Category: Georgia Court of Appeals Opinions

674 S.E.2d 358 AMERIS BANCORP v. ACKERMAN. No. A08A1588.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 2009. DOYLE, Judge. This interlocutory appeal arises from Janet Ackerman’s suit to recover money she paid Ameris Bancorp (the “Bank”) as a guarantor on a note. Following the denial of its motion for judgment on the pleadings, the Bank […]

432 S.E.2d 638 MORRIS v. DEPARTMENT OF TRANSPORTATION et al. A93A0528.Court of Appeals of Georgia. DECIDED JUNE 11, 1993. BLACKBURN, Judge. The appellant, Daniel Morris, individually and as administrator of the estate of Mary Ann Morris, his deceased wife, filed a wrongful death action against the appellees, the Georgia Department of Transportation, and Marion Waters, […]

22 S.E.2d 410 KUTZCHAN v. THE STATE. 29689.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1942. 1. “All the circumstances of a transaction may be submitted to the jury, provided they afford any fair presumption or inference as to the matter in issue. This proposition is exceedingly broad, and, if carried out in good faith, […]

288 S.E.2d 687 WEAVER v. THE STATE. 63121.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1982. SHULMAN, Presiding Judge. In August 1980, appellant was convicted of the January 23, 1976, armed robberies of three people at Spencer Tire Company in Decatur, Georgia. Finding no merit in appellant’s enumerations of error, we affirm his convictions. 1. […]

120 S.E.2d 58 BRANNEN v. CUBBEDGE et al., Executors. 38766.Court of Appeals of Georgia. DECIDED APRIL 5, 1961. REHEARING DENIED APRIL 24, 1961. NICHOLS, Judge. On October 11, 1960, the trial court overruled the defendant’s motion for new trial and for a judgment non obstante veredicto. On November 8, 1960, the defendant tendered his bill […]

687 S.E.2d 233 RENEE UNLIMITED, INC. et al. v. CITY OF ATLANTA. No. A09A1306.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 2009. MILLER, Chief Judge. The City of Atlanta (the “City”) filed a complaint against Simbic, Inc. (“Simbic”), Renee Unlimited, Inc. (“Renee”), Joseph T. Bickers, MGG Properties, Inc. (“MGG”), and Onward Financial, Inc. (“Onward”) alleging […]

394 S.E.2d 590 ROBINSON et al. v. DEPARTMENT OF TRANSPORTATION. A90A0324.Court of Appeals of Georgia. DECIDED MAY 11, 1990. McMURRAY, Presiding Judge. Following the decision of this court in Robinson v. Dept. of Transp., 185 Ga. App. 597 (364 S.E.2d 884), plaintiffs Robinson and Glover filed this action seeking compensation for the alleged taking and […]

454 S.E.2d 796 MORRILL v. THE STATE. A94A2369.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1995. RECONSIDERATION DENIED MARCH 2, 1995. CERT. APPLIED FOR. JOHNSON, Judge. Police officer Brett Morrill was indicted for participating in a crime ring, made up of law enforcement officers and others who committed burglaries and robberies in the metropolitan Atlanta […]

525 S.E.2d 751 K-MART CORPORATION et al. v. LOVETT. A99A1244.Court of Appeals of Georgia. DECIDED: NOVEMBER 19, 1999. MILLER, Judge. Helen Lovett, along with three acquaintances, entered a K-Mart store. Lovett was shopping alone when one of the acquaintances abruptly approached Lovett and unexplainedly hurried her out of the store. Kathy Rasure, acting within the […]

291 S.E.2d 738 McDANIEL ENTERPRISES INC. v. GWINNETT COUNTY. 63783.Court of Appeals of Georgia. DECIDED MAY 24, 1982. BIRDSONG, Judge. The sole enumeration of error made in this condemnation case is that the trial court erred in charging the jury: “In determining the value of property . . . you are restricted to uses which […]

676 S.E.2d 376 PERRY et al. v. STATE FARM FIRE AND CASUALTY COMPANY; BLACKWELL v. STATE FARM FIRE AND CASUALTY COMPANY. Nos. A08A2279, A08A2280.Court of Appeals of Georgia. DECIDED DECEMBER 22, 2008. RECONSIDERATION DENIED MARCH 26, 2009. RUFFIN, Presiding Judge.[1] [1] The original opinion issued in these cases was authored by then-Presiding Judge John H. […]

