATE. A05A0468.Court of Appeals of Georgia. DECIDED JUNE 21, 2005. BERNES, Judge. A Bibb County jury convicted Kendal Bernard Cornelius of one count of aggravated battery and two counts of aggravated assault with a deadly weapon. Cornelius appeals challenging the sufficiency of the evidence to support his convictions for […]

194 S.E.2d 585 CULVERHOUSE v. JACKSON. 47381.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 5, 1972. DECIDED NOVEMBER 28, 1972. BELL, Chief Judge. A physician in an action to recover for professional services rendered has the burden of proving their value as represented by the ordinary and reasonable fee for the services. Fincher v. Davis, 27 Ga. […]

278 S.E.2d 61 HUNT v. THE STATE. 61400.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1981. QUILLIAN, Chief Judge. This is a pro se appeal from a burglary conviction. The defendant has filed no enumeration of errors. 1. There was an eyewitness to the burglary. The evidence, although conflicting, was amply sufficient to enable a […]

553 S.E.2d 631 STATE v. JONES. A00A2556.Court of Appeals of Georgia. DECIDED: AUGUST 7, 2001. PHIPPS, Judge. In State v. Jones,[1] we affirmed the trial court’s grant of a special demurrer to certain counts of an accusation preferred against Paul Jones. The Supreme Court of Georgia has granted certiorari, vacated our judgment, and remanded for […]

397 S.E.2d 605 FLETCHER v. THE STATE. A90A1465.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1990. McMURRAY, Presiding Judge. Defendant was convicted of the offense of aggravated assault. The evidence showed that defendant fired a gun into the victim’s home at about 4:00 in the morning on April 22, 1987. Upon the denial of his […]

504 S.E.2d 49 HINTON v. THE STATE. A98A1511.Court of Appeals of Georgia. DECIDED JULY 1, 1998. ELDRIDGE, Judge. Gilbert Levon Hinton appeals a Cobb County jury verdict finding him guilty of possession of cocaine with intent to distribute. Without challenging the sufficiency of the evidence introduced against him, Hinton enumerates two errors of law which […]

350 S.E.2d 39 ROBERTS v. THE STATE. 72709.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1986. BEASLEY, Judge. Appellant was convicted of aggravated assault (OCGA § 16-5-21 (a) (2)) by the judge sitting without a jury. This appeal follows the denial of her motion for new trial. Appellant raises, as the sole enumeration of error, […]

100 S.E.2d 129 FORTSON v. THE STATE. 36848.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1957. Being induced by others by hope or fear is what renders an alleged plea of guilty or confession of no probative value. If it is ignited by a desire to plead guilty with the hope of a lighter punishment, […]

704 S.E.2d 450 CARROLL v. CARROLL. No. A10A2332.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 2010. JOHNSON, Judge. Following a final hearing in this custody modification action, the trial court awarded primary physical custody of the three minor children to their father, Shane Carroll. The children’s mother, Heather Carroll, appeals claiming that the trial court […]

369 S.E.2d 357 ALLEN v. THE STATE (one case). 76375, 76376.Court of Appeals of Georgia. DECIDED APRIL 4, 1988. DEEN, Presiding Judge. The appellant, Wendell Allen, was convicted of armed robbery.[1] On appeal, Allen contends that reversible error occurred in the jury instructions and when the State impermissibly placed his character in issue. Held: 1. […]

579 S.E.2d 52 VIAU v. THE STATE. A02A2112.Court of Appeals of Georgia. Decided February 21, 2003 PHIPPS, Judge. After a bench trial, Shearron Viau was convicted of driving under the influence of alcohol to the extent it was less safe for her to drive,[1] driving with an alcohol concentration of 0.08 grams or more,[2] and […]

138 S.E.2d 431 ALLEN v. THE STATE. 40818.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1964. HALL, Judge. The defendant was convicted of cheating and swindling, and assigns error on the trial court’s denial of his motion for new trial. There was evidence that the defendant sold the witness Dunbar 100 bales of hay and […]

623 S.E.2d 514 KIA MOTORS AMERICA, INC. v. RANGE. A05A1399.Court of Appeals of Georgia. DECIDED OCTOBER 3, 2005. RECONSIDERATION DENIED NOVEMBER 15, 2005. BARNES, Judge. Lorenzo Range sued Kia Motors America, Inc. for warranty violations, and the case was tried before a jury, which returned a Page 361 plaintiff’s verdict of $16,637.46. Kia appeals, contending […]

495 S.E.2d 886 PARK v. THE STATE. A97A2412.Court of Appeals of Georgia. DECIDED JANUARY 21, 1998. BEASLEY, Judge. Dong Jin Park was convicted of aggravated battery (OCGA §16-5-24) for repeatedly striking Eung Chul Lee and rendering his left eye useless. The issues are whether the trial court erred by (i) declining to order Lee to […]

476 S.E.2d 277 UNITED ACOUSTICAL AND DRYWALL SYSTEMS, INC. v. FIDELITY AND CASUALTY COMPANY OF NEW YORK; AND VICE VERSA. A96A1481, A96A1482.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1996. POPE, Presiding Judge. These appeals involve a premium on a workers’ compensation insurance policy which United Acoustical and Drywall Systems, Inc. (“United”) obtained from Fidelity […]

39 S.E.2d 899 ECONOMY GAS APPLIANCE COMPANY v. KINSLOW. 31412.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1946. The court did not err in overruling the general demurrer to the petition. DECIDED OCTOBER 18, 1946. Damages; from Oglethorpe City Court — Judge Felton. June 24, 1946. M. D. Kinslow sued Economy Gas and Appliance Company, […]

689 S.E.2d 78 RADHA KRISHNA, INC. v. DESAI et al. No. A09A2324.Court of Appeals of Georgia. DECIDED DECEMBER 15, 2009. BLACKBURN, Presiding Judge. In this breach of contract action, Radha Krishna, Inc. (“RK”) sued Nimish K. Desai and his business Vaikunth, Inc. (collectively “Desai”) for failure to pay operating costs allegedly owed pursuant to a […]

385 S.E.2d 141 WESTIN HOTELS, INC. v. NATKIN SERVICE COMPANY. A89A0665.Court of Appeals of Georgia. DECIDED JULY 14, 1989. REHEARING DENIED JULY 26, 1989. BEASLEY, Judge. Plaintiff Westin Hotels, Inc., appeals from a directed verdict judgment favoring defendant Natkin Service Company in a suit for negligence in servicing the air conditioning system in Westin’s Peachtree […]

247 S.E.2d 576 SHIVERS v. SWEDA INTERNATIONAL, INC. 55993.Court of Appeals of Georgia.ARGUED JUNE 6, 1978. DECIDED JULY 14, 1978. SMITH, Judge. The facts showing conclusively that appellant’s fraud claim was meritless, we affirm the trial court’s grant of appellee’s motion for summary judgment. Appellant, a certified public accountant, brought this suit seeking damages for […]

149 S.E.2d 923 OGLETREE HATCHERY, INC. et al. v. JOHN W. ESHELMAN SONS, INC.; and vice versa. 41657, 41671.Court of Appeals of Georgia.ARGUED JANUARY 10, 1966. DECIDED APRIL 25, 1966. REHEARING DENIED MAY 27, 1966. 1. Where the pleadings in a case disclose no genuine issue of material fact, summary judgment may be granted on […]

183 S.E.2d 522 McLEAN v. OAKMONT HOSIERY MILLS. 46300.Court of Appeals of Georgia.SUBMITTED JUNE 1, 1971. DECIDED JULY 13, 1971. PANNELL, Judge. Oakmont Hosiery Mills brought an action on account against Mrs. Attie Phillips McLean as executrix of the estate of John C. McLean, deceased. Defendant made a motion for summary judgment based upon certain […]

187 S.E.2d 341 SHELTON v. MENTZER. 46699.Court of Appeals of Georgia.ARGUED NOVEMBER 3, 1971. DECIDED JANUARY 6, 1972. HALL, Presiding Judge. In a suit on a note, defendant appeals from the judgment and from the denial of his motions for new trial and judgment n.o.v. Defendant admitted a prima facie case on the note and […]

593 S.E.2d 903 MARQUIS TOWERS, INC. et al. v. THE HIGHLAND GROUP. A03A1657Court of Appeals of Georgia. DECIDED: JANUARY 30, 2004 JOHNSON, Presiding Judge. This action arises from the failure of a hotel operated as a Ramada Plaza franchise and owned by Marquis Towers, Inc. Marquis and its principal Fred Zohouri[1] sued (i) the franchisor, […]

112 S.E.2d 625 ATLANTIC COMPANY v. MOSELEY et al. 37582.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1959. FELTON, Chief Judge. The judgment of this court affirming the judgment of the superior court affirming the award of compensation having been reversed by the Supreme Court (Atlantic Co. v. Moseley, 215 Ga. 530, 111 S.E.2d 239), […]

194 S.E.2d 619 MALONE CONSTRUCTION COMPANY, INC. v. WESTBROOK et al. 47434.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1972. DECIDED DECEMBER 5, 1972. BELL, Chief Judge. Unless an agreement is reached as to all terms and conditions and nothing is left to future negotiations, a contract to enter into a contract in the future is […]

346 S.E.2d 104 PRYOR v. THE STATE. 72427.Court of Appeals of Georgia. DECIDED JUNE 5, 1986. SOGNIER, Judge. Pryor appeals from his conviction of armed robbery. 1. Appellant contends the evidence is not sufficient to support the verdict. The evidence disclosed that appellant, Willie Goodin and Ralph Copeland decided to rob someone of drugs. They […]

219 S.E.2d 479 BRADEN v. THE STATE. 50615.Court of Appeals of Georgia.ARGUED MAY 5, 1975. DECIDED SEPTEMBER 26, 1975. MARSHALL, Judge. Appellant was indicted for possession of heroin and marijuana. He was acquitted of the marijuana count but convicted and sentenced to three years and a $1,000 fine on the heroin count. On appeal, he […]

627 S.E.2d 79 GREGORY v. THE STATE. A05A1736.Court of Appeals of Georgia. DECIDED JANUARY 27, 2006. RECONSIDERATION DENIED FEBRUARY 20, 2006. JOHNSON, Presiding Judge. In a nine-count indictment, Gary Gregory was charged with vehicular homicide in the first degree, driving under the influence of alcohol, reckless driving, and failing to stop at a stop sign. […]

208 S.E.2d 107 RUSSELL v. O’DONNELL. 49275.Court of Appeals of Georgia.SUBMITTED MAY 6, 1974. DECIDED JUNE 10, 1974. REHEARING DENIED JULY 8, 1974. QUILLIAN, Judge. A dispossessory complaint was filed in the Civil Court of Fulton County which named Glynette Russell as the defendant and “Ansley Forest Apartments” as plaintiff. It was alleged that the […]

410 S.E.2d 191 DEMAREST et al. v. MOORE. A91A1248.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1991. BIRDSONG, Presiding Judge. Appellants Theodore and Basil Demarest, father and son, appeal the order of the trial court granting summary judgment to appellee. Appellants were lawful tenants of Hidden Lakes Apartments of which appellee Kirby Moore was a […]

537 S.E.2d 200 JOWERS v. ARTHUR. A00A0825.Court of Appeals of Georgia. DECIDED: JULY 12, 2000 MILLER, Judge. The issue is whether judicial estoppel bars a state law personal injury claim not listed as an asset in a Chapter 13 bankruptcy proceeding (begun after the accident but before the institution of the personal injury suit), when […]

650 S.E.2d 253 BALOTIN et al. v. SIMPSON et al. No. A07A0605.Court of Appeals of Georgia. DECIDED MAY 9, 2007. RECONSIDERATION DENIED JULY 25, 2007. RUFFIN, Judge. Kenneth and Julie Simpson (collectively, “the Simpsons”) filed a medical malpractice claim against several medical providers, including Dr. Robert Balotin and Radiology Associates of Houston County. The defendants […]

703 S.E.2d 59 ORTIZ v. THE STATE. No. A10A1200.Court of Appeals of Georgia. DECIDED OCTOBER 27, 2010. BARNES, Presiding Judge. Following his conviction for carrying a weapon on school property, Ruben Ivan Ortiz appeals the trial court’s denial of his motion to suppress. Ortiz contends that the school administrator’s search violated the Fourth Amendment and […]

648 S.E.2d 126 BENNETT v. THE STATE. No. A07A0771.Court of Appeals of Georgia. DECIDED JUNE 12, 2007. RUFFIN, Judge. After denying a motion to suppress, the trial court conducted a bench trial and found James Matthew Bennett guilty of possessing methamphetamine with intent to distribute.[1] On appeal, Bennett contends that the trial court erred in […]

496 S.E.2d 469 GILMAN PAPER COMPANY et al. v. DAVIS. A97A2572.Court of Appeals of Georgia. DECIDED JANUARY 14, 1998. RECONSIDERATION DENIED JANUARY 28, 1998 — CERT. APPLIED FOR. POPE, Presiding Judge. Bobby Davis sustained a work-related injury by exposure to chlorine gas on July 15, 1994. His employer, Gilman Paper Company, originally accepted the injury […]

104 S.E.2d 629 PETERSON v. THE STATE. 37239.Court of Appeals of Georgia. DECIDED JULY 15, 1958. CARLISLE, Judge. 1. On authority of repeated rulings of this court and of the Supreme Court, where there is evidence tending to show a confession of guilty by the accused, it is not ground for a new trial that […]

316 S.E.2d 537 WHITAKER ACRES, INC. et al. v. SCHRENK. 67056.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1984. REHEARING DENIED MARCH 13, 1984. CARLEY, Judge. The relevant facts of the instant case are as follows: Appellee-plaintiff purchased a residential lot from appellant-defendant Whitaker Acres, Inc. (Whitaker). The Warranty Deed conveying title to the land […]

508 S.E.2d 454 RUSSELL et al. v. PARKFORD MANAGEMENT COMPANY INC. A98A1905.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1998. JOHNSON, Presiding Judge. This is a premises liability suit brought by James Russell and Terri Johnson (hereinafter “tenants”) against Parkford Management Company, Inc. The tenants have provided this Court with a partial transcript of the […]

429 S.E.2d 274 SISK v. THE STATE. A92A2005.Court of Appeals of Georgia. DECIDED MARCH 2, 1993. RECONSIDERATION DENIED MARCH 16, 1993. ANDREWS, Judge. Defendant appeals his conviction of one count of aggravated child molestation and one count of child molestation.[1] Viewed in favor of the jury’s verdict, the evidence showed that, for about two months […]

436 S.E.2d 231 HARRIS v. THE STATE. A93A1370.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1993. ANDREWS, Judge. Ronald Keith Harris was found guilty by a jury and convicted of speeding and driving an automobile while his alcohol concentration Page 367 was at least .10 grams as prohibited by OCGA § 40-6-391 (a) (4). At […]

519 S.E.2d 304 WARD v. THE STATE. A99A0692.Court of Appeals of Georgia. DECIDED: JUNE 11, 1999 BARNES, Judge. Stephen Anthony Ward appeals his conviction for burglary. He contends the evidence was insufficient to support his conviction and also contends the trial court erred by allowing the prosecution to place his character in issue. We find […]

282 S.E.2d 410 NODVIN et al. v. DeKALB COUNTY. 61156.Court of Appeals of Georgia. DECIDED JUNE 17, 1981. POPE, Judge. On June 16, 1975 appellants filed an appeal pursuant to Code Ann. § 36-601 protesting an award of assessors in a condemnation proceeding brought by DeKalb County. On April 16, 1980 appellants filed a petition […]

357 S.E.2d 319 HIGGINBOTHAM v. HOLLIDAY CONSTRUCTION COMPANY. 74262.Court of Appeals of Georgia. DECIDED MAY 15, 1987. McMURRAY, Presiding Judge. Plaintiff is a partnership engaged in the business of paving contractor. The defendants are various tax officials of Elbert County. Named as defendants are Higginbotham, Tax Collector; Bond, Chairman of the County Board of Tax […]

249 S.E.2d 367 SPENCER v. TAYLOR. 56423.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 12, 1978. DECIDED OCTOBER 16, 1978. SMITH, Judge. Contrary to appellant’s contentions, the trial court was correct to order execution of the writ of possession which it previously issued and the issuance of which this court sustained (Spencer v. Taylor, 144 Ga. App. […]

487 S.E.2d 428 HICKS, et al. v. STARGEL, et al. A97A0475.Court of Appeals of Georgia. DECIDED JUNE 3, 1997. ANDREWS, Chief Judge. Kimberly and Stephen Hicks appeal from the trial court’s Order of Final Adoption granting Mr. and Mrs. Stargel’s petition to adopt their child, Jonathan Hicks. The Hickses attempted to revoke their consent to […]

259 S.E.2d 743 BROOKS et al. v. THE STATE. 58092.Court of Appeals of Georgia.SUBMITTED JULY 11, 1979. DECIDED SEPTEMBER 18, 1979. UNDERWOOD, Judge. Appellants, Brooks and Shelnutt, were found guilty in the Superior Court of Clarke County of two counts of entering an automobile with the intent to commit theft and one count of criminal […]

327 S.E.2d 531 PIERCE v. THE STATE. 69461.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1985. CARLEY, Judge. Appellant appeals his conviction for driving under the influence. 1. Prior to trial, appellant filed a “Motion In Limine and Motion To Suppress Evidence.” The motions contested the admissibility of the results of a chemical test of […]

96 S.E.2d 623 STEWART v. HOLLAND. 36549.Court of Appeals of Georgia. DECIDED JANUARY 30, 1957. TOWNSEND, J. 1. An action for money had and received is founded on the equitable principle that no one ought unjustly to enrich himself at the expense of another, and lies in all cases where another has received money which […]

631 S.E.2d 720 JOHNSON v. THE STATE. A06A0100.Court of Appeals of Georgia. DECIDED MAY 19, 2006. SMITH, Presiding Judge. Elester Melendez Johnson was indicted with three co-defendants on seven counts of aggravated assault and one count of conspiracy to commit armed robbery. His first trial resulted in a mistrial when the jury could not arrive […]

374 S.E.2d 565 HARRIS v. THE STATE. 76960.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1988. POPE, Judge. Defendant Willie C. Harris was convicted of the offense of aggravated battery (OCGA § 16-5-24). On appeal, he asserts the general grounds and argues that his actions were in self-defense and that the injury was accidental. Although […]

111 S.E.2d 918 EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY et al. v. CARSON. 37814.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1959. REHEARING DENIED OCTOBER 15, 1959. GARDNER, Presiding Judge. In this case the widow of a deceased employer of Lockheed Aircraft Corporation was granted a hearing before a single director of the State Board of […]

53 S.E.2d 235 MADDOX v. LIFE CASUALTY INSURANCE COMPANY OF TENNESSEE. 32391.Court of Appeals of Georgia. DECIDED APRIL 22, 1949. 1. 2. In an action predicated upon a receipt from an insurance agent, which by reference to an application for insurance showed that the two instruments were complementary and together constituted the agreement between the […]

392 S.E.2d 324 BUTLER v. THE STATE. A89A2086.Court of Appeals of Georgia. DECIDED MARCH 15, 1990. COOPER, Judge. Appellant was indicted on seven counts, five of which are involved in this appeal. Count 3 alleged assault with a knife; Count 4 alleged assault with a stick by forcing it into the victim’s anus; Count 5 […]

188 S.E.2d 819 SOUTHERN RAILWAY COMPANY v. MARTIN. 46724.Court of Appeals of Georgia.ARGUED NOVEMBER 1, 1971. DECIDED MARCH 6, 1972. PANNELL, Judge. The present case is before this court on exceptions to the failure of the trial judge to charge certain requests made by the defendant. Clifford Martin brought an action against the Southern Railway […]

419 S.E.2d 339 McKINNEY v. THE STATE. A92A0019.Court of Appeals of Georgia. DECIDED MAY 22, 1992. ANDREWS, Judge. In count one of his indictment, McKinney was charged with first degree homicide by vehicle (OCGA § 40-6-393 (a)) by causing the death of another while violating OCGA § 40-6-390 (reckless driving), and OCGA § 40-6-391 (a) […]

291 S.E.2d 87 BREWER v. THE STATE. 63975.Court of Appeals of Georgia. DECIDED APRIL 30, 1982. McMURRAY, Presiding Judge. The defendant pleaded guilty to the offense of criminal attempt to commit the crime of burglary. He was sentenced to serve a term of 10 years to be served on probation upon certain conditions and the […]

534 S.E.2d 192 PINKINS v. THE STATE. A00A0758.Court of Appeals of Georgia. DECIDED: APRIL 28, 2000. JOHNSON, Chief Judge. Along with co-defendants Brooks, Hurt and Littlejohn, Larry Pinkins was indicted for the offenses of conspiracy to commit armed robbery and armed robbery. Hurt pled guilty to conspiracy to commit armed robbery, and Littlejohn pled guilty […]

277 S.E.2d 307 JOHNSON v. LANDING. 60629.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1981. McMURRAY, Presiding Judge. In 1977, Artie Williams was in the process of selling certain residential property located in Savannah, Georgia, to James E. Landing. The property was being sold by and through a real estate firm. A Veterans Administration loan […]

290 S.E.2d 207 FREEMAN v. THE STATE. 63564.Court of Appeals of Georgia. DECIDED APRIL 12, 1982. QUILLIAN, Chief Judge. Defendant was convicted of selling more than 100 pounds of marijuana and sentenced to eight years and a fine. He applied for bond pending appeal and the trial court held a hearing in accordance Page 102 […]

45 S.E.2d 98 HORNBUCKLE v. STATE. 31766.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1947. 1. A verdict of guilty of larceny is supported by the evidence, where, upon the trial of one so charged, the evidence establishes the corpus delicti, recent possession of the stolen property after its theft, and a confession of guilt […]