Category: Georgia Court of Appeals Opinions

493 S.E.2d 5 ROBINSON v. STOKES. A97A0893.Court of Appeals of Georgia. DECIDED OCTOBER 10, 1997 — RECONSIDERATION DENIED OCTOBER 24, 1997 — CERT. APPLIED FOR. SMITH, Judge. This appeal presents the question of whether a defendant who has voluntarily dismissed without prejudice a compulsory counterclaim may renew that counterclaim as an original action under OCGA […]

461 S.E.2d 316 R. J. TAYLOR MEMORIAL HOSPITAL, INC. v. GILBERT. A94A0535.Court of Appeals of Georgia. DECIDED AUGUST 25, 1995. ANDREWS, Judge. In R. J. Taylor Memorial Hosp. v. Gilbert, 213 Ga. App. 104 (443 S.E.2d 656) (1994), we reversed the trial court’s judgment denying a motion for summary judgment brought by the hospital. In […]

274 S.E.2d 737 WOOD et al. v. GARNER. 60205.Court of Appeals of Georgia.SUBMITTED JULY 1, 1980. DECIDED NOVEMBER 7, 1980. SMITH, Judge. Appellees brought a trover action and obtained a jury verdict in the amount of $2,400. Appellant asserts that the claim was barred by the statute of limitations and by the equitable doctrine of […]

587 S.E.2d 811 PITTS v. THE STATE. A03A1132.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 2003 ANDREWS, Presiding Judge. Cornelius Pitts, convicted by a jury of aggravated sodomy, appeals, contending that the trial court improperly tried his jury trial in conjunction with the nonjury trial of his co-defendant, Willie Sims. 1. Viewed with all inferences […]

320 S.E.2d 401 SPURLIN v. THE STATE. 67883.Court of Appeals of Georgia. DECIDED JULY 13, 1984. BENHAM, Judge. Appellant was convicted of armed robbery. In his sole enumeration of error, he questions the admission of evidence concerning a crime for which he was not being tried. The armed robbery occurred in the pharmaceutical department of […]

536 S.E.2d 218 D’AMBROSIO v. THE STATE. A00A1402.Court of Appeals of Georgia. DECIDED: JUNE 22, 2000 PHIPPS, Judge. This is a pro se appeal by Joseph D’Ambrosio from his conviction of two counts of driving on a suspended license.[1] Finding no merit in any of the constitutional, jurisdictional, or evidentiary challenges he makes, we affirm. […]

146 S.E.2d 153 COSTLEY v. LONG. 41582.Court of Appeals of Georgia.ARGUED OCTOBER 5, 1965. DECIDED NOVEMBER 29, 1965. PANNELL, Judge. 1. “There can be no doubt as to the right of a landowner to divert or change the course of a stream flowing through his land, provided he returns it to its original or natural […]

355 S.E.2d 103 STOCKS v. THE STATE. 73373.Court of Appeals of Georgia. DECIDED MARCH 13, 1987. BENHAM, Judge. The single error enumerated in this appeal from a conviction of two counts of theft by taking is that the trial court erred in failing, upon a challenge for cause, to disqualify a driver’s license examiner for […]

462 S.E.2d 761 NATIONSBANK OF GEORGIA, N.A. v. GREEN. A95A1263.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 1995. RECONSIDERATION DENIED OCTOBER 4, 1995. JOHNSON, Judge. NationsBank of Georgia, N.A., brought suit to recover on indebtedness allegedly owed by John R. Green d/b/a Green Development and Rebecca Richardson f/k/a Rebecca Green pursuant to certain promissory notes […]

555 S.E.2d 15 COTTEN v. THE STATE. A01A1862.Court of Appeals of Georgia. DECIDED: SEPTEMBER 21, 2001. ELLINGTON, Judge. Matthew Lee Cotten appeals from the trial court’s order denying his plea in bar on former jeopardy grounds.[1] For the following reasons, we affirm. On August 8, 2000, Cotten entered a nolo contendere plea to misdemeanor possession […]

16 S.E.2d 522 MORGAN v. FIDELITY TRUST COMPANY. 29146.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 1941. REHEARING DENIED SEPTEMBER 30, 1941. In dispossessory-warrant proceedings, it is unlawful for any agent, who is not a duly licensed attorney at law, to swear out the warrant upon which the proceedings are based. DECIDED SEPTEMBER 12, 1941. […]

463 S.E.2d 906 BREWER v. THE STATE. A95A0944.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1995. RECONSIDERATION DENIED NOVEMBER 6, 1995. McMURRAY, Presiding Judge. Defendant was charged in an indictment with child molestation and burglary. The evidence adduced at his jury trial showed that Investigator Sergeant Richard O. McCann, Jr. of the Richmond County Sheriff’s […]

251 S.E.2d 324 BENNETT v. THE STATE. 56914.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1978. DECIDED NOVEMBER 20, 1978. REHEARING DENIED DECEMBER 7, 1978. WEBB, Judge. Gerald Bruce Bennett was convicted of possession of marijuana with intent to distribute, and appeals. Bennett had lived with one Joseph Rizer for three months. When police arrived with […]

225 S.E.2d 477 DOVE v. NATIONAL FREIGHT, INC. (two cases). SEAGRAVES v. NATIONAL FREIGHT, INC. 51504, 51505, 51506.Court of Appeals of Georgia.ARGUED JANUARY 5, 1976. DECIDED MARCH 1, 1976. REHEARING DENIED MARCH 12, 1976. EVANS, Judge. Ronnie Leon Watson was an employee of James Nicholson, the owner of a tractor which was leased (together with […]

576 S.E.2d 574 PINCKNEY v. THE STATE A02A2099.Court of Appeals of Georgia. DECIDED: JANUARY 9, 2003 Reconsideration Denied January 28, 2003 ANDREWS, Presiding Judge. We granted Antonio Terrell Pinckney’s application for interlocutory review of the superior court’s order denying his motion to suppress certain statements he made to police. For reasons which follow, we conclude […]

439 S.E.2d 746 WALLACE et al. v. BOYS CLUB OF ALBANY, GEORGIA, INC. A93A1374.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1993. RECONSIDERATION DENIED DECEMBER 20, 1993. POPE, Chief Judge. Plaintiffs, a child and his parents, appeal from the trial court’s grant of summary judgment for defendant Boys Club. We view the evidence in the […]

346 S.E.2d 861 AKERS v. THE STATE. 72412.Court of Appeals of Georgia. DECIDED JUNE 16, 1986. REHEARING DENIED JUNE 30, 1986. McMURRAY, Presiding Judge. Defendant was convicted of the offense of child molestation and sentenced to confinement for a period of 20 years, 15 to serve with the remainder on probation. In this appeal, defendant […]

58 S.E.2d 485 CORBIN v. THE STATE. 32770.Court of Appeals of Georgia. DECIDED MARCH 3, 1950. REHEARING DENIED MARCH 24, 1950. The evidence authorized the verdict and the special grounds of the motion for a new trial show no cause for reversal. DECIDED MARCH 3, 1950. REHEARING DENIED MARCH 24, 1950. Unlawful possession of dynamite; […]

426 S.E.2d 172 HELTON v. THE STATE. A92A1144.Court of Appeals of Georgia. DECIDED OCTOBER 29, 1992. RECONSIDERATION DENIED DECEMBER 4, 1992. BIRDSONG, Presiding Judge. Randy Leonard Helton appeals his convictions of burglary and recidivism. He alleges that the trial court erred by admitting in evidence Page 601 his pretrial statement because the police violated OCGA […]

155 S.E.2d 678 LIBERTY LOAN THRIFT CORPORATION v. COCHRAN et al. 42748.Court of Appeals of Georgia.SUBMITTED MAY 1, 1967. DECIDED MAY 10, 1967. JOSLIN, Judge. This is an appeal from an order of the court below sustaining the general and special demurrers to the plaintiff’s amended petition, and dismissing the petition. The petition, as amended, […]

400 S.E.2d 641 HUNTER v. THE STATE. A90A1210.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1990. REHEARING DENIED DECEMBER 6, 1990. COOPER, Judge. Appellant was convicted in a bench trial of manufacturing marijuana in violation of the Georgia Controlled Substances Act. The sole enumeration of error is that the trial court erred in denying his […]

420 S.E.2d 23 BYERS v. THE STATE. DUNSMORE v. THE STATE. HESTER v. THE STATE. A92A0075, A92A0076, A92A0077.Court of Appeals of Georgia. DECIDED JUNE 1, 1992. RECONSIDERATION DENIED JUNE 11, 1992. ANDREWS, Judge. Byers, Dunsmore and Hester were jointly indicted and tried by a jury on charges of trafficking in cocaine and possession of marijuana. […]

190 S.E.2d 622 McLENDON et al. v. BAKER LUMBER COMPANY, INC. et al. 47160.Court of Appeals of Georgia.SUBMITTED MAY 5, 1972. DECIDED MAY 17, 1972. DEEN, Judge. The appellant sued two corporations, Baker Lumber Co., Inc., and Alsobrook Lumber Co., Inc., for committing a trespass on her land by cutting timber while engaged in removing […]

610 S.E.2d 609 BOND v. THE STATE. A04A2231.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 2005. RECONSIDERATION DENIED MARCH 3, 2005. MIKELL, Judge. James Christopher Bond appeals his conviction of possession of cocaine, arguing that the trial court erred in denying his motion to suppress evidence. In five enumerated errors, Bond argues that his arrest, […]

595 S.E.2d 319 ROBINSON v. BECKER. A03A2524Court of Appeals of Georgia. JANUARY 15, 2004 RUFFIN, Presiding Judge. Velma Louise Robinson sued Superior Court Judge Cynthia J. Becker for libel and civil rights violations. Judge Becker moved to dismiss on several grounds, including that Robinson’s claims were barred by judicial immunity. The trial court granted Judge […]

338 S.E.2d 16 BARLAND COMPANY v. BARTOW COUNTY BOARD OF TAX ASSESSORS. 70507.Court of Appeals of Georgia. DECIDED OCTOBER 23, 1985. REHEARING DENIED NOVEMBER 12, 1985. BANKE, Chief Judge. On or about October 1, 1982, the Bartow County Board of Tax Assessors mailed the appellant, Barland Company, a property tax assessment notice with respect to […]

605 S.E.2d 632 DELLINGER v. THE STATE. A04A1833.Court of Appeals of Georgia. DECIDED OCTOBER 4, 2004. ANDREWS, Presiding Judge. Terry Lee Dellinger, convicted at a bench trial of failure to yield when entering a roadway, OCGA § 40-6-73, appeals, contesting the sufficiency of the evidence and contending that he did not knowingly and voluntarily waive […]

522 S.E.2d 277 CAMPBELL v. THE STATE. A99A2018.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1999. BLACKBURN, Presiding Judge. Solomon Campbell appeals his conviction for cruelty to children, contending that his guilty plea was not freely, intelligently, and voluntarily entered because he was not informed of his right to withdraw the plea prior to sentencing. […]

630 S.E.2d 528 JEFFERSON v. THE STATE. A06A0601.Court of Appeals of Georgia. DECIDED MARCH 28, 2006. RECONSIDERATION DENIED APRIL 26, 2006 — CERT. APPLIED FOR. MIKELL, Judge. Bobby Ray Jefferson appeals pro se from the trial court’s order denying his motion to vacate illegal sentence. See generally Williams v. State, 271 Ga. 686, 689 (1) […]

373 S.E.2d 654 BROWNING v. THE STATE. 76853.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1988. REHEARING DENIED SEPTEMBER 28, 1988. McMURRAY, Presiding Judge. Defendant appeals his conviction for driving under the influence of alcohol (DUI). Held: 1. In his first enumeration of error, defendant asserts the general grounds arguing that the evidence was insufficient […]

476 S.E.2d 31 HAUGHTON ET AL. v. NAMANO, INC. A96A1423.Court of Appeals of Georgia. DECIDED AUGUST 30, 1996. RUFFIN, Judge. Namano, Inc. (“Namano”) sued James and Donna Haughton for money owed for jewelry they purchased on open account, and the Haughtons counterclaimed alleging usury. The trial court granted summary judgment to Namano on its claim […]

35 S.E.2d 319 SNEAD v. THE STATE. 30956.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1945. BROYLES, C. J. The defendant was convicted in the criminal court of Fulton County upon an accusation which alleged that, in Fulton County, Georgia, on October 30, 1944, he “did wander and stroll about in idleness; was able to […]

497 S.E.2d 679 ROBINSON v. KROGER COMPANY. A96A0966.Court of Appeals of Georgia. DECIDED MARCH 12, 1998. SMITH, Judge. In Robinson v. Kroger Co., 222 Ga. App. 711 (476 S.E.2d 29) (1996), we affirmed the judgment of the trial court granting summary judgment in favor of the Kroger Company. In Robinson v. Kroger Co., 268 Ga. […]

319 S.E.2d 126 CUNNINGHAM v. THE STATE. 68332.Court of Appeals of Georgia. DECIDED JUNE 22, 1984. BIRDSONG, Judge. James Cunningham was convicted of criminal attempt to commit shoplifting and sentenced to four years with one to serve. His appointed attorney has filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. […]

7 S.E.2d 318 SEABOARD LOAN CORPORATION v. McCALL et al. 28082.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1940. Any breach of a contract between a principal debtor and the creditor, made at the time of the making of a loan to the principal debtor, which results in loss or increase of risk to sureties, […]

425 S.E.2d 891 CIRCLE H DEVELOPMENT, INC. et al. v. CITY OF WOODSTOCK. A92A1004.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1992. RECONSIDERATION DENIED NOVEMBER 25, 1992. COOPER, Judge. In the 1980s appellants developed an industrial park in the City of Woodstock (hereinafter “the City”), dividing the park into parcels and selling them. Appellants as […]

188 S.E.2d 132 WISENBAKER v. LEOPARD et al. 46808.Court of Appeals of Georgia.ARGUED JANUARY 6, 1972. DECIDED JANUARY 20, 1972. REHEARING DENIED FEBRUARY 10, 1972. DEEN, Judge. As the result of a bannister foraging quest by certain members of a ladies’ hobby group who had been inspired by the beauty of their instructor’s antiquing techniques […]

212 S.E.2d 5 UNDERWOOD et al. v. LOWERY (two cases). 49948, 49949.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1974. DECIDED DECEMBER 2, 1974. REHEARING DENIED DECEMBER 19, 1974. DEEN, Presiding Judge. The sole question in this damage action is whether the evidence demands a verdict in favor of the defendant owner and defendant driver of […]

452 S.E.2d 228 LEWIS v. THE STATE. A94A2723.Court of Appeals of Georgia. DECIDED DECEMBER 19, 1994. BEASLEY, Presiding Judge. Following a bench trial, Lewis was convicted of driving under the influence of alcohol with an alcohol concentration of 0.10 grams or more (OCGA § 40-6-391 (a) (4)). The trial court considered the results of a […]

529 S.E.2d 221 TUTEN v. THE STATE. A99A2195.Court of Appeals of Georgia. DECIDED: FEBRUARY 3, 2000. RUFFIN, Judge. Nash Newbill Tuten was convicted of armed robbery and possession of a firearm during the commission of a crime. He appeals, raising several issues. For reasons discussed below, we affirm. Gira Vashi testified that she was working […]

363 S.E.2d 601 DUNCAN v. DEITS. 75235.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1987. BANKE, Presiding Judge. The appellant and appellee were involved in an automobile collision, as a result of which the appellant was paid $28,582.73 in insurance benefits by his own insurance carrier. Thereafter, his insurer, exercising its right of subrogation under […]

254 S.E.2d 388 RELIANCE INSURANCE COMPANIES et al. v. JONES. 57020.Court of Appeals of Georgia.ARGUED JANUARY 15, 1979. DECIDED FEBRUARY 15, 1979. REHEARING DENIED MARCH 13, 1979. QUILLIAN, Presiding Judge. This is an appeal from a judgment of the superior court which affirmed an award of the State Board of Workers’ Compensation Held: The award […]

461 S.E.2d 297 NORTHWEST GEORGIA HEALTH SYSTEM, INC. et al. v. TIMES-JOURNAL, INC. A95A1324.Court of Appeals of Georgia. DECIDED AUGUST 14, 1995. McMURRAY, Presiding Judge. Times-Journal, Inc. (“Times-Journal”), publisher of The Marietta Daily Journal, filed a “Verified Complaint for Injunctive and Declaratory Relief” against Northwest Georgia Health System, Inc. (“Northwest”), Promina Health System, Inc. (“Promina”), […]

458 S.E.2d 145 ADDY v. ADDY et al. A95A1227.Court of Appeals of Georgia. DECIDED MAY 18, 1995. BLACKBURN, Judge. Bernard Addy, Jr., administrator of the estate of Vennie Lee Davis, appeals the trial court’s order which granted his petition for accounting of commissions. In his petition for accounting of commissions, Addy specifically requested statutory commissions […]

138 S.E.2d 442 ROYAL OIL COMPANY, INC. v. HOOKS. 40937.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1964. PANNELL, Judge. Since the dismissal of an answer on demurrer is not such a final disposition of a cause as may be reviewed by this court, Williams v. Kwik Shake Dispenser Mfg. Co., 214 Ga. 478 (105 […]

264 S.E.2d 579 EASON v. BERGER COMPANY, INC. 58430.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1979. DECIDED JANUARY 21, 1980. SMITH, Judge. We reverse the trial court’s order holding appellant Eason in contempt for refusing to abide by a court order. On the ground that “the answer may tend to incriminate me,” appellant separately objected […]

11 S.E.2d 218 MARTIN v. MAYER. 28473.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1940. 1. The petition as amended complied with the order of the court in ruling on the demurrers, and the court did not err in overruling the motion to dismiss. 2. The petition as amended set forth a cause of action, […]

231 S.E.2d 509 GAY et al. v. THE STATE. 52941.Court of Appeals of Georgia.ARGUED OCTOBER 7, 1976. DECIDED NOVEMBER 19, 1976. STOLZ, Judge. The defendants appeal from their conviction of possessing nontax-paid liquor. On March 5, 1975, each defendant filed a writing which set out the style and number of the case as well as […]

455 S.E.2d 366 ALAMO RENT-A-CAR, INC. v. HAMILTON et al. A94A2383.Court of Appeals of Georgia. DECIDED MARCH 15, 1995. POPE, Presiding Judge. Plaintiffs, Alice B. Hamilton and her husband, Billy C. Hamilton, sued defendants, Thomas Caine, Betty James, Otis Grant and Alamo Rent-A-Car, Inc., after Alice Hamilton was injured in an automobile collision. Alamo appeals […]

420 S.E.2d 655 STUCKEY v. THE STATE. A92A1330.Court of Appeals of Georgia. DECIDED JULY 2, 1992. McMURRAY, Presiding Judge. On January 22, 1992, judgment was entered in the Superior Court of Bibb County on defendant’s plea of guilty for possession of cocaine with intent to distribute, criminal attempt to possess cocaine with intent to distribute, […]

479 S.E.2d 435 SARTIN v. THE STATE. A96A1529.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1996 — RECONSIDERATION DENIED DECEMBER 4, 1996 — CERT. APPLIED FOR. RUFFIN, Judge. A jury found Timothy Sartin guilty of one count of aggravated child molestation and one count of aggravated sodomy. The trial court sentenced Sartin to 30 years […]

571 S.E.2d 181 CAPITOL VIEW COMMUNITY CHURCH et al. v. ACHOR CENTER, INC. MI-040 A02A0891.Court of Appeals of Georgia. Decided September 4, 2002 MILLER, Judge. Capitol View Community Church and its members repeatedly trespassed on premises owned by Achor Center, despite objections from Achor Center. Achor Center brought the present action to enjoin further trespasses […]

426 S.E.2d 18 HAND v. THE STATE. A92A1449.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1992. RECONSIDERATION DENIED NOVEMBER 30, 1992. ANDREWS, Judge. Hand was tried and convicted of possession of marijuana with intent to distribute, possession of LSD and possession of drug-related objects and appeals. Viewing the trial evidence in the light most favorable […]

676 S.E.2d 852 HUGHES v. THE STATE. No. A09A0008.Court of Appeals of Georgia. DECIDED MARCH 31, 2009. JOHNSON, Presiding Judge. A jury found William Hughes guilty of possession of methamphetamine with intent to sell, possession of marijuana with intent to sell, fleeing to elude a police officer, driving with a suspended license, and obstruction of […]

57 S.E.2d 831 BOYETT et al. v. THE STATE. 32641.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1950. A motion to withdraw a plea of guilty after sentence has been imposed is addressed to the sound legal discretion of the trial court, and the trial court being the exclusive arbiter of the facts, this court […]

263 S.E.2d 693 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. GAZAWAY et al. 58571.Court of Appeals of Georgia.ARGUED SEPTEMBER 26, 1979. DECIDED DECEMBER 5, 1979. McMURRAY, Presiding Judge. This case involves a wrongful death action wherein the plaintiffs’ decedent, Mrs. Cecelia Catherine Stoker, the wife of plaintiff Roy Allen Stoker and the mother of the […]

163 S.E.2d 859 NORMAN v. ALLEN.(two cases). NORMAN v. WOOD.(two cases). 43729, 43730. 43731, 43732.Court of Appeals of Georgia.ARGUED JUNE 5, 1968. DECIDED SEPTEMBER 3, 1968. REHEARING DENIED SEPTEMBER 26, 1968. 1. On motion for summary judgment, where all undisputed physical facts available are consistent with the defendant’s theory that the deceased was not negligent […]

170 S.E.2d 869 GOODYEAR TIRE RUBBER COMPANY, INC. v. JOHNSON. 44484.Court of Appeals of Georgia.ARGUED JUNE 2, 1969. DECIDED SEPTEMBER 3, 1969. REHEARING DENIED SEPTEMBER 29, 1969. 1. The ruling by this court when the case was previously here, that the evidence did not demand a verdict for either party, is the law of the […]

513 S.E.2d 513 IN THE INTEREST OF C. J. V. et al., CHILDREN. A98A2338, A98A2339.Court of Appeals of Georgia. DECIDED: MARCH 4, 1999. RUFFIN, Judge. These are related appeals from an order of the juvenile court of Cobb County, terminating the father’s parental rights to C. J. V., and the mother’s parental rights to C. […]

304 S.E.2d 747 ANDERSON v. THE STATE. 65908.Court of Appeals of Georgia. DECIDED MAY 4, 1983. BIRDSONG, Judge. Ricky Bell Anderson on July 21, 1982, pled guilty to possession of marijuana with intent to distribute and attempting to elude. He was placed on probation. On September 7, 1982, the state filed its petition to revoke […]

372 S.E.2d 445 VARRICCHIO v. JOHNSON. 76336.Court of Appeals of Georgia. DECIDED JULY 15, 1988. REHEARING DENIED JULY 29, 1988 BIRDSONG, Chief Judge. The plaintiff Varricchio appeals the trial court’s dismissal of her lawsuit, for failure to exercise reasonable diligence in perfecting service of the complaint after the statute of limitations had expired. On February […]

685 S.E.2d 479 BENEKE v. PARKER et al. No. A08A1504.Court of Appeals of Georgia. DECIDED OCTOBER 22, 2009. BLACKBURN, Presiding Judge. In Beneke v. Parker, [1] the Supreme Court of Georgia affirmed in part and reversed in part the judgment of this Court in Beneke v. Parker.[2] Therefore, we vacate that portion of Division 1 […]

357 S.E.2d 838 MID-AMERICAN ELEVATOR COMPANY, INC. v. GEMCO ELEVATOR COMPANY, INC. 74602.Court of Appeals of Georgia. DECIDED MAY 13, 1987. REHEARING DENIED MAY 27, 1987. DEEN, Presiding Judge. On August 17, 1982, the appellant, Mid-American Elevator Company, Inc., and the appellee, Gemco Elevator Company, Inc., entered into a joint venture agreement for the furnishing, […]

209 S.E.2d 240 AMERICAN TIRE COMPANY v. CREAMER. 49530.Court of Appeals of Georgia.SUBMITTED JULY 1, 1974. DECIDED OCTOBER 1, 1974. BELL, Chief Judge. Plaintiff brought suit in the State Court of Clayton County on an open account. Defendant answered and counterclaimed for personal injury. The trial court thereupon issued an order transferring the whole case […]

397 S.E.2d 622 BROOKS v. THE STATE. A90A1073.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1990. CARLEY, Chief Judge. Appellant was tried before a jury and found guilty of child molestation. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdict. 1. The trial court’s refusal […]

155 S.E.2d 716 HARTLEY v. AETNA CASUALTY SURETY COMPANY et al. (two cases). 42694, 42695.Court of Appeals of Georgia.ARGUED APRIL 3, 1967. DECIDED APRIL 6, 1967. REHEARING DENIED MAY 5, 1967. EBERHARDT, Judge. Where, upon an application by the employee for a determination of a change in condition resulting from an alleged re-injury, the board […]

549 S.E.2d 837 REEVES v. SANDERLIN AGRICULTURAL SERVICES, INC. A01A0728.Court of Appeals of Georgia. DECIDED: JUNE 6, 2001. SMITH, Presiding Judge. C. Eugene Reeves appeals from the trial court’s denial of his motion to enjoin foreclosure proceedings brought by Sanderlin Agricultural Services, Inc. against property owned by Reeves after Reeves defaulted on a debt.[1] The […]

95 S.E.2d 22 SOUTHEASTERN FAIR ASSOCIATION v. TAYLOR. 36282.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1956. REHEARING DENIED OCTOBER 23, 1956. The petition did not show that the plaintiff was barred from recovery by her own negligence; therefore, the court did not err in overruling the general demurrer to the petition. DECIDED SEPTEMBER 28, […]

546 S.E.2d 290 STROZIER v. THE STATE. A00A2388.Court of Appeals of Georgia. DECIDED: FEBRUARY 20, 2001. BLACKBURN, Chief Judge. Following the revocation of his probation for possession of cocaine, Tobias Strozier appeals, contending that: (1) the district Page 307 attorney, not the trial court, prepared the hearing calendar and assigned his case in violation of […]

517 S.E.2d 553 GREENE COUNTY v. THE NORTH SHORE RESORT AT LAKE OCONEE, LLC. A99A0798.Court of Appeals of Georgia. DECIDED: MAY 10, 1999. ELDRIDGE, Judge. North Shore Resort At Lake Oconee, LLC, (“North Shore”), plaintiff-appellee, owns and operates a business located on the shore of Lake Oconee in Greene County, defendant-appellant, and a resort business […]

411 S.E.2d 553 LIBERTY NATIONAL LIFE INSURANCE COMPANY v. COLEY. A91A1399.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1991. RECONSIDERATION DENIED OCTOBER 24, 1991. BEASLEY, Judge. Employer/self-insurer Liberty National Life Insurance Company was granted discretionary appeal from the superior court’s affirmance of an award of the State Board of Workers’ Compensation. The Board had adopted […]

373 S.E.2d 217 AUTO-OWNERS INSURANCE COMPANY v. BARNES. BARNES v. AUTO-OWNERS INSURANCE COMPANY et al. CALDWELL LANGFORD INSURANCE AGENCY, INC. v. BARNES. 76391, 76392, 76393.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1988. REHEARING DENIED SEPTEMBER 20, 1988. SOGNIER, Judge. James Barnes, the sole proprietor of a tire service and garage, brought suit against his […]

155 S.E.2d 651 BOROCHOFF PROPERTIES, INC. v. HOWARD LUMBER COMPANY; and vice versa. 42607, 42608.Court of Appeals of Georgia.ARGUED FEBRUARY 8, 1967. DECIDED APRIL 11, 1967. REHEARING DENIED MAY 5, 1967. 1. A motion tantamount to a motion for judgment notwithstanding the verdict is not permissible when a judge presides without the intervention of a […]

378 S.E.2d 515 TATUM v. TURRENTINE. 77624.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1989. BENHAM, Judge. Tatum appeals from an adjudication adverse to him in his negligence Page 171 action based on an unsatisfied workers’ compensation claim. Appellant was injured while working as an employee of Harry Ray, d/b/a Harry’s Plumbing (Harry’s), a subcontractor […]

442 S.E.2d 484 PERRY v. THE STATE. A94A0679.Court of Appeals of Georgia. DECIDED MARCH 28, 1994. McMURRAY, Presiding Judge. Defendant Perry appeals his conviction of two counts of the offense of armed robbery and of one count of the offense of possession of a firearm during commission of a felony. The sole enumeration of error […]

351 S.E.2d 536 WHITE v. THE STATE. 72504.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1986. BEASLEY, Judge. In a bench trial, appellant was convicted of driving a moving vehicle while his blood contained more than .12 percent by weight of alcohol. OCGA § 40-6-391 (a) (4). On appeal he sets forth two related points: […]

667 S.E.2d 896 SASTRE et al. v. McDANIEL et al. No. A08A1485.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 2008. MILLER, Judge. Iane and Lydia Sastre appeal from the trial court’s order dismissing, without prejudice, their petition for adoption of A.L.R. (the “child”), arguing that the trial court erred in finding that the Sastres were […]

220 S.E.2d 89 MILLER v. ARGONAUT INSURANCE COMPANY et al. 51101.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1975. DECIDED OCTOBER 9, 1975. CLARK, Judge. Three questions are presented in this workmen’s compensation appeal: (1) Did the deputy director err in concluding as an ultimate finding of fact that the employee had not shown that she […]

296 S.E.2d 233 HUGHES v. McMICHEN et al. 64339.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1982. REHEARING DENIED NOVEMBER 5, 1982. SOGNIER, Judge. Paulding County filed a complaint against McMichen and others, the heirs of Eunice McMichen Wheeler (hereinafter referred to as heirs), and Mildred Hughes, executrix of the estate of Pearl Johnston, seeking […]

486 S.E.2d 635 FOSTER v. THE STATE. A97A0912.Court of Appeals of Georgia. DECIDED MAY 1, 1997. BLACKBURN, Judge. Willie James Foster appeals his conviction on four counts of violating the Georgia Controlled Substances Act by selling cocaine or counterfeit cocaine to undercover police officers. He contends the court erred in allowing evidence of a prior […]

468 S.E.2d 387 PIGGLY WIGGLY SOUTHERN, INC. et al. v. BROWN A95A0884Court of Appeals of Georgia. DECIDED DECEMBER 5, 1995 RECONSIDERATION DENIED DECEMBER 20, 1995 CERT. APPLIED FOR. McMURRAY, Presiding Judge. Margaret Brown brought an action against Piggly Wiggly Southern Corporation (“Piggly Wiggly”) for damages she allegedly sustained when she slipped and fell in a […]

614 S.E.2d 143 VEAL v. THE STATE. A05A0750.Court of Appeals of Georgia. DECIDED APRIL 19, 2005. MIKELL, Judge. Minnon W. Veal was charged by accusation with two counts of driving under the influence of alcohol (DUI). After the trial court denied his motion to suppress/motion in limine, Veal agreed to a bench trial while reserving […]

183 S.E.2d 586 BULLOCH COUNTY HOSPITAL AUTHORITY v. FOWLER; and vice versa. MOONEY v. FOWLER; and vice versa. 45637, 45638, 45639, 45640.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1970. DECIDED JUNE 30, 1971. REHEARING DENIED JULY 14 AND JULY 16, 1971. 1. (a) A petition or complaint brought under provisions of the Civil Practice Act […]

221 S.E.2d 475 PARZINI et al. v. CENTER CHEMICAL COMPANY et al. 49653.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1974. DECIDED OCTOBER 21, 1975. REHEARING DENIED NOVEMBER 4, 1975. DEEN, Presiding Judge. 1. The facts of this case are briefly stated in our opinion and judgment of March 20, 1975, appearing in 134 Ga. App. […]

263 S.E.2d 550 JACKSON v. BEKELE. 58441.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1979. DECIDED NOVEMBER 19, 1979. BIRDSONG, Judge. Plaintiff Jackson, appellant here, sued Bekele and the Persian Townhouse Apartments for torts and damages arising from wrongful eviction and malicious abuse of process in defendant’s having executed a dispossessory warrant against her. Plaintiff’s complaint […]

441 S.E.2d 448 COOPER v. THE STATE. A93A1820.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1994. SMITH, Judge. Stanley Robert Cooper was convicted by a jury of child molestation, OCGA § 16-6-4. His motion for new trial was denied, and he appeals. His enumerations of error address the trial court’s denial of his motion to […]

521 S.E.2d 27 WILLIAMS v. THE STATE. A99A0593.Court of Appeals of Georgia. DECIDED: JULY 8, 1999. ANDREWS, Presiding Judge. Allen Williams appeals from denial of his motion for new trial after his conviction of aggravated assault resulting from a fatal shooting arising from a disagreement over a quart of beer.[1] Williams was acquitted of murder […]

268 S.E.2d 436 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CHADWICK. 59210.Court of Appeals of Georgia.SUBMITTED JANUARY 11, 1980. DECIDED APRIL 23, 1980. SOGNIER, Judge. Chadwick brought suit to recover under an automobile insurance policy issued by State Farm for the total destruction of his automobile in a collision. He alleged that its fair market […]

76 S.E.2d 26 PARADIES v. UNIVERSAL C. I. T. CREDIT CORPORATION. 34548.Court of Appeals of Georgia. DECIDED APRIL 22, 1953. Under the facts of the case, the court did not err in sustaining the demurrers to the defendant’s answer or in directing a verdict for the plaintiff. The court eliminated from the case the obligations […]

411 S.E.2d 87 NORTHSIDE BUILDING SUPPLY COMPANY v. FOURES et al. A91A1064.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1991. POPE, Judge. This court granted plaintiff’s application for interlocutory appeal from the trial court’s order denying plaintiff’s motion for summary judgment and vacating its previous grant of summary judgment. Plaintiff Northside Building Supply Company filed […]

259 S.E.2d 740 DUCHAC v. THE STATE. 57917.Court of Appeals of Georgia.SUBMITTED JUNE 13, 1979. DECIDED SEPTEMBER 18, 1979. UNDERWOOD, Judge. The appellant, Duchac, was tried in the Superior Court of Baldwin County and convicted of burglary. On appeal he insists that the trial court erred in denying his motion for a new trial on […]

600 S.E.2d 415 DIXON v. THE STATE. A04A0232.Court of Appeals of Georgia. DECIDED MAY 19, 2004. BARNES, Judge. Leonard Otis Dixon appeals his conviction of armed robbery and the denial of his motion for a new trial. Dixon was indicted for and convicted of armed robbery in violation of OCGA § 16-8-41. Following his conviction, […]

315 S.E.2d 304 RICHARDS v. THE STATE. 67567.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1984. BIRDSONG, Judge. Probation Revocation. Ricky Eugene Richards was convicted of driving without insurance, speeding, driving under the influence and habitual violator in May, 1979. He was sentenced concurrently to a period of five years probation. In June, 1983, a […]

157 S.E.2d 767 BUCKHEAD DOCTORS’ BUILDING, INC. v. OXFORD FINANCE COMPANIES, INC. 43128.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1967. DECIDED OCTOBER 11, 1967. The notice of appeal having been filed after the time provided by law, which this court can not extend, the appeal is dismissed. ARGUED OCTOBER 3, 1967 — DECIDED OCTOBER 11, […]

415 S.E.2d 516 GEORGIA PORTS AUTHORITY v. SERVAC INTERNATIONAL; and vice versa. A91A1996, A91A1997.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1992. SOGNIER, Chief Judge. Servac International brought suit against Georgia Ports Authority to recover damages arising out of an ammonia leak that contaminated portions of its cargo (frozen beef livers and chicken legs), which […]

405 S.E.2d 766 NEE v. DIXON. A91A0029.Court of Appeals of Georgia. DECIDED MAY 20, 1991. SOGNIER, Chief Judge. Mary Lou Fouts Nee brought suit against John Wesley Dixon to recover damages for injuries allegedly incurred in an automobile collision. The trial court granted summary judgment to Dixon on the ground that Nee had not exercised […]

637 S.E.2d 163 HOLLBERG v. SPALDING COUNTY et al. No. A06A0937.Court of Appeals of Georgia. DECIDED OCTOBER 5, 2006. MIKELL, Judge. We granted the application of Benjamin Sinclair Hollberg (“Sinclair”)[1] for discretionary appeal of the order granting summary judgment to Spalding County, Spalding County Board of Commissioners (“Board”), and Wilma A. Hollberg (“Wilma”), to review […]