Category: Georgia Court of Appeals Opinions

85 S.E.2d 85 GEORGIA LIFE HEALTH INS. CO. v. GAMMAGE. 35225.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1954. 1. There being no evidence raising an issue as to the insurer’s bad faith in refusing to pay a claim for benefits under a policy issued by it, the court erred in submitting this question to […]

218 S.E.2d 324 PARKER v. THE STATE. 50885.Court of Appeals of Georgia.SUBMITTED JULY 1, 1975. DECIDED SEPTEMBER 2, 1975. EVANS, Judge. Defendant was indicted at the March Term, DeKalb Superior Court (April 9, 1974) on two counts of theft by taking. On June 17, 1974, the court set the case down for trial for the […]

227 S.E.2d 95 WHITE v. THE STATE. 52148.Court of Appeals of Georgia.SUBMITTED MAY 3, 1976. DECIDED MAY 17, 1976. BELL, Chief Judge. Defendant was convicted and sentenced to serve three years for burglary and was placed on probation. His probation was revoked following a hearing. It was alleged that he violated the probation by driving […]

593 S.E.2d 900 MOUNTAIN AIRE REALTY, INC., et al. v. BIRDIE WHITE ENTERPRISES, INC. A03A2407Court of Appeals of Georgia. DECIDED: JANUARY 30, 2004 PHIPPS, Judge. Birdie White sold Birdie White Realty, Inc. to Mountain Aire Realty, Inc., but continued to work for the realty company as a sales associate. Through its principals, Melvin and Laura […]

411 S.E.2d 522 THE STATE v. LITTLER. A91A1165.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1991. RECONSIDERATION DENIED OCTOBER 16, 1991. CARLEY, Presiding Judge. The stipulated facts are as follows: Appellee was arrested at 1:00 a. m. and charged with DUI via a uniform traffic citation. After being transported to the county jail, he was […]

453 S.E.2d 141 GIVENS et al. v. THE STATE. BARFIELD v. THE STATE. A93A1102. A93A1186.Court of Appeals of Georgia. DECIDED JANUARY 11, 1995. RECONSIDERATION DENIED JANUARY 31, 1995. BLACKBURN, Judge. In Givens v. State, 211 Ga. App. 290 (439 S.E.2d 22) (1993), we affirmed the convictions of Carroll Givens and Arthur Barfield for criminal attempt […]

506 S.E.2d 441 KINNEY v. THE STATE (two cases). A98A1182, A98A1244.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1998 — RECONSIDERATION DENIED OCTOBER 16, 1998 — CERT. APPLIED FOR. SMITH, Judge. This is appellant Bruce Michael Kinney’s third appearance before this Court. In an earlier unpublished opinion, we affirmed Kinney’s 1994 conviction for violating a […]

293 S.E.2d 485 WASHINGTON v. INTERSTATE FIRE INSURANCE COMPANY. 63547.Court of Appeals of Georgia. DECIDED JULY 9, 1982. POPE, Judge. Barbara Jean Washington brought this action against Interstate Fire Insurance Company seeking to recover $10,000 on two fire insurance policies issued to her by Interstate. One policy provided coverage on her home, and the other […]

224 S.E.2d 85 SOWARDS v. THE STATE. 51582.Court of Appeals of Georgia.ARGUED JANUARY 14, 1976. DECIDED JANUARY 29, 1976. DEEN, Presiding Judge. 1. The defendant was tried and convicted on an accusation charging him with removing and transferring the inventory of the Village Market, consisting of groceries, toys and like items, with intent to hinder […]

341 S.E.2d 241 McCULLOUGH v. THE STATE. 71655.Court of Appeals of Georgia. DECIDED JANUARY 28, 1986. REHEARING DENIED FEBRUARY 10, 1986. BANKE, Chief Judge. The defendant was convicted of possessing marijuana in violation of the Georgia Controlled Substances Act. On appeal, he contends that the trial court erred in denying his motion to suppress the […]

483 S.E.2d 308 DOOLEY v. DUN BRADSTREET SOFTWARE SERVICES, INC. A96A2094.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1997 — RECONSIDERATION DENIED MARCH 4, 1997. SMITH, Judge. James F. Dooley, Jr., filed suit against his former employer, Dun Bradstreet Software Services, Inc., d/b/a D B Software (D B), seeking damages under theories of breach of […]

335 S.E.2d 305 BAGBY v. THE STATE. 71243.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1985. BENHAM, Judge. Pending a decision on his motion for new trial after his conviction for sale of cocaine, appellant moved the trial court to set a supersedeas bond. The trial court conducted a hearing at which appellant presented several […]

166 S.E.2d 604 STATE HIGHWAY DEPARTMENT v. CANTRELL et al. 43973.Court of Appeals of Georgia.SUBMITTED OCTOBER 7, 1968. DECIDED FEBRUARY 27, 1969. 1. (a) Failure of counsel to request further instruction or to renew the motion for mistrial does not preclude a review of the judgment denying the motion. Code Ann. § 81A-146 (b), made […]

138 S.E.2d 96 SARNO et al. v. HOFFMAN. 40546.Court of Appeals of Georgia. DECIDED JULY 15, 1964. REHEARING DENIED JULY 30, 1964. 1. (a) When a guest-innkeeper situation is alleged giving rise to a duty on the part of the latter to provide safe premises and appliances for the former, allegations of constructive knowledge of […]

325 S.E.2d 908 SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY v. LaROCHE; and vice versa. 69557, 69558.Court of Appeals of Georgia. DECIDED JANUARY 16, 1985. BANKE, Chief Judge. As the plaintiff was using a pay telephone owned by defendant Southern Bell Telephone and Telegraph Company and located on the premises of a grocery store owned by defendant […]

542 S.E.2d 536 GORDY v. GORDY A00A1919.Court of Appeals of Georgia. DECIDED: NOVEMBER 15, 2000 ELLINGTON, Judge. Sheri Lynne Gordy appeals the order of the trial court which gave custody of her two minor children to Jeffrey Todd Gordy and required her to pay child support. Gordy contends the trial court abused its discretion in […]

434 S.E.2d 521 PETERSON et al. v. RTM MID-AMERICA, INC. et al. ARBY’S, INC. v. PETERSON et al. A93A0565, A93A0566.Court of Appeals of Georgia. DECIDED JULY 12, 1993. RECONSIDERATION DENIED JULY 28, 1993. COOPER, Judge. Randall Gernaat, a white supervisor at an Arby’s franchise in Michigan, robbed the restaurant and murdered Dwayne Peterson, a black […]

28 S.E.2d 313 COURSON v. ATLANTA, BIRMINGHAM COAST RAILROAD COMPANY. 30189.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1943. REHEARING DENIED DECEMBER 14, 1943. A petition from which it appears that a recovery is sought for the homicide of a guest in an automobile caused by a collision of the automobile and a train of […]

403 S.E.2d 442 RAY et al. v. MAXWELL. A90A1678.Court of Appeals of Georgia. DECIDED JANUARY 16, 1991. REHEARING DENIED MARCH 6, 1991. BIRDSONG, Presiding Judge. Appellants, pro se, filed this direct appeal after they were found in contempt of court for violating a permanent restraining order. Their notice of appeal states in its entirety: “Fred […]

530 S.E.2d 223 SMITH v. THE STATE. A99A1978.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 2000. MILLER, Judge. Craig V. Smith was tried before a jury and found guilty of robbery, armed robbery, hijacking a motor vehicle, and aggravated assault. On direct appeal, he was granted a new trial due to an “illegally constituted jury.”[1] […]

324 S.E.2d 498 ALLSTATE INSURANCE COMPANY v. O’BRIEN. 68938.Court of Appeals of Georgia. DECIDED NOVEMBER 8, 1984. REHEARING DENIED NOVEMBER 21, 1984. SOGNIER, Judge. Teresa O’Brien sued Allstate Insurance Company (“Allstate”) seeking to recover optional personal injury protection (PIP) benefits under an automobile insurance policy issued to her by Allstate. O’Brien’s husband was killed in […]

166 S.E.2d 582 TURNER v. THE STATE. 44034.Court of Appeals of Georgia.SUBMITTED NOVEMBER 8, 1968. DECIDED JANUARY 30, 1969. QUILLIAN, Judge. An application was made by the State to revoke the probation of the appellant. On the hearing of the issue there was conflicting evidence of whether the appellant had committed the acts charged in […]

488 S.E.2d 763 GRANT v. THE STATE. A97A0136.Court of Appeals of Georgia. DECIDED JULY 11, 1997. POPE, Presiding Judge. A jury convicted defendant Homer Lee Grant of theft by taking a motor vehicle, possession of cocaine, obstruction of a law enforcement officer and possession and use of drug related objects. On appeal, defendant contends the […]

118 S.E.2d 492 HARDY et al. v. BROOKS. 38526.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1961. 1. Questions of negligence and diligence and of cause and proximate cause and whose negligence constituted the proximate cause of the plaintiff’s injuries are, except in plain, palpable and indisputable cases, solely for the jury, and the courts […]

217 S.E.2d 382 JOHNSON v. THE STATE. 50613.Court of Appeals of Georgia.ARGUED MAY 7, 1975. DECIDED JUNE 9, 1975. QUILLIAN, Judge. The appellant was tried and convicted of the offense of receiving additional compensation as a bondsman in violation of Code § 27-506 (Ga. L. 1921, p. 245); punished as a misdemeanor by Code § […]

167 S.E.2d 729 LEWIS v. AMERICAN ROAD INSURANCE COMPANY. 43831.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 5, 1968. DECIDED APRIL 4, 1969. While it was error to admit in evidence for defendant a previous contradictory statement of one of defendant’s witnesses, it is presumed that the judge, who tried the case without a jury, based the […]

281 S.E.2d 354 B D CARPET FINISHING COMPANY, INC. v. GUNNY CORPORATION. 61933.Court of Appeals of Georgia. DECIDED MAY 22, 1981. DEEN, Presiding Judge. B D Carpet Finishing Co. brought suit against The Gunny Corporation for breach of a contract to supply jute carpet backing for its carpet finishing business. The evidence showed that Gunny […]

317 S.E.2d 277 BROOKS v. STONE et al. 67334.Court of Appeals of Georgia. DECIDED MARCH 7, 1984. REHEARING DENIED MARCH 26, 1984. DEEN, Presiding Judge. The facts in this case at first blush almost suggest the innocuous talking animal characters and fictions contained in Aesop’s Fables. This case involves the editors of the Medical College […]

86 S.E.2d 370 SOUTHERN LIFE INSURANCE CO. OF GEORGIA v. CITIZENS BANK OF NASHVILLE, etc.; and vice versa. 35399, 35406.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1955. (a) Where, as here, a party who is in privity to a contract brings suit against the other party to the contract on a cause of action […]

454 S.E.2d 807 FINCH v. BROWN. A94A2527.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1995. RUFFIN, Judge. Barbara A. Finch appeals from the trial court’s entry of a declaratory judgment against her. The entire record from the proceedings below consists of the complaint for declaratory judgment filed by Nell Brown, the entry of service, Finch’s […]

474 S.E.2d 228 CARTER v. THE STATE. A96A0772.Court of Appeals of Georgia. DECIDED JULY 15, 1996 — RECONSIDERATION DENIED AUGUST 5, 1996 — CERT. APPLIED FOR. RUFFIN, Judge. Sally Carter was indicted for misdemeanor obstruction of an officer (OCGA § 16-10-24 (a)). The trial court denied Carter’s motion for directed verdict, and the jury convicted […]

611 S.E.2d 720 MORRISON v. THE STATE (two cases). A04A1739, A04A1740.Court of Appeals of Georgia. DECIDED MARCH 8, 2005. MIKELL, Judge. The Gwinnett County District Attorney’s Office filed two unrelated accusations against Joseph R. Morrison on October 1, 2001. In Accusation No. 01-B-03649-8, Morrison was charged with possession of methamphetamine (Count 1) and reckless driving […]

131 S.E.2d 74 MANGHAM v. HOTEL RESTAURANT SUPPLY COMPANY. 40062.Court of Appeals of Georgia. DECIDED APRIL 15, 1963. RUSSELL, Judge. 1. Mutual mistake may be a good defense in law to the enforcement of a contract. Code § 20-308. But a defendant seeking in a court of law to avoid his contract for this reason […]

666 S.E.2d 713 ULQ, LLC v. MEDER. No. A08A1205.Court of Appeals of Georgia. DECIDED JULY 18, 2008. RECONSIDERATION DENIED AUGUST 1, 2008. BLACKBURN, Presiding Judge. Terrance Meder sued ULQ, LLC for breach of contract, breach of fiduciary duty, and conversion arising out of the termination of Meder as an officer in ULQ and the resulting […]

41 S.E.2d 921 LEATHERS v. TURNER et al. 31371.Court of Appeals of Georgia. DECIDED MARCH 8, 1947. REHEARING DENIED MARCH 28, 1947. The court did not err in overruling the demurrers and renewed demurrers to the petition as amended. DECIDED MARCH 8, 1947. REHEARING DENIED MARCH 28, 1947. Complaint: from Fulton Civil Court — Judge […]

512 S.E.2d 287 HOUSE v. THE STATE A99A0043.Court of Appeals of Georgia. DECIDED: JANUARY 25, 1999 — RECONSIDERATION DENIED FEBRUARY 11, 1999. ELDRIDGE, Judge. The defendant, Ronald Dewayne House, appeals his December 1997 conviction for the offenses of aggravated child molestation, child molestation, and rape of a seven-year-old girl. Finding no error, we affirm the […]

246 S.E.2d 695 CLOVER REALTY COMPANY v. J. L. TODD AUCTION COMPANY et al. TODD et al. v. CLOVER REALTY COMPANY. 55293, 55370.Court of Appeals of Georgia.ARGUED FEBRUARY 1, 1978. DECIDED JUNE 15, 1978. REHEARING DENIED JULY 10, 1978. SMITH, Judge. Clover Realty Company appeals the trial court’s grant of summary judgment to appellees, Cowsert […]

600 S.E.2d 829 ADAGE, INC. et al. v. BANK OF AMERICA, N.A. A04A1397.Court of Appeals of Georgia. DECIDED JUNE 15, 2004. ANDREWS, Presiding Judge. Adage, Inc. and Jaswant Pujari appeal from the order of the Superior Court of Gwinnett County confirming an arbitration award entered in favor of Bank of America, N.A. (BOA), and entering […]

336 S.E.2d 350 IFFLAND v. LANCASTER et al. 71176.Court of Appeals of Georgia. DECIDED OCTOBER 16, 1985. BANKE, Chief Judge. The appellant entered into negotiations with appellee David Lancaster in January of 1983, for the purchase of certain real estate owned by Lancaster and his wife in McDuffie County, Georgia. Although they never entered into […]

262 S.E.2d 602 TANNER v. TINSLEY. 58657.Court of Appeals of Georgia.ARGUED OCTOBER 2, 1979. DECIDED NOVEMBER 14, 1979. DEEN, Chief Judge. The litigants entered into an agreement on March 12, 1971, that “we will equally assume the responsibility of a certain note [identified]. We further agree that we will share equally any money collected from […]

148 S.E.2d 192 BLEVINS v. THE STATE. 41659.Court of Appeals of Georgia.ARGUED JANUARY 5, 1966. DECIDED MARCH 11, 1966. REHEARING DENIED APRIL 1, 1966. HALL, Judge. The defendant appeals from the judgment of the trial court refusing to allow his demand for trial or order it spread upon the minutes of the court. On August […]

408 S.E.2d 490 ROSS v. CHATHAM COUNTY HOSPITAL AUTHORITY. A91A0375.Court of Appeals of Georgia. DECIDED JULY 12, 1991. BANKE, Presiding Judge. The appellant filed this medical malpractice action to recover for injuries caused by the failure to remove a surgical instrument from his abdomen during an operation which was performed at the appellee hospital in […]

424 S.E.2d 374 HUSSEY v. THE STATE. A92A1191.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1992. SOGNIER, Chief Judge. Peter Hussey was found guilty of two counts of simple battery and one count of battery at a non-jury trial, and he appeals. 1. Appellant was charged in the accusation with two counts of simple battery, […]

677 S.E.2d 758 DULCIO v. THE STATE. No. A09A0673.Court of Appeals of Georgia. DECIDED APRIL 22, 2009. ANDREWS, Presiding Judge. Kernio Dulcio appeals from the judgment entered after a jury found him guilty of possession with intent to distribute cocaine, possession of marijuana, obstruction of an officer, and tampering with evidence. Dulcio argues that the […]

578 S.E.2d 214 ROBINSON v. THE STATE. A02A2042.Court of Appeals of Georgia. Decided February 11, 2003 MIKELL, Judge. Kerry Robinson was convicted of rape by a Colquitt County jury and was sentenced to 20 years to serve. Robinson was tried with co-defendant Sedrick Moore, who was convicted of rape, armed robbery, burglary, and three counts […]

205 S.E.2d 507 EVANS et al. v. MOORE et al. 48811.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1974. DECIDED MARCH 6, 1974. BELL, Chief Judge. This case is a suit for damages for breach of warranty of title to an automobile. One of the defendants, Weeks, defaulted. A jury returned a special verdict for plaintiff […]

446 S.E.2d 522 WEBSTER v. BROWN. A94A0803.Court of Appeals of Georgia. DECIDED JULY 1, 1994. RECONSIDERATION DENIED JULY 13, 1994. BEASLEY, Presiding Judge. Plaintiff Webster appeals from a judgment on a jury verdict in her favor in an action arising from an auto collision that occurred when Brown turned left in front of the vehicle […]

406 S.E.2d 549 McCOMBS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. A91A0175.Court of Appeals of Georgia. DECIDED JUNE 11, 1991. BEASLEY, Judge. Plaintiff-insured McCombs appeals the trial court’s grant of summary judgment to defendant insurer, State Farm Mutual Automobile Insurance Company, in this suit to recover additional no-fault medical payment benefits for injuries McCombs sustained […]

199 S.E.2d 624 WHITE v. THE STATE. 48273.Court of Appeals of Georgia.SUBMITTED MAY 29, 1973. DECIDED JUNE 14, 1973. REHEARING DENIED JULY 10, 1973. DEEN, Judge. 1. As against the appellant’s contention on this voluntary manslaughter conviction that the evidence would support only a murder conviction or acquittal because of justifiable homicide under the fears […]

456 S.E.2d 769 THE STATE v. LAMB. A95A0588.Court of Appeals of Georgia. DECIDED APRIL 17, 1995. POPE, Presiding Judge. Defendant-appellee was charged with driving under the influence of alcohol, driving with an unlawful alcohol concentration and operating a vehicle without headlights. The trial court granted defendant’s Page 291 motion to suppress the results of state-administered […]

404 S.E.2d 651 HOLLOMAN v. THE STATE. A90A1988.Court of Appeals of Georgia. DECIDED MARCH 22, 1991. COOPER, Judge. Appellant was convicted in probate court of driving under the influence and speeding and appealed his conviction to the superior court pursuant to OCGA § 40-13-28. At the hearing in superior court, appellant argued that there was […]

282 S.E.2d 1 CLARKE v. THE STATE. 61775.Court of Appeals of Georgia. DECIDED JUNE 5, 1981. SHULMAN, Presiding Judge. Defendant was convicted of the offenses of burglary and rape. We affirm. Defendant alleges as his sole enumeration of error the trial court’s failure to grant him a post-indictment preliminary hearing, properly transcribed. A preliminary hearing […]

247 S.E.2d 579 MADRAY v. DEPARTMENT OF HUMAN RESOURCES. 56065.Court of Appeals of Georgia.SUBMITTED JUNE 29, 1978. DECIDED JULY 14, 1978. SMITH, Judge. The appellant, whose parental rights in her minor child were terminated by order of the juvenile court, appeals the order, contending only that the evidence did not warrant termination. Though we will […]

26 S.E.2d 115 OVERSTREET, administrator, v. METROPOLITAN LIFE INSURANCE COMPANY. 30025.Court of Appeals of Georgia. DECIDED APRIL 8, 1943. REHEARING DENIED JUNE 8, 1943. In an action to recover on an insurance policy for accidental death, the evidence for the plaintiff did not reasonably exclude the hypothesis that the death was caused or contributed to […]

218 S.E.2d 674 R. W. v. STATE OF GEORGIA. 50859.Court of Appeals of Georgia.SUBMITTED JUNE 17, 1975. DECIDED SEPTEMBER 3, 1975. MARSHALL, Judge. This is an appeal from an adjudication as a delinquent and the disposition flowing therefrom. Appellant, then a 14-year-old youth, brings four enumerations of error to this court alleging (1) that the […]

316 S.E.2d 171 DIGGS v. THE STATE. 67198.Court of Appeals of Georgia. DECIDED FEBRUARY 29, 1984. SOGNIER, Judge. Appellant was convicted of theft by taking and attempted theft by taking by obtaining airline tickets fraudulently and charging them to credit cards of other persons without their knowledge or consent. He contends on appeal that the […]

491 S.E.2d 837 OSBORNE BONDING SURETY COMPANY v. THE STATE OF GEORGIA. A97A1112.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1997 — CERT. APPLIED FOR. RUFFIN, Judge. Osborne Bonding Surety Company (“Osborne”) appeals from a final judgment entered against it and Eduardo Mejia on a forfeited criminal appearance bond. For reasons which follow, we affirm. […]

292 S.E.2d 87 FERGUSON v. THE STATE. 63561.Court of Appeals of Georgia. DECIDED MAY 26, 1982. REHEARING DENIED JULY 19, 1982. SHULMAN, Presiding Judge. Accused of driving 47 miles per hour in a 30 mile per hour zone, appellant was found guilty by a jury and was sentenced to pay a fine of $30. She […]

550 S.E.2d 127 COX v. THE STATE. A01A0396.Court of Appeals of Georgia. DECIDED: JUNE 12, 2001 MILLER, Judge. After a bench trial, James M. Cox was convicted of driving with a suspended license in violation of O.C.G.A. § 40-5-121 (a). Raising four related enumerations of error challenging his stop and arrest, Cox appeals his conviction. […]

600 S.E.2d 706 WALLER v. THE STATE. A04A0326.Court of Appeals of Georgia. DECIDED MAY 27, 2004. MIKELL, Judge. James H. Waller, Jr., was charged in a nine-count indictment with aggravated assault, attempted removal of a weapon from a public official (OCGA § 16-10-33), criminal attempt to commit arson, obstruction of an officer (three counts), and […]

441 S.E.2d 473 DONALDSON et al. v. DEPARTMENT OF TRANSPORTATION et al. A94A0103.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1994. RECONSIDERATION DENIED MARCH 1, 1994. BLACKBURN, Judge. On February 22, 1987, the appellant, Billy Donaldson, Jr., was injured in a motor vehicle collision at an intersection maintained by the Department of Transportation (DOT). The […]

361 S.E.2d 714 MADDEN-LEE v. DAY’S INNS OF AMERICA, INC. et al. 75268.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1987. DEEN, Presiding Judge. Appellant, Brenda Madden-Lee, brought a multi-count lawsuit against Day’s Inns of America, David D. Workman, and Commercial Management Co., Inc., after her position as a general manager of a motel was […]

479 S.E.2d 21 GRIFFIN v. THE STATE. A96A1178.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1996. BEASLEY, Chief Judge. Griffin appeals his convictions of loitering and prowling (OCGA § 16-11-36) and obstruction of a law enforcement officer (OCGA § 16-10-24). 1. He challenges the sufficiency of the evidence to support his conviction of loitering and […]

414 S.E.2d 742 GARCIA et al. v. ALLEN et al. A91A1794.Court of Appeals of Georgia. DECIDED JANUARY 21, 1992. Judge Arnold Shulman. Appellant Garcia was charged in a multiple count indictment with practicing medicine without a license and unlawfully dispensing controlled substances and dangerous drugs. Shortly before trial his attorneys, who are his co-appellants herein, […]

220 S.E.2d 33 HAYNES v. CITY OF LAKE CITY. 51160.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1975. DECIDED SEPTEMBER 30, 1975. REHEARING DENIED OCTOBER 9, 1975. PANNELL, Presiding Judge. On November 25, 1974, appellant filed a notice of appeal from a judgment rendered against her in the trial Page 113 court. On January 8, 1975, […]

387 S.E.2d 399 METRO LEASING, INC. v. HEALTH, EDUCATION RESEARCH SERVICES, INC. A89A1679.Court of Appeals of Georgia. DECIDED OCTOBER 10, 1989. BANKE, Presiding Judge. The appellant sued the appellee to recover damages for its alleged breach of an equipment lease pertaining to a copier, and the appellee counterclaimed on the basis of allegations that “[t]he […]

581 S.E.2d 303 GLISSON COKER, INC. v. COKER et al. A03A0535.Court of Appeals of Georgia. Decided March 13, 2003 JOHNSON, Presiding Judge. John Glisson and Robert Coker began working together in 1996. In July 1999, they incorporated Glisson Coker, Inc. (hereinafter “GCI”). GCI was engaged in the business of representing manufacturers as their sales representatives […]

38 S.E.2d 689 GUARDIAN LIFE INSURANCE COMPANY OF AMERICA v. McMICHAEL. 31248.Court of Appeals of Georgia. DECIDED JUNE 6, 1946. REHEARING DENIED JULY 5, 1946. 1. Allegations that an insured came to his death by accidentally falling to the ground from the fourth floor of a hotel, and that his death “resulted directly and independently […]

638 S.E.2d 366 MAHAN v. THE STATE. No. A06A1575.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 2006. RUFFIN, Chief Judge. A jury found Isaiah Mahan guilty of aggravated assault against Trevioun Holmes, his girlfriend’s infant son.[1] Mahan appeals, challenging the sufficiency of the evidence and arguing that he received ineffective assistance of counsel. Finding no […]

292 S.E.2d 84 TOUCHE ROSS COMPANY v. DASD CORPORATION. 64063.Court of Appeals of Georgia. DECIDED MAY 26, 1982. The appellant plaintiff entered into a contract with the defendant to procure its aid in the performance of certain computer programs for a state agency pursuant to a bid it made and which was later awarded to […]

582 S.E.2d 179 CRANE BROTHERS, INC. v. MAY. A01A2281.Court of Appeals of Georgia. DECIDED: MAY 9, 2003 PHIPPS, Judge. In May v. Crane Brothers,[1] the Supreme Court of Georgia reversed the judgment of this court in Crane Brothers v. May.[2] Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as […]

318 S.E.2d 199 TEAL et al. v. PARRISH et al. 68172.Court of Appeals of Georgia. DECIDED APRIL 25, 1984. BANKE, Presiding Judge. The plaintiffs appeal the denial of their extraordinary motion for new trial, which was based on newly discovered evidence. In a previous appeal, we affirmed a judgment entered upon a jury verdict for […]

332 S.E.2d 358 GRIFFITH v. NANCE. 69808.Court of Appeals of Georgia. DECIDED JUNE 6, 1985. POPE, Judge. Harvey L. Griffith brought an action for trover against Steven L. Nance seeking the return of a 1980 Mercedes 300 SD automobile. A jury returned a verdict for appellee Nance and Griffith now appeals. Page 60 In December […]

305 S.E.2d 26 TEMPO CARPET COMPANY v. COLLECTIBLE CLASSIC CARS OF GEORGIA, INC. 65873.Court of Appeals of Georgia. DECIDED MAY 9, 1983. QUILLIAN, Presiding Judge. This is an appeal from a grant of summary judgment to one of the two defendants originally is this case. Following a jury trial the trial court directed a verdict […]

639 S.E.2d 384 GRAHAM v. THE STATE. NIDA v. THE STATE. A06A1827, A06A1828.Court of Appeals of Georgia. DECIDED NOVEMBER 28, 2006. SMITH, Presiding Judge. A Newton County grand jury indicted Eddie James Lee Graham, Apollo Nida, and four other individuals on a twenty-count indictment alleging violation of the Georgia Racketeer Influenced and Corrupt Organizations (RICO) […]

18 S.E.2d 93 METROPOLITAN LIFE INSURANCE COMPANY v. APPLEWHITE. 29088.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1941. The petition failed to set out a cause of action, and the court erred in overruling the general demurrer. DECIDED DECEMBER 3, 1941. Complaint on life policy; from Thomas superior court — Judge Thomas. April 3, 1941. […]

554 S.E.2d 592 JACKSON v. THE STATE. A01A1048.Court of Appeals of Georgia. DECIDED: SEPTEMBER 4, 2001. SMITH, Presiding Judge. Johnnie Jackson was convicted by a jury of five counts of aggravated assault and two counts of aggravated battery. He filed a motion for new trial, which was denied. His sole contention on appeal is that […]

466 S.E.2d 607 ALEXANDER v. GENERAL MOTORS CORPORATION. A95A1400.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1995. RECONSIDERATION DENIED DECEMBER 20, 1995. CERT. APPLIED FOR. ANDREWS, Judge. The trial court granted partial summary judgment in favor of General Motors dismissing the portion of Alexander’s products liability action based on a theory of strict liability, and […]

158 S.E.2d 291 PRATHER v. THE STATE. 43022.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 7, 1967. DECIDED NOVEMBER 20, 1967. BELL, Presiding Judge. 1. Knowledge that goods are stolen is an essential element of the crime of receiving stolen goods. Sanford v. State, 4 Ga. App. 449 (61 S.E. 741). Where one admits buying and receiving […]

495 S.E.2d 885 STATE v. GILSTRAP. A98A0237.Court of Appeals of Georgia. DECIDED JANUARY 21, 1998. JOHNSON, Judge. Guy Gilstrap was arrested and cited for several traffic offenses. Page 282 He posted bond and was released from custody three days later.[1] The District Attorney prepared and filed an accusation charging Gilstrap with driving after having been […]

319 S.E.2d 137 LUCK et al. v. THE STATE. 66306.Court of Appeals of Georgia. DECIDED APRIL 20, 1984. BANKE, Presiding Judge. In accordance with the decision of the Supreme Court in State v. Luck, 252 Ga. 347 (312 S.E.2d 791) (1984), the prior decision of this court reported at 168 Ga. App. 464 (309 S.E.2d […]

711 S.E.2d 362 STAIB v. THE STATE. No. A11A0355.Court of Appeals of Georgia. DECIDED JUNE 6, 2011. ELLINGTON, Chief Judge. A Floyd County jury found Amanda Staib guilty beyond a reasonable doubt of two counts of cruelty to children in the second degree, OCGA § 16-5-70 (c), and two counts of contributing to the deprivation […]

234 S.E.2d 416 DAVIS v. EMBRY et al. 53552.Court of Appeals of Georgia.SUBMITTED FEBRUARY 28, 1977. DECIDED MARCH 17, 1977. REHEARING DENIED MARCH 31, 1977. BELL, Chief Judge. The only question argued in this case is the constitutionality of Code § 67-702. The record fails to show that the appellant raised this question and obtained […]

551 S.E.2d 82 ROCHA v. THE STATE. A01A0492.Court of Appeals of Georgia. DECIDED: JUNE 26, 2001. ELLINGTON, Judge. Luiza M. Rocha appeals from her conviction of driving without a valid license, O.C.G.A. § 40-5-20 (a).[1] For the reasons which follow, we affirm. At the bench trial on Rocha’s traffic citation, the following undisputed evidence was […]

370 S.E.2d 203 BROWN v. THE STATE. 75891.Court of Appeals of Georgia. DECIDED JUNE 1, 1988. McMURRAY, Presiding Judge. Defendant Brown appeals his convictions for the offenses of burglary, driving while license suspended, reckless driving, leaving the scene of an accident, and theft by taking (motor vehicle). Held: 1. Defendant enumerates as error the trial […]

405 S.E.2d 710 WHIDDON v. DIXON. A91A0190.Court of Appeals of Georgia. DECIDED APRIL 2, 1991. REHEARING DENIED MAY 3, 1991. BEASLEY, Judge. Appellee Dixon brought this suit against appellant Whiddon for money had and received. The final judgment in favor of Dixon on a jury verdict is affirmed. Dixon entered into an agreement with Whiddon […]

260 S.E.2d 416 SHEFFIELD v. LOCKHART. 58534.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1979. DECIDED SEPTEMBER 27, 1979. QUILLIAN, Presiding Judge. Defendant Sheffield appeals from a jury verdict on damages for the plaintiff Lockhart. Sheffield admitted liability arising from an automobile traffic accident wherein she struck Lockhart who was a pedestrian on the sidewalk. The […]

211 S.E.2d 23 GEORGIA POWER COMPANY v. BAGGARLEY et al. GEORGIA POWER COMPANY v. WILLIAMS et al. (two cases). 49841. 49842, 49843.Court of Appeals of Georgia.SUBMITTED NOVEMBER 4, 1974. DECIDED NOVEMBER 25, 1974. QUILLIAN, Judge. In a condemnation case where a special master has been appointed a hearing is held before him in regard to […]

314 S.E.2d 478 BRAGG et al. v. SIROCKMAN et al. 67247.Court of Appeals of Georgia. DECIDED JANUARY 31, 1984. POPE, Judge. Appellants Russell L. Bragg and his wife, Evelyn J. Bragg, brought a shareholder’s derivative suit against appellees John S. Sirockman, Jr. (brother-in-law to Russell Bragg), Wayonda B. Sirockman, and Keith Sirockman, individually and as […]

640 S.E.2d 698 CITY OF ATLANTA v. JONES et al. No. A06A1691.Court of Appeals of Georgia. DECIDED DECEMBER 21, 2006. MIKELL, Judge. Nightclub managers Alan R. Jones, James Lee Berdine, and Brian T. May (collectively the “managers”) were convicted by the Municipal Court of Atlanta of violating code section 10-46 of the Code of Ordinances […]

512 S.E.2d 699 TURNER v. THE STATE. A98A2282.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1999. BEASLEY, Presiding Judge. Turner appeals his convictions of speeding (O.C.G.A. §40-6-183) and attempting to elude a police officer (O.C.G.A. §40-6-395). The arresting officer Attaway testified as follows. At Page 593 approximately 11:30 p.m. on May 24, 1997, he was […]

245 S.E.2d 361 STAFFORD v. THE STATE. 55728.Court of Appeals of Georgia.SUBMITTED APRIL 11, 1978. DECIDED MAY 17, 1978. BELL, Chief Judge. Defendant was convicted of entering an automobile with intent to commit a theft. Held: 1. A police officer testified that following his arrest, the defendant stated that he would object to having his […]

525 S.E.2d 770 MULLINS et al. v. THE STATE. A99A1457.Court of Appeals of Georgia. DECIDED: NOVEMBER 19, 1999. SMITH, Judge. Jimmy Wayne Mullins and Kimberly Carmela Mullins were charged in a two-count indictment with possession of amphetamines with intent to distribute and possession of less than an ounce of marijuana. Both were found guilty by […]

346 S.E.2d 101 HARRISON v. S B TRUCKING, INC. et al. 72002.Court of Appeals of Georgia. DECIDED JUNE 5, 1986. McMURRAY, Presiding Judge. This is an action for damages arising from a motor vehicle collision. Plaintiff’s complaint alleges that his vehicle was traveling on an interstate highway when it was struck from the rear by […]

510 S.E.2d 918 JOHNSON v. THE STATE. A98A2167Court of Appeals of Georgia. DECIDED: JANUARY 21, 1999. JOHNSON, Chief Judge. Hazel Johnson appeals her conviction of voluntary manslaughter. Johnson testified that she and Cato Mathis were living together Page 62 in a trailer. They attended a party at a friend’s home. Mathis was drinking and smoking […]

85 S.E.2d 40 MORGAN v. CROWLEY. 35309.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1954. 1. Where the note sued on provided for a legal rate of interest before maturity and an illegal rate of interest after maturity, and it did not affirmatively appear from the petition that the plaintiff had sought or was seeking […]

319 S.E.2d 508 STINSON v. GEORGIA DEPARTMENT OF HUMAN RESOURCES CREDIT UNION. 68517.Court of Appeals of Georgia. DECIDED JUNE 22, 1984. DEEN, Presiding Judge. Appellee Credit Union brought suit against appellant Ralph Stinson on March 29, 1983, alleging that he had defaulted on a promissory Page 304 note and was indebted to it in the […]

156 S.E.2d 191 MAVITY v. FIRST OF GEORGIA INSURANCE COMPANY et al. 42794.Court of Appeals of Georgia.ARGUED MAY 3, 1967. DECIDED MAY 22, 1967. FELTON, Chief Judge. 1. “The principal place of business of a corporation as fixed by its charter is its legal residence and the only place it can be sued in the […]

25 S.E.2d 96 ANDERSON v. BUICE. 29819.Court of Appeals of Georgia. DECIDED APRIL 1, 1943. The petition alleges wilful conduct on the part of the defendant, in violation of the plaintiff’s rights. She is entitled to recover for whatever fright and physical injuries were proximately caused thereby. The court did not err in overruling the […]