65 S.E.2d 254 GENERAL ACCIDENT FIRE LIFE ASSURANCE CORPORATION et al. v. RHODES. 33372.Court of Appeals of Georgia. DECIDED MAY 11, 1951. MacINTYRE, P. J. An award made upon review by all of the directors of the State Board of Workmen’s Compensation under Code § 114-708, affirming a previous award by one director upon issues […]

60 S.E.2d 258 LIBERTY MUTUAL INSURANCE CO. v. MEEKS. 32975.Court of Appeals of Georgia. DECIDED JUNE 7, 1950. REHEARING DENIED JUNE 28, 1950. 1. If, in a workmen’s compensation case, the immediate precipitating cause of the injury to the employee is over-exertion within the necessary and regular course of his employment, the case is compensable, […]

447 S.E.2d 700 ECHOLS et al. v. COCHRAN et al. A94A1553.Court of Appeals of Georgia. DECIDED AUGUST 1, 1994. Judge Harold R. Banke. The appellants bring this appeal from the trial court’s grant of an adoption petition and dismissal of their motion to intervene in that proceeding. The child who was the subject of the […]

369 S.E.2d 811 IN THE INTEREST OF D. B. et al. 76382.Court of Appeals of Georgia. DECIDED MAY 4, 1988. SOGNIER, Judge. Appellant, the mother of D. B. and D. B., appeals from the order of the Juvenile Court of Chatham County terminating her parental rights in the children. The record affirmatively reveals that no […]

229 S.E.2d 127 GALLOWAY v. BANKS COUNTY. 52512.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 7, 1976. DECIDED SEPTEMBER 28, 1976. MARSHALL, Judge. Galloway brings this appeal from a grant of summary judgment for Banks County. The complaint is based upon an alleged breach of a contract entered into between Banks County and Galloway in April, 1975. […]

190 S.E.2d 633 HENDERSON et al. v. COUNTY BOARD OF REGISTRATION ELECTIONS et al.; and vice versa. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY v. HENDERSON et al. 47012, 47013, 47014.Court of Appeals of Georgia.ARGUED MARCH 2, 1972. DECIDED APRIL 21, 1972. REHEARING DENIED MAY 12, 1972. 1. (a) Under the circumstances of the case sub judice, […]

57 S.E.2d 865 AETNA CASUALTY SURETY CO. et al. v. FULMER. 32733.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1950. REHEARING DENIED MARCH 3, 1950. The judge of the superior court erred in affirming the award of the State Board of Workmen’s Compensation granting compensation, where, from the uncontradicted evidence, it appeared that the claimant’s […]

198 S.E.2d 713 ISOM et al. v. SCHETTINO et al. 47792.Court of Appeals of Georgia.ARGUED JANUARY 8, 1973. DECIDED APRIL 3, 1973. REHEARING DENIED, MAY 11, 1973. EVANS, Judge. On February 29, 1968, around midnight, four Italian seamen were riding as paying passengers in a taxicab owned and operated by Yellow Cab Company of Savannah. […]

107 S.E.2d 232 FULTON COUNTY v. GOODMAN. 37320.Court of Appeals of Georgia. DECIDED JANUARY 28, 1959. TOWNSEND, Judge. This case is controlled by State Highway Dept. v. Wilson, 98 Ga. App. 619 (106 S.E.2d 544), State Highway Dept. v. Blalock, 98 Ga. App. 630 (106 S.E.2d 552) and Woodside v. City of Atlanta, 214 Ga. […]

439 S.E.2d 498 ATLANTA CLASSIC CARS, INC. v. CHIH HUNG USA AUTO CORPORATION. A93A0206.Court of Appeals of Georgia. DECIDED JUNE 28, 1993. RECONSIDERATION DENIED JULY 30, 1993. McMURRAY, Presiding Judge. Chih Hung USA Auto Corporation (“Chih Hung”) filed an action against Atlanta Classic Cars, Inc. (“ACC”), alleging conversion (Count 1), breach of trust (Count 2) […]

323 S.E.2d 855 WOODS v. THE STATE. 68466.Court of Appeals of Georgia. DECIDED NOVEMBER 8, 1984. McMURRAY, Chief Judge. Defendant was indicted for two counts of armed robbery, one count of aggravated assault (with a deadly weapon) and one count of possession of firearms by a convicted felon. He was found guilty by the jury […]

244 S.E.2d 594 HAMPTON v. THE STATE. 55434.Court of Appeals of Georgia.SUBMITTED MARCH 6, 1978. DECIDED APRIL 10, 1978. QUILLIAN, Presiding Judge. The defendant appeals his conviction for burglary. Held: The victim of the burglary testified that he heard, via intercom, noise emanating from a building which he used as an automobile garage. Upon investigation […]

431 S.E.2d 379 FIRST UNION NATIONAL BANK OF GEORGIA v. GURLEY. A93A0580.Court of Appeals of Georgia. DECIDED APRIL 6, 1993. RECONSIDERATION DENIED MAY 13, 1993. McMURRAY, Presiding Judge. First Union National Bank of Georgia (“the bank”) brought this action against Larry Gurley and other guarantors (who are not parties to the appeal) of a loan […]

288 S.E.2d 24 MINTZ v. FRAZIER. 62397.Court of Appeals of Georgia. DECIDED NOVEMBER 12, 1981. REHEARING DENIED DECEMBER 8, 1981. POPE, Judge. This suit was initiated to recover damages for injuries inflicted upon plaintiff’s dog when it was attacked by defendant’s dog. A motion for summary judgment was filed by defendant along with a supporting […]

333 S.E.2d 373 LITTON INDUSTRIES CREDIT CORPORATION v. LUNCEFORD. 69850.Court of Appeals of Georgia. DECIDED JUNE 12, 1985. REHEARING DENIED JULY 12, 1985. McMURRAY, Presiding Judge. This is a case in which Lewyn Machinery Company, Inc. (Lewyn) sold wood processing equipment to the defendant Robert Kenneth Lunceford, d/b/a Washington Wood Products. The plaintiff Litton Industries […]

335 S.E.2d 171 HOWARD et al. v. ESTATE OF JULIUS HOWARD. 70930.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1985. McMURRAY, Presiding Judge. Carl C. Brown, Jr., administrator of the estate of Julius Howard, deceased, filed an application in the Probate Court of Burke County for leave to sell real property belonging to the estate […]

430 S.E.2d 873 MILLER v. THE STATE. A93A0087.Court of Appeals of Georgia. DECIDED APRIL 28, 1993. Judge John W. Sognier. Appellant was tried before a jury and found guilty of burglary. Pursuant to the grant of an out-of-time appeal, he appeals from the judgment of conviction and sentence entered by the trial court on the […]

428 S.E.2d 117 COHEN v. WILLIAM GOLDBERG COMPANY, INC. et al. (two cases). COHEN et al. v. WILLIAM GOLDBERG COMPANY, INC. et al. (two cases). A91A1424, A91A1425. A91A1426, A91A1427.Court of Appeals of Georgia. DECIDED JANUARY 28, 1993. BLACKBURN, Judge. In Cohen v. William Goldberg Co., 262 Ga. 606 (423 S.E.2d 231) (1992), the Supreme Court […]

133 S.E.2d 708 PHILLIPS v. THE STATE. 40284.Court of Appeals of Georgia. DECIDED OCTOBER 23, 1963. FRANKUM, Judge. 1. A ground of a motion for a new trial complaining of the admission of evidence must show that the movant objected to the evidence at the time it was offered and must set forth the objection […]

308 S.E.2d 612 KING v. THE STATE. 66718.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1983. REHEARING DENIED OCTOBER 4, 1983. POPE, Judge. Appellant was convicted of armed robbery and aggravated assault on February 11, 1977. He now brings this appeal. Held: 1. Appellant’s first enumeration of error contends that the trial court erred in […]

358 S.E.2d 888 ANDERSON v. THE STATE. 74633.Court of Appeals of Georgia. DECIDED JUNE 16, 1987. BANKE, Presiding Judge. Anderson appeals his convictions of rape and burglary. Held: 1. The trial court did not err in denying the appellant’s motion for a directed verdict of acquittal. The victim testified that on the night in question […]

278 S.E.2d 52 HARRIS v. THE STATE. 59506.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1981. POPE, Judge. The opinion of this court in Harris v. State, 155 Ga. App. 278 (270 S.E.2d 854) (1980) was reversed by the Supreme Court on certiorari (246 Ga. 759 (272 S.E.2d 719) (1980)) and remanded to this court […]

361 S.E.2d 62 ATLANTA AIRPORT SHUTTLE et al. v. NOBLE et al. 74754.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1987. POPE, Judge. Appellee Noble was formerly an employee of appellants Atlanta Airport Shuttle and Sun Belt Limousine, Inc.[1] Suspecting employee theft, appellants fired Noble and submitted a claim in the amount of $5,000 to […]

327 S.E.2d 786 HINES v. THE STATE (two cases). 69177, 69178.Court of Appeals of Georgia. DECIDED MARCH 5, 1985. McMURRAY, Presiding Judge. Defendant was indicted, tried and convicted of child molestation Page 658 (Case No. 69177) and aggravated sodomy (Case No. 69178). He was sentenced to serve concurrent 20 year terms for each crime. Error […]

287 S.E.2d 337 AYERS v. LONG. 62528.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1981. REHEARING DENIED NOVEMBER 24, 1981. SHULMAN, Presiding Judge. Appellant, appellee’s ex-wife, filed a garnishment action, averring that appellee owed her $702.03 in child support. After appellee filed a traverse in which he stated he was not indebted to appellant, a […]

374 S.E.2d 207 MURAWSKI et al. v. ROLAND WELL DRILLING, INC. et al. 77029.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1988. REHEARING DENIED OCTOBER 13, 1988. BIRDSONG, Chief Judge. This is an appeal from the order of the trial court, entered after a non-jury trial, in effect, denying appellant-property owners injunctive relief or declaratory […]

361 S.E.2d 838 BRADFORD v. THE STATE. 74392.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1987. REHEARING DENIED OCTOBER 6, 1987. DEEN, Presiding Judge. Michael Bradford brings this appeal from his conviction and first offender sentence of possession of more than an ounce of marijuana. 1. Appellant urges as error the admission into evidence of […]

299 S.E.2d 178 RESPRESS v. THE STATE. 65296.Court of Appeals of Georgia. DECIDED JANUARY 12, 1983. McMURRAY, Presiding Judge. Defendant was convicted of the offense of violation of the Georgia Controlled Substances Act in that he did unlawfully possess and have under his control marijuana with the intent to distribute said marijuana. Defendant enumerates error […]

198 S.E.2d 514 MOYE v. THE STATE. 48042.Court of Appeals of Georgia.SUBMITTED APRIL 9, 1973. DECIDED APRIL 24, 1973. REHEARING DENIED MAY 9, 1973. PANNELL, Judge. The defendant was convicted of burglary and three counts of forgery, and he appeals to this court. From April of 1967 through September of 1967, appellant was employed by […]

456 S.E.2d 278 HOWELL v. THREE RIVERS SECURITY, INC. et al. A94A2253.Court of Appeals of Georgia. DECIDED MARCH 17, 1995. RECONSIDERATION DENIED MARCH 28, 1995. CERT. APPLIED FOR. SMITH, Judge. Paul Brent Howell appeals from the trial court’s grant of summary judgment to defendants, Three Rivers Security, Inc. and Disco Mania 2000, Inc., in this […]

108 S.E.2d 761 SECKINGER v. RILEY. 37600.Court of Appeals of Georgia. DECIDED APRIL 23, 1959. The exclusion of interpretation, where none is needed, may be stated to be, notwithstanding the absurdity which it involves, the first rule of construction. The agreement between parties upon which suit is brought is clear, unambiguous, requires no interpretation, and […]

410 S.E.2d 167 IN THE INTEREST OF M. H. F., a child. A91A0910.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1991. CARLEY, Judge. Appellant-father appeals from an order of the juvenile court terminating his parental rights with respect to his daughter. The order of the juvenile court states, in part, “that the legislature has specified […]

324 S.E.2d 772 MOORE v. TANNER et al. 68633.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1984. CARLEY, Judge. Appellant filed a claim for unemployment benefits. A hearing was held, wherein the sole issue presented for resolution was whether appellant had quit his job under the “disqualifying condition” provided in OCGA § 34-8-158 (1). The […]

140 S.E.2d 68 TRAVELERS INDEMNITY COMPANY v. HOOD et al. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. HOOD et al. 41024, 41025.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1964. REHEARING DENIED DECEMBER 17, 1964. 1. It is not against public policy for a contract for automobile liability insurance to cover liability of the insured […]

17 S.E.2d 235 ATLANTIC GREYHOUND CORPORATION v. BERRY. 29009.Court of Appeals of Georgia. DECIDED OCTOBER 29, 1941. SUTTON, J. 1. Where one operating a drug-store acts as agent for a bus company in the sale of tickets for transportation of passengers on its buses and in furnishing the public information as to the bus company’s […]

511 S.E.2d 587 TOWNSEND v. THE STATE A98A2265.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1999 — RECONSIDERATION DENIED FEBRUARY 18, 1999 — CERT APPLIED FOR. JOHNSON, Chief Judge. Russell W. Townsend was charged with following too closely, driving under the influence of alcohol to the extent that it was less safe for him to […]

367 S.E.2d 879 EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES v. REYNOLDS. 75940.Court of Appeals of Georgia. DECIDED MARCH 18, 1988. REHEARING DENIED MARCH 30, 1988. SOGNIER, Judge. Equitable Life Assurance Society of the United States filed an action against Ray A. Reynolds, a former agent, to recover commissions advanced to him on the […]

427 S.E.2d 615 THE STATE v. MACK. A92A2212.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1993. JOHNSON, Judge. Michael Leo Mack was arrested for driving under the influence of alcohol and speeding. He filed a motion to suppress evidence, which the trial court granted in part and denied in part. The court denied the motion […]

48 S.E.2d 705 EDELSON v. HENDON. 32081.Court of Appeals of Georgia. DECIDED JULY 9, 1948. FELTON, J. 1. Where the injury or damage complained of is solely to a building and not to the land the measure of damages is the cost of restoring the building to its original condition. Harrison v. Kiser, 79 Ga. […]

184 S.E.2d 663 FRENCH v. NORMAN et al. 46431.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1971. DECIDED OCTOBER 7, 1971. DEEN, Judge. Appellant’s complaint alleges that the defendant appellees are liable to him in breaching a duty to provide insurance coverage which would have protected him on a loss of his automobile by theft. The […]

617 S.E.2d 223 TORGESEN et al. v. TORGESEN. A05A0705.Court of Appeals of Georgia. DECIDED JULY 11, 2005. RUFFIN, Chief Judge. Carolyn Torgesen and Karen Brumbalow, in their capacity as co-administrators of the estate of Allan Torgesen (the “estate”), appeal from the trial court’s order declaring that Trudy Torgesen, the ex-wife of the deceased, had no […]

576 S.E.2d 64 WRIGHT v. THE STATE. A02A1751.Court of Appeals of Georgia. DECIDED: JANUARY 3, 2003 MIKELL, Judge. Hoyt Hugh Wright was convicted of ten counts of child molestation, two counts of aggravated child molestation, one count of cruelty to children, and one count of aggravated sexual battery, based on acts committed against his grandson. […]

356 S.E.2d 665 WITTIG v. SPA LADY, INC. OF MARIETTA. 73759.Court of Appeals of Georgia. DECIDED APRIL 7, 1987. REHEARING DENIED APRIL 22, 1987. BIRDSONG, Chief Judge. Appellant Christine Wittig appeals from a directed verdict for appellee, Spa Lady, Inc. of Marietta, Georgia, on an action by Wittig alleging an agent of Spa Lady forged […]

356 S.E.2d 734 GILLIARD v. FULTON FEDERAL SAVINGS LOAN ASSOCIATION et al. 73919.Court of Appeals of Georgia. DECIDED APRIL 20, 1987. CARLEY, Judge. Alleging a negligent failure to procure credit life insurance on the life of her husband, appellant brought suit against appellees. She appeals from the trial court’s grant of appellees’ motion for summary […]

403 S.E.2d 882 CAMPBELL v. THE STATE. A90A2301.Court of Appeals of Georgia. DECIDED MARCH 11, 1991. POPE, Judge. Appellant Larry Campbell appeals the denial of his motion for discharge and acquittal pursuant to OCGA § 17-7-170. The indictment against Campbell was filed in McIntosh Superior Court on October 13, 1989. OCGA § 15-6-3 (4) (E) […]

341 S.E.2d 494 GARRETT v. TRANSUS, INC. 71413.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1986. CARLEY, Judge. Appellant suffered injuries while helping an employee of appellee unload a large drum of chemical fluid from appellee’s delivery truck. Appellant initially filed suit to recover no-fault benefits from appellee in its capacity as a self-insurer. See […]

641 S.E.2d 271 DUMAS v. THE STATE. No. A06A1819.Court of Appeals of Georgia. DECIDED JANUARY 16, 2007. ANDREWS, Presiding Judge. Convicted by a jury of armed robbery, hijacking a motor vehicle, possession of a firearm during commission of a felony, and aggravated assault with a deadly weapon,[1] Quentin Dumas appeals the denial of his motion […]

400 S.E.2d 353 RAMOS v. THE STATE. A90A1539.Court of Appeals of Georgia. DECIDED NOVEMBER 28, 1990. REHEARING DENIED DECEMBER 11, 1990. SOGNIER, Judge. Maurice Ramos appeals from his conviction for theft by taking. Construed to support the verdict, the evidence adduced at trial showed that on the evening of October 17, 1989, Raymond Civitts, the […]

351 S.E.2d 262 RAY v. THE STATE. 73587.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1986. DEEN, Presiding Judge. The appellant, Calvin Leon Ray, was convicted of possessing marijuana in violation of the Georgia Controlled Substances Act. He appeals from the denial of his motion for new trial which was based on newly discovered evidence. […]

316 S.E.2d 41 HENDRIXSON v. THE STATE. 66003.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1984. SHULMAN, Presiding Judge. On the first appearance of this case, we reversed the portion of the judgment below which sentenced appellant to life imprisonment. Hendrixson v. State, 167 Ga. App. 516 (3) (306 S.E.2d 349). On appeal to the […]

260 S.E.2d 371 COCHRAN v. THE STATE. 57948.Court of Appeals of Georgia.ARGUED JUNE 13, 1979. DECIDED SEPTEMBER 25, 1979. BANKE, Judge. The appellant was convicted of eight counts of aggravated assault after he drove his car into a crowd of people who had assembled to observe a Ku Klux Klan rally near Plains, Georgia. He […]

151 S.E.2d 541 PACIFIC INSURANCE COMPANY OF NEW YORK v. R. L. KIMSEY COTTON COMPANY, INC.; and vice versa. 42123, 42124.Court of Appeals of Georgia.ARGUED JULY 6, 1966. DECIDED SEPTEMBER 20, 1966. REHEARING DENIED OCTOBER 6, 1966. Under a New York Standard mortgage clause in a fire insurance contract, the liability of the insurer to […]

683 S.E.2d 116 JARRETT v. THE STATE. No. A09A0880.Court of Appeals of Georgia. DECIDED AUGUST 5, 2009. MIKELL, Judge. Marvin Jarrett (“Jarrett”) and his brother, Earnest Jarrett (“Earnest”), were jointly indicted for possession of cocaine with intent to distribute (Count 1), possession of marijuana with intent to distribute (Count 2), possession of marijuana (Count 3), […]

154 S.E.2d 871 McDONALD v. VAUGHAN. 42635.Court of Appeals of Georgia.ARGUED MARCH 6, 1967. DECIDED APRIL 7, 1967. HALL, Judge. The plaintiff in this case enumerates as error that the verdict of $1,300 is wholly inadequate to compensate her for the injuries she received, on the ground that there was undisputed evidence that the plaintiff […]

85 S.E.2d 784 HOFFMAN v. NATIONAL SURETY CORPORATION et al. 35452.Court of Appeals of Georgia. DECIDED JANUARY 27, 1955. Where, as here, compensation is sought under the Workmen’s Compensation Law, based on an accident growing out of the death of the employee due to a heart attack alleged to have been precipitated by exertion on […]

133 S.E.2d 429 MANGUM v. MILLS et al. 40328.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1963. REHEARING DENIED OCTOBER 23, 1963. Under the facts of the case the trial court erred in ruling that the sum of $500, awarded by a jury to the plaintiff in the case, and adjudged by this court on […]

140 S.E.2d 149 WRIGHT v. SAVANNAH TRANSIT AUTHORITY. 41020.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1964. EBERHARDT, Judge. Where the trial judge is within the jurisdiction, the only tender of a bill of exceptions that will suffice is one made to him. Code Ann. § 6-902; State Hwy. Dept. v. Swain, 108 Ga. App. […]

294 S.E.2d 570 POOLE TRUCK LINE, INC. et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. 64103.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1982. REHEARINGS DENIED OCTOBER 6, 1982. DEEN, Presiding Judge. This appeal arose from the grant of an interlocutory appeal following the trial court’s denial of Poole Truck Line and Transport Insurance […]

521 S.E.2d 375 TAYLOR v. THE STATE. A99A0886.Court of Appeals of Georgia. DECIDED: JULY 27, 1999. RUFFIN, Judge. A Muscogee County jury found Johnny Taylor guilty of one count of entering an automobile and one count of attempting to enter an automobile. Taylor appeals, contending that he received ineffective assistance of counsel. As Taylor’s contention […]

341 S.E.2d 294 McFADDEN BUSINESS PUBLICATIONS, INC. et al. v. GUIDRY. 71139.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1986. REHEARING DENIED FEBRUARY 21, 1986. POPE, Judge. On Saturday, June 5, 1982 appellee Guidry sustained head injuries when he fell while cutting down a tree on the premises of appellant McFadden Business Publications, Inc. (MBP). […]

470 S.E.2d 818 THE STATE v. CARRANZA A95A1166Court of Appeals of Georgia. DECIDED APRIL 15, 1996 BLACKBURN, Judge. In State v. Carranza, 217 Ga. App. 431 (457 S.E.2d 699) (1995), we reversed the trial court’s order which granted Miguel Carranza a/k/a Miguel Carranza Fonnacco’s motion to suppress his statement and motion to suppress evidence. The […]

164 S.E.2d 268 ROGERS, by Next Friend v. GEORGIA POWER COMPANY. 43599.Court of Appeals of Georgia.SUBMITTED MAY 7, 1968. DECIDED OCTOBER 17, 1968. BELL, Presiding Judge. While climbing a tree located on a public right of way, plaintiff, a 16-year-old boy, came in contact with defendant’s high-voltage electric transmission line which ran through the tree. […]

460 S.E.2d 83 CRESON v. THE STATE. A95A0133.Court of Appeals of Georgia. DECIDED MAY 9, 1995. RECONSIDERATION DENIED JULY 27, 1995. CERT. APPLIED FOR. RUFFIN, Judge. Bryan Creson was convicted by a jury of aggravated assault and appeals from the judgment of conviction and denial of his motion for new trial. The record shows that […]

384 S.E.2d 229 ANDERSON v. WILLIAMS. A89A0224.Court of Appeals of Georgia. DECIDED JULY 3, 1989. BEASLEY, Judge. Cheryl Anderson appeals from judgment on a jury verdict after her motion for new trial was denied. On February 14, 1981, she wrecked the Mercury she was driving in attempting to avoid the vehicle of Harold Williams which […]

228 S.E.2d 227 SMITH et al. v. FIRST AMERICAN BANK TRUST COMPANY. 52282.Court of Appeals of Georgia.ARGUED JUNE 7, 1976. DECIDED JULY 9, 1976. BELL, Chief Judge. Plaintiff brought this suit to recover a deficiency balance allegedly due on an installment note and security agreement, plus interest and attorney fees. The case arose out of […]

662 S.E.2d 370 ZORN v. THE STATE. No. A08A0383.Court of Appeals of Georgia. DECIDED MAY 21, 2008. BAENES, Chief Judge. Following a bench trial, Paul Lloyd Zorn was convicted of numerous drug-related offenses.[1] He appeals, arguing that the trial court erred in denying his motion to suppress evidence seized pursuant to a search warrant. For […]

636 S.E.2d 669 COURSEY v. THE STATE. No. A06A1602.Court of Appeals of Georgia. DECIDED AUