Category: Georgia Court of Appeals Opinions

167 S.E.2d 222 DAVIS et al. v. AMERICAN ACCEPTANCE CORPORATION. 44263.Court of Appeals of Georgia.ARGUED FEBRUARY 4, 1969. DECIDED FEBRUARY 28, 1969. Where a motion for judgment on the pleadings is converted into a motion for summary judgment in accordance with Code Ann. § 81A-112 (c), the opposing party is entitled to an additional 30 […]

291 S.E.2d 566 LYLE v. SOUTHERN FEDERAL SAVINGS LOAN ASSOCIATION OF ATLANTA. 61862.Court of Appeals of Georgia. DECIDED MAY 25, 1982. SHULMAN, Presiding Judge. This court having entered on September 10, 1981, a judgment in the above-styled case (160 Ga. App. 196 (286 S.E.2d 438)), reversing the judgment of the trial court; and the judgment […]

182 S.E.2d 678 GENERAL FIRE CASUALTY COMPANY et al. v. BELLFLOWER et al. 46201.Court of Appeals of Georgia.ARGUED MAY 6, 1971. DECIDED MAY 21, 1971. REHEARING DENIED JUNE 4, 1971. The trial judge properly affirmed the award of the Board of Workmen’s Compensation. ARGUED MAY 6, 1971 — DECIDED MAY 21, 1971 — REHEARING DENIED […]

117 S.E.2d 902 DEPARTMENT OF REVENUE v. GRAHAM. 38572.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1960. 1. The motion to dismiss is without merit and is denied. 2. Findings of fact by a deputy director of the State Board of Workmen’s Compensation when supported by any evidence, and in the absence of fraud, are […]

298 S.E.2d 561 PONDER v. THE STATE. 64646.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1982. CARLEY, Judge. Appellant was convicted of burglary. A notice of appeal from the judgment entered on the verdict was timely filed on December 28, 1981. A motion for new trial was subsequently filed January 12, 1982, and the order […]

264 S.E.2d 507 COHRAN v. DOUGLASVILLE CONCRETE PRODUCTS, INC. 58627.Court of Appeals of Georgia.ARGUED OCTOBER 2, 1979. DECIDED JANUARY 9, 1980. CARLEY, Judge. Appellant, plaintiff below, was driving his car along the highway when he observed the appellee’s truck protruding from a driveway into the lane of oncoming traffic. As he approached the truck, appellant […]

347 S.E.2d 709 WILSON v. THE STATE. 72322.Court of Appeals of Georgia. DECIDED JULY 14, 1986. McMURRAY, Presiding Judge. Via indictment, defendant and a co-defendant were accused of trafficking in cocaine. Defendant was tried separately and found guilty of the crime charged by the court sitting without a jury. He was sentenced to serve 20 […]

268 S.E.2d 722 HENDLEY v. AUTO OWNERS INSURANCE COMPANY et al. 59558.Court of Appeals of Georgia.SUBMITTED MARCH 5, 1980. DECIDED APRIL 10, 1980. DEEN, Chief Judge. On December 10, 1979, Betty J. Hendley filed a direct appeal to this court in a workers’ compensation case. Code Ann. § 6-701.1 (b) mandates that appeals from decisions […]

206 S.E.2d 42 HENDRIX et al. v. SCARBOROUGH et al. 48990.Court of Appeals of Georgia.SUBMITTED JANUARY 17, 1974. DECIDED MARCH 15, 1974. HALL, Presiding Judge. Mr. and Mrs. Hendrix, appellants, appeal from three orders entered by the trial court in a suit on a note and guaranty brought by one Scarborough against appellants, Page 343 […]

463 S.E.2d 535 UNITED REFRIGERATED SERVICES, INC. v. EMMER. A95A1440.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1995. RUFFIN, Judge. Mary Emmer was injured when the tractor-trailer truck in which she was a passenger collided with a CSX train at the intersection of the railroad track and LaGrange Boulevard in LaGrange, Georgia. United Refrigerated Services, […]

316 S.E.2d 168 SEAWRIGHT v. THE STATE. 67937.Court of Appeals of Georgia. DECIDED FEBRUARY 29, 1984. BANKE, Judge. The appellant and two companions were indicted for the offenses of kidnapping, rape, armed robbery, and aggravated sodomy. This appeal follows the appellant’s conviction of robbery by intimidation and simple battery as included offenses of the armed […]

436 S.E.2d 786 STARGEL v. THE STATE. A93A1503.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1993. POPE, Chief Judge. Defendant was convicted by a jury on two counts of aggravated child molestation and acquitted on two counts of aggravated sodomy. M. S., defendant’s five-year-old grandson, told his mother that J. W., M. S.’s nine-year-old cousin, […]

151 S.E.2d 925 HYDE, Next Friend v. BRYANT. 42336.Court of Appeals of Georgia.SUBMITTED OCTOBER 4, 1966. DECIDED OCTOBER 31, 1966. “A landlord is not liable for injuries to his tenant or to the members of the latter’s family for injuries resulting from a patent defect existing at the time of the rental agreement as to […]

291 S.E.2d 749 SATELLITE SYNDICATED SYSTEMS, INC. v. HENDERSON et al. 64113.Court of Appeals of Georgia. DECIDED MAY 26, 1982. DEEN, Presiding Judge. The plaintiff appellant filed an action on account for amounts allegedly owing it under a contract to sell specified video time. The suit was brought against Henderson-Crowe Productions, Inc. and against Charles […]

424 S.E.2d 889 GUTHERIE et al. v. FORD EQUIPMENT LEASING COMPANY. A92A1074.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1992. SOGNIER, Chief Judge. Ford Equipment Leasing Company conducted a nonjudicial foreclosure under a power of sale contained in a deed to secure debt executed by Thomas Gutherie to secure a loan made by Ford to […]

375 S.E.2d 623 MOORE v. BARFIELD. 76824.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1988. REHEARING DENIED NOVEMBER 21, 1988. BENHAM, Judge. This appeal raises the issue of what remedies are available to a party whose suit is dismissed because of the actions of that party’s own attorney at a time when the attorney is […]

298 S.E.2d 272 BRYANT v. THE STATE. 65030.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1982. BANKE, Judge. The defendant appeals his conviction of motor vehicle theft. The state’s evidence showed that local law enforcement agents were advised by an FBI agent named Harold Poe that the defendant intended to steal a truck from Carpet […]

319 S.E.2d 93 McCLURE v. GEORGIA POWER COMPANY. 67935.Court of Appeals of Georgia. DECIDED JUNE 20, 1984. McMURRAY, Chief Judge. This case involves an automobile-truck collision with reference to the issues of liability and damages being contested and submitted to the jury for its determination. Corine McClure brought this action against the Georgia Power Company […]

467 S.E.2d 3 BARNES v. JUSTIS A95A2025Court of Appeals of Georgia. DECIDED JANUARY 10, 1996 McMURRAY, Presiding Judge. Plaintiff Christine S. Justis, formerly married to defendant William G. Barnes, initiated an action for “CHILD SUPPORT AND OTHER RELIEF,” seeking an order that defendant “be temporarily and permanently required to make child support payments to the […]

321 S.E.2d 416 BERRY v. THE STATE. 68877.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1984. DEEN, Presiding Judge. The appellant, David Berry, was convicted of rape, for which he was sentenced to 20 years imprisonment. On appeal, the sole enumeration of error concerns the trial court’s failure to instruct the jury on simple battery […]

91 S.E.2d 131 ROZAR v. THE STATE. 35957.Court of Appeals of Georgia. DECIDED JANUARY 11, 1956. TOWNSEND, J. 1. The word “woman” in Code § 26-5901 defining sodomy as “the carnal knowledge and connection against the order of nature, by man with man, or in the same unnatural manner with woman” must in the absence […]

24 S.E.2d 415 MILLER v. LIBERTY NATIONAL BANK TRUST COMPANY. 29793.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1943. BROYLES, C. J. It is well settled by repeated decisions of the Supreme Court and this court that the striking of a defendant’s answer is not a final judgment, and that where the only assignment of […]

16 S.E.2d 81 RODDY v. HARTFORD ACCIDENT AND INDEMNITY COMPANY et al. 28834.Court of Appeals of Georgia. DECIDED MAY 21, 1941. ADHERED TO AN REHEARING, JULY 31, 1941. The superior court erred in affirming the finding of the director, approved by the Industrial Board. The judgment is reversed, with direction that the court reverse the […]

139 S.E.2d 512 BRADLEY v. SHERWIN. 40903.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1964. FELTON, Chief Judge. 1. A special ground of a motion for a new trial complaining of the admission in evidence of testimony is not complete enough to be considered when it does not contain all of the substance of the […]

498 S.E.2d 337 WALDROP v. THE STATE. A97A2323.Court of Appeals of Georgia. DECIDED MARCH 12, 1998 — CERT. APPLIED FOR. BEASLEY, Judge. After a jury trial, judgment was entered against Waldrop for criminal damage to property in the second degree. Proof showed that he stopped his pick-up truck in a vacant area, got out, and […]

46 S.E.2d 615 HAMBY v. THE STATE. 31847.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 1948. 1. There are two offenses set forth in the Code, § 26-2811, and they may not be joined in one and the same count. They may be set forth in the same indictment, under separate counts. 2. The court […]

91 S.E.2d 389 NOWELL v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY et al. 36028.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1956. The trial court did not err in affirming the award of the State Board of Workmen’s Compensation. DECIDED FEBRUARY 1, 1956. Workmen’s compensation. Before Judge Shaw. Fulton Superior Court. October 26, 1955. Lee Nowell […]

175 S.E.2d 87 SCHMID v. STATE OF GEORGIA. 45283.Court of Appeals of Georgia.SUBMITTED APRIL 14, 1970. DECIDED APRIL 23, 1970. HALL, Presiding Judge. This is an appeal from a judgment of disbarment for conviction of a crime involving moral turpitude. Appellant’s last conviction (he has had at least 8 which would fit the moral turpitude […]

365 S.E.2d 865 THE STATE v. BROWN. 75156.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1988. CARLEY, Judge. Appellee has been indicted for one count of rape and two counts of aggravated sodomy. Pursuant to stipulations as to admissibility which were entered into between the State and appellee, both appellee and the victim submitted to […]

314 S.E.2d 674 ROSS v. THE STATE. 67508.Court of Appeals of Georgia. DECIDED JANUARY 31, 1984. BIRDSONG, Judge. Floyd Ross was indicted for possessing marijuana and certain amphetamine type drugs. He was convicted of the possession of marijuana only and acquitted of the second count involving amphetamines. He was sentenced to serve four years. Appellant’s […]

238 S.E.2d 771 GABLE v. THE STATE. 54412.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 20, 1977. DECIDED OCTOBER 11, 1977. BELL, Chief Judge. Defendant was convicted of burglary. Held: The defendant on appeal only enumerates as error the trial court’s failure to suppress evidence which defendant alleged was obtained as a result of an unlawful search […]

444 S.E.2d 327 HARDY v. ARCEMONT. A93A2079.Court of Appeals of Georgia. DECIDED APRIL 1, 1994. RECONSIDERATION DENIED MAY 17, 1994. BEASLEY, Presiding Judge. Cameron Arcemont, a Mississippi resident, filed the present petition in Muscogee County to legitimate Nicholas Hardy. We must construe “the county of the residence of the child,” which is locus, as it […]

565 S.E.2d 870 WELCHEL v. THE STATE. A02A0904.Court of Appeals of Georgia. DECIDED: MAY 28, 2002. MILLER, Judge. Having reason to suspect the presence of contraband in a motel room occupied by defendant, police used a key from the motel office to enter the room, where they found defendant with illegal drugs. The question on […]

258 S.E.2d 328 SCHUH v. THE STATE. 57841.Court of Appeals of Georgia.SUBMITTED MAY 8, 1979. DECIDED JULY 12, 1979. CARLEY, Judge. Appellant was indicted and tried for unlawful possession of marijuana with intent to distribute, in violation of the Controlled Substances Act. From his conviction, he brings this appeal. We affirm. 1. Appellant first attacks […]

182 S.E.2d 319 GRIFFIN v. WORMSLOE FOUNDATION, INC. 45843.Court of Appeals of Georgia.SUBMITTED JANUARY 4, 1971. DECIDED MAY 11, 1971. BELL, Chief Judge. The Tax Commissioner of Chatham County issued tax fi. fas. against certain property of the appellee. The sheriff levied upon the property and gave notice of intent to advertise and sell the […]

13 S.E.2d 109 HALL v. THE STATE. 28639.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1941. MacINTYRE, J. 1. One of the grounds of certiorari complains “that the court erred in allowing the finger-print testimony of a witness for the State.” It appears from an examination of the record that the solicitor-general withdrew this evidence, […]

37 S.E.2d 371 CARVER v. BONE et al. 31192.Court of Appeals of Georgia. DECIDED MARCH 13, 1946. FELTON, J. Where the only assignment of error in the bill of exceptions is to the overruling of the plaintiff’s demurrer to the cross-action of one of the defendants, and the plaintiff’s original petition is still pending in […]

13 S.E.2d 206 BROWN v. THE STATE. 28789.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1941. BROYLES, C. J. The defendant was convicted in the criminal court of Fulton County of the offense of operating a lottery, known as the “number game,” for the hazarding of money. Her certiorari was overruled and she excepted to […]

385 S.E.2d 294 NASH v. JOHNSON. A89A0693.Court of Appeals of Georgia. DECIDED JUNE 22, 1989. REHEARING DENIED JULY 21, 1989. BEASLEY, Judge. Johnson executed a check in the amount of $7,406.77 in favor of his son-in-law, Mark Baim, his daughter, Sue Baim, and Mark Baim’s attorney, Nash. The check was written on the corporate account […]

55 S.E.2d 835 HARVEY v. WRIGHT et al. 32653.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1949. 1. The motions of the defendants in error are denied. 2. (a) Under the doctrine of res judicata a judgment by a court of competent jurisdiction in a former litigation between the same parties based upon the same […]

29 S.E.2d 103 PATRICK v. THE STATE. 30276.Court of Appeals of Georgia. DECIDED JANUARY 25, 1944. A negro man upon being found at two o’clock in the morning on the bed of a white girl, with his face up against her face, and who, upon being discovered by the girl, caught her hand as she […]

313 S.E.2d 724 BRADSHAW et al. v. JACKSON HILLS APARTMENTS. 66948.Court of Appeals of Georgia. DECIDED JANUARY 5, 1984. CARLEY, Judge. Appellant tenants resided in an apartment leased from appellee landlord. Appellee gave appellants written notice to vacate the premises, but appellants failed to do so. Thereafter, appellee filed a complaint and affidavit seeking a […]

187 S.E.2d 344 RAULERSON v. JONES. 46672.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1971. DECIDED JANUARY 6, 1972. HALL, Presiding Judge. Plaintiff in dispossessory and distress proceedings appeals from the judgment for the defendant. This is the second trial and the second appeal of this case. See Raulerson v. Jones, 122 Ga. App. 440 (177 […]

69 S.E.2d 203 WITCHER v. THE STATE. 33767.Court of Appeals of Georgia. DECIDED JANUARY 24, 1952. 1. 7. Proof that the crime was committed “about a half mile below the city limits of Cleveland” is not proof of venue in White County, Georgia. 2-6. The other special grounds of the motion for a new trial […]

111 S.E.2d 124 AETNA CASUALTY SURETY COMPANY et al. v. GREEN. 37848.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1959. QUILLIAN, Judge. Where, on appeal from an award of a single director to the State Board of Workmen’s Compensation, granting compensation to the legal widow of A. M. Green, involving the death of an assistant […]

82 S.E.2d 705 LANDERS v. THE STATE. 35198.Court of Appeals of Georgia. DECIDED JULY 8, 1954. GARDNER, P. J. This is the second appearance of this case here. See Landers v. State, 87 Ga. App. 446 (74 S.E.2d 383). The evidence in the instant case for both parties is almost identical with the evidence in […]

323 S.E.2d 8 KEATON v. THE STATE. 67028.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1984. BENHAM, Judge. This court having entered on January 4, 1984, a judgment in the above-styled case (169 Ga. App. 527 (313 S.E.2d 721) (1984)), affirming the judgment of the trial court; and the judgment of this court having been […]

107 S.E.2d 697 CASSEDY et al. v. BLAND, Administrator. 37445.Court of Appeals of Georgia. DECIDED JANUARY 19, 1959. REHEARING DENIED FEBRUARY 2, 1959. In order for an advancement to constitute a full and complete settlement of an heir’s claim against the estate of the donor, it must have been given by the donor and accepted […]

99 S.E.2d 551 SOUTHLAND, INC. v. WITSCHELL. 36762.Court of Appeals of Georgia. DECIDED JUNE 17, 1957. REHEARING DENIED JULY 2, 1957. GARDNER, P. J. There is considerable controversy between the attorneys concerning the final disposition of the trover suit which involved an automobile. We see no necessity of going into details concerning the procedure because […]

484 S.E.2d 797 THOMAS v. THE STATE. A97A0276.Court of Appeals of Georgia. DECIDED MARCH 28, 1997. SMITH, Judge. Charles Thomas was indicted on charges of rape, kidnapping, and robbery. A jury found him guilty of rape and kidnapping and not guilty of robbery. Thomas appeals from the judgment of conviction and sentence entered thereon. Construed […]

299 S.E.2d 170 OSBURN et al. v. NORRIS. 64964.Court of Appeals of Georgia. DECIDED JANUARY 12, 1983. McMURRAY, Presiding Judge. In Norris v. Osburn, 243 Ga. 483, 486 (254 S.E.2d 860), the Supreme Court affirmed the trial court in dismissing the complaint of Norris, the same being a derivative action in which Norris alleged he […]

577 S.E.2d 288 MAI v. THE STATE A03A0639.Court of Appeals of Georgia. Decided February 5, 2003 ELDRIDGE, Judge. Tam Thanh Mai was charged with the offenses of obstruction of a law enforcement officer, maintaining a disorderly house, simple battery in that he intentionally made physical contact of an insulting and provoking nature with Officer M. […]

156 S.E.2d 396 ATLANTIC COAST LINE RAILROAD COMPANY v. HALL LIVESTOCK COMPANY. 42846.Court of Appeals of Georgia.ARGUED JUNE 7, 1967. DECIDED JUNE 20, 1967. REHEARING DENIED JULY 26, 1967. DEEN, Judge. 1. This case involves a grade crossing collision between one of the defendant’s trains and a tractor and wagon belonging to the plaintiff. The […]

146 S.E.2d 381 SHELTON v. HAAS. 41483.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1965. DECIDED DECEMBER 3, 1965. PER CURIAM. On November 2, 1964, a general demurrer was sustained in the lower court to the petition of plaintiff. The court’s order allowed plaintiff 20 days within which to amend his petition but ordered that on […]

677 S.E.2d 438 McBRIDE v. THE STATE. No. A09A0693.Court of Appeals of Georgia. DECIDED APRIL 9, 2009. MILLER, Chief Judge. A jury convicted Rafeal J. McBride of sale of cocaine in violation of OCGA § 16-13-30 (b). He appeals from the denial of his motion for new trial upon the general grounds, by a single […]

530 S.E.2d 736 GLYNN-BRUNSWICK MEMORIAL HOSPITAL AUTHORITY v. GIBBONS. ALTA ANESTHESIA ASSOCIATES OF GEORGIA v. GIBBONS. GIBBONS v. GLYNN-BRUNSWICK MEMORIAL HOSPITAL AUTHORITY. Nos. A99A1869, A99A1870, A99A1868.Court of Appeals of Georgia. DECIDED: MARCH 8, 2000. PHIPPS, Judge. Jacquelyn Gibbons, M.D., worked as an anesthesiologist at the Southeast Georgia Regional Medical Center. She and her corporation, Page […]

418 S.E.2d 107 POLLEY v. THE STATE. A92A0477.Court of Appeals of Georgia. DECIDED APRIL 6, 1992. McMURRAY, Presiding Judge. Defendant filed this appeal after his conviction for voluntary manslaughter. Held: 1. Defendant contends the trial court abused its discretion in failing to respond to the jury’s request for a recharge of the entire jury instruction. […]

227 S.E.2d 266 SHELLENBERGER v. TANNER et al. MODESTO v. TANNER et al. REBEL AVIATION, INC. v. TANNER et al. POWER v. TANNER et al. 51911, 51912, 51914, 51915.Court of Appeals of Georgia.ARGUED MARCH 2, 1976. DECIDED APRIL 5, 1976. REHEARING DENIED APRIL 16, 1976. REHEARING DENIED APRIL 16, 1976 AND APRIL 21, 1976. The […]

629 S.E.2d 599 COSTELLO v. BOTHERS et al. A06A0259.Court of Appeals of Georgia. DECIDED APRIL 12, 2006. MIKELL, Judge. Raquel Costello appeals the trial court’s dismissal of her renewal action in this automobile accident case. For reasons that follow, we affirm the dismissal. The relevant facts follow: On May 29, 2002, Costello sued Frederick Bothers […]

579 S.E.2d 58 HAMILTON v. HENDERSON. A03A0874.Court of Appeals of Georgia. Decided February 24, 2003 PHIPPS, Judge. Howard Henderson sued Gwen Hamilton for injuries sustained after his motorcycle collided with her car at an intersection. Hamilton appeals final judgment entered in favor of Henderson on a jury verdict. Among other things, Hamilton claims that the […]

164 S.E.2d 328 O’NEIL et al. v. MOORE. 43634.Court of Appeals of Georgia.ARGUED MAY 8, 1968. DECIDED SEPTEMBER 5, 1968. REHEARING DENIED OCTOBER 1, 1968. 1. (a) The court will not consider an enumeration of error unsupported in the brief by citation of authority or argument. (b) The court will not presume harmful error based […]

109 S.E.2d 610 JENKS v. LIEPMAN CONTRACTING COMPANY. 37641.Court of Appeals of Georgia. DECIDED JULY 9, 1959. 1. Viewed as a whole, the trial court’s charge to the jury was full, fair, and lucid, and was not erroneous for any reason assigned in the motion for new trial. 2. The evidence was in conflict on […]

193 S.E.2d 863 C S REALTY COMPANY v. WILLIAMSON et al. 47289.Court of Appeals of Georgia.ARGUED JUNE 6, 1972. DECIDED SEPTEMBER 6, 1972. REHEARING DENIED OCTOBER 26, 1972. Where a real estate agent brought suit against the executrices of an estate seeking to recover rental commissions pursuant to a lease agreement which provided for payment […]

545 S.E.2d 48 REED v. THE STATE. A00A2575.Court of Appeals of Georgia. DECIDED: JANUARY 23, 2001 MILLER, Judge. Kenneth Mack Reed was found guilty of two counts of armed robbery, one count of aggravated assault, and one count of possession of a firearm during the commission of a crime. In three related enumerations of error, […]

430 S.E.2d 794 McCLINTON v. SULLIVAN. A92A2218.Court of Appeals of Georgia. DECIDED MARCH 19, 1993. RECONSIDERATION DENIED APRIL 2, 1993. BEASLEY, Presiding Judge. This is a direct appeal from the order of the probate court in an estate administration, to the extent that it denied in part a motion for summary judgment. See OCGA §§ […]

225 S.E.2d 506 DICKEY v. PLANES, INC. 51942.Court of Appeals of Georgia.ARGUED MARCH 2, 1976. DECIDED MARCH 11, 1976. WEBB, Judge. Planes, Inc. brought suit against Earth Services Advertising, Inc., Earth Services Organization, Inc., and Page 100 Gilbert B. Dickey, Jr., alleging that each was liable on account. The jury found in plaintiff’s favor against […]

581 S.E.2d 676 EVANS v. THE STATE. A03A0868.Court of Appeals of Georgia. Decided April 17, 2003 ELDRIDGE, Judge. A Jones County jury found Derrick Evans guilty of hijacking a motor vehicle, aggravated assault, and two counts of armed robbery, which charges arose from acts Evans and two other men perpetrated against the driver and passenger […]

96 S.E.2d 554 FLEMING v. THE STATE. 36527.Court of Appeals of Georgia. DECIDED JANUARY 22, 1957. TOWNSEND, J. While conviction for the offense of keeping and maintaining a lottery may be had on circumstantial evidence, such evidence should be so clear and concise as to exclude every other reasonable hypothesis save that of the guilt […]

36 S.E.2d 164 SAYLORS v. THE STATE. 31091.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1945. The refusal to grant a new trial was not error. DECIDED DECEMBER 4, 1945. Voluntary manslaughter; from Franklin superior court Judge Edwards. August 25, 1945. Page 220 William Hall, for plaintiff in error. R. Howard Gordon, solicitor-general, contra. BROYLES, […]

317 S.E.2d 325 SAFFO v. THE STATE. 67695.Court of Appeals of Georgia. DECIDED MARCH 16, 1984. SOGNIER, Judge. Appellant was convicted of possession of heroin in violation of the Georgia Controlled Substances Act. His attorney filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d […]

554 S.E.2d 309 SPAN v. PHAR-MOR, INC. et al. A01A1801.Court of Appeals of Georgia. DECIDED: AUGUST 22, 2001. ELDRIDGE, Judge. This appeal arises out of the state court’s grant of summary judgment to appellee-defendants Phar-Mor, Inc. and John Does One through Five (“Phar-Mor”)[1] upon a personal injury action filed by Coca-Cola bulk merchandiser[2] appellant-plaintiff Rufus […]

127 S.E.2d 326 ALTAMAHA ELECTRIC MEMBERSHIP CORPORATION v. IRVIN. 39617.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1962. For reasons stated in the opinion the trial court did not err in overruling the defendant’s general and special demurrers. DECIDED SEPTEMBER 5, 1962. Action for damages. Toombs Superior Court. Before Judge Humphrey. Norris Irvin sued Altamaha […]

193 S.E.2d 860 LESTER v. S. J. ALEXANDER, INC. 47595.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1972. DECIDED OCTOBER 31, 1972. 1. Although it is no longer necessary to use expert testimony to prove that bills incurred for medical, hospital, and drugs are reasonable and necessary, it is still required that it be shown such […]

82 S.E.2d 472 CONTINENTAL CASUALTY COMPANY v. OWEN; and vice versa. 35009, 35010.Court of Appeals of Georgia. DECIDED APRIL 23, 1954. REHEARING DENIED MAY 11, 1954. 1. The court did not err in directing a verdict for the plaintiff for the principal amount sued for, with interest. 2. The inclusion in the verdict of an […]

356 S.E.2d 736 STEELE v. COLBERT. 74326.Court of Appeals of Georgia. DECIDED APRIL 20, 1987. McMURRAY, Presiding Judge. Plaintiff appeals from the dismissal of her action against defendant. The trial court had previously ordered “that Plaintiff shall have Fifteen (15) days from the date of this Order to fully and unequivocally answer Defendant’s interrogatories which […]

472 S.E.2d 308 HARKLEROAD HERMANCE, P.C., ET AL. v. STRINGER ET AL. A95A2811Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1996 RECONSIDERATION DENIED MARCH 28, 1996 — CERT. APPLIED FOR. BIRDSONG, Presiding Judge. Harkleroad Hermance, P. C, and Donald R. Harkleroad, individually and in his capacity as president of Harkleroad Hermance, P. C. (collectively “Harkleroad […]

52 S.E.2d 505 JORDAN v. THE STATE. 32212.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1949. REHEARING DENIED MARCH 29, 1949. 1. The evidence authorized the verdict. 2. The court did not err in failing to charge the jury on the law of simple assault, as there was no evidence which would have authorized a […]

339 S.E.2d 346 HOLBROOK et al. v. THE STATE. 70696.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1985. REHEARING DENIED DECEMBER 19, 1985. BENHAM, Judge. Appellant Hubert Holbrook and his son Gary appeal from their convictions for possessing cocaine and marijuana with intent to distribute. Page 319 They question the sufficiency of the evidence presented […]

246 S.E.2d 514 THOMAS v. THE STATE. 55907.Court of Appeals of Georgia.SUBMITTED JUNE 5, 1978. DECIDED JULY 3, 1978. BANKE, Judge. The appellant appeals his conviction for the burglary of an apartment building. Held: 1. The state’s motion to dismiss is denied. See Williams v. State, 144 Ga. App. 72 (1) (240 S.E.2d 591) (1977). […]

586 S.E.2d 740 WILLIAMS v. MORGAN. A03A1784.Court of Appeals of Georgia. DECIDED: AUGUST 21, 2003 ELDRIDGE, Judge. Appellee/plaintiff Daniel Morgan brought suit against appellant/defendant Marilyn Williams for damages he incurred when he purchased a stolen vehicle from her and was subsequently arrested therefor. In the complaint, Morgan alleged that in 1999, Williams offered to help […]

60 S.E.2d 401 EIDSON v. THE CITIZENS BANK TRUST CO. et al. 33097.Court of Appeals of Georgia. DECIDED JULY 7, 1950. FELTON, J. 1. In a proceeding to revive a dormant judgment, where the defendant filed a traverse to the return of service of a deputy sheriff on the original suit in which judgment was […]

274 S.E.2d 49 BOONE et al. v. THE STATE. 60476.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 8, 1980. DECIDED OCTOBER 2, 1980. BIRDSONG, Judge. The Boone brothers, Aubry and Barry, were convicted of two counts of terroristic threats and sentenced to serve five years on each count. They appeal, and we affirm. Held: 1. Appellants assert […]

457 S.E.2d 181 GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. RICHARDSON. A94A2297.Court of Appeals of Georgia. DECIDED MARCH 16, 1995. RECONSIDERATION DENIED MARCH 31, 1995. CERT. APPLIED FOR. McMURRAY, Presiding Judge. Linda Richardson a/k/a Linda Morgan (plaintiff) brought an action against Georgia Farm Bureau Mutual Insurance Company (“Farm Bureau”) to recover under her homeowners insurance […]

287 S.E.2d 77 UTILITIES INDUSTRIES CORPORATION v. CARTER ASSOCIATES. CARTER ASSOCIATES v. JOHNSON-HICKS PALISADES. 62379, 62380.Court of Appeals of Georgia. DECIDED NOVEMBER 12, 1981. CARLEY, Judge. The instant case arises from a most complex set of facts. In 1967 D. M. Weatherly Company (Weatherly), a defendant below but not a party to this appeal, entered […]

307 S.E.2d 137 MORGAN v. GENERAL MOTORS ACCEPTANCE CORPORATION. 66356.Court of Appeals of Georgia. DECIDED JULY 11, 1983. BIRDSONG, Judge. Upon consideration of the record and all the evidence in the case, this discretionary appeal is dismissed as improvidently granted. Appeal dismissed. Shulman, C. J., and McMurray, P. J., concur. DECIDED JULY 11, 1983. Workers’ […]

83 S.E.2d 246 CARTER v. THE STATE. 35285.Court of Appeals of Georgia. DECIDED JULY 15, 1954. CARLISLE, J. 1. To sustain a conviction under an indictment, drawn under the provisions of Code § 67-9901, for disposing of a stock of whisky on which a bill of sale to secure debt had been given, the evidence […]

117 S.E.2d 886 McDOWELL v. THE STATE. 38573.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1960. CARLISLE, Judge. An approved brief of the evidence is essential to a valid motion for a new trial, and where, as in this case, the record shows that the trial judge overruled the motion for a new trial on […]

6 S.E.2d 207 POLLARD, receiver, v. ROBERSON. 27545.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1939. REHEARING DENIED DECEMBER 19, 1939. The court erred in overruling the motion for new trial. The court did not err in allowing the amendment to the petition. DECIDED DECEMBER 1, 1939. REHEARING DENIED DECEMBER 19, 1939. Damages; from Polk […]

349 S.E.2d 541 COHEN et al. v. STUHLER et al. 73135.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1986. DEEN, Presiding Judge. On July 14, 1983, Brian and Eva Cohen entered into a contract with the appellees, Gregory Stuhler and Cole Yarbrough, for the purchase of a newly constructed house. After the closing of the […]

181 S.E.2d 922 CUNNINGHAM et al. v. CANSLER et al. 46065.Court of Appeals of Georgia.ARGUED MARCH 3, 1971. DECIDED APRIL 6, 1971. JORDAN, Presiding Judge. This appeal is from an order sustaining the motion of the third-party defendants to dismiss the third-party complaint against them. In this respect we note that the trial judge relied […]

21 S.E.2d 920 WEAVER v. THE STATE. 29803.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1942. Denial of a new trial after conviction of voluntary manslaughter was not error. DECIDED SEPTEMBER 25, 1942. Voluntary manslaughter; from Bulloch superior court — Judge Evans. June 8, 1942. George M. Johnston, for plaintiff in error. Fred T. Lanier, […]

278 S.E.2d 691 DAVENPORT v. SMITH. 60849.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1981. REHEARING DENIED MARCH 12, 1981. SOGNIER, Judge. Appellee Smith filed suit for return of his automobile and for damages resulting from appellant Davenport’s refusal to return the automobile to appellee. Appellant filed an answer and counterclaim. On January 26, 1979 […]

285 S.E.2d 582 BASSETT v. THE STATE. 62554.Court of Appeals of Georgia. DECIDED OCTOBER 6, 1981. QUILLIAN, Chief Judge. The defendant appeals his burglary conviction. Held: 1. The first enumeration of error is that the trial court erred in allowing the defendant’s statements to be read to the jury since such statements were not voluntary. […]

249 S.E.2d 666 NAIL v. GREEN. 56244.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1978. DECIDED OCTOBER 5, 1978. REHEARING DENIED OCTOBER 23, 1978. DEEN, Presiding Judge. Rhonda Nail, plaintiff in the suit below, appeals from a judgment entered on a jury verdict in favor of defendant. She contends that it was error for the trial […]

708 S.E.2d 23 EAGLE’S LANDING CHRISTIAN CHURCH, INC. v. HENRY COUNTY. No. A10A2091.Court of Appeals of Georgia. DECIDED MARCH 3, 2011. RECONSIDERATION DENIED March 16, 2011. DOYLE, Judge. Eagle’s Landing Christian Church, Inc. (“the Church”), appeals from the trial court’s order dismissing the Church’s answer to a declaration of condemnation filed by Henry County. Although […]

171 S.E.2d 747 BARBER v. THE STATE. 44876.Court of Appeals of Georgia.ARGUED NOVEMBER 5, 1969. DECIDED NOVEMBER 18, 1969. HALL, Presiding Judge. The defendant appeals from his conviction of burglary and sentence of five years with recommendation of misdemeanor punishment. 1. When the case was called for trial on June 16, 1969, the defendant’s counsel […]

556 S.E.2d 888 CRAWFORD v. THE STATE. A01A1953.Court of Appeals of Georgia. DECIDED: DECEMBER 3, 2001 SMITH, Presiding Judge. Stanley Crawford was convicted of armed robbery and was sentenced as a recidivist because of his prior felony convictions. In this appeal, Crawford claims that the trial court erred by failing to grant his motion for […]

359 S.E.2d 196 LOWRANCE v. THE STATE. 74094.Court of Appeals of Georgia. DECIDED JUNE 23, 1987. SOGNIER, Judge. Lowrance appeals from his conviction of misdemeanor theft by receiving, for which he was sentenced to the maximum period of confinement authorized. 1. Appellant contends he was denied the effective assistance of counsel because of the trial […]

17 S.E.2d 840 DODSON v. THE STATE. 29320.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1941. REHEARING DENIED DECEMBER 11, 1941. The evidence was ample to support the judgment of the court acting without a jury. The exceptions to this judgment are without merit. DECIDED NOVEMBER 14, 1941. REHEARING DENIED DECEMBER 11, 1941. Operating dance […]

448 S.E.2d 52 ROSS v. THE STATE. A94A1126.Court of Appeals of Georgia. DECIDED AUGUST 5, 1994. SMITH, Judge. Jody Scott Ross was charged with the offense of battery, OCGA § 16-5-23.1, in that he caused visible bodily injury to the victim. He was convicted in a bench trial of simple battery, OCGA § 16-5-23. He […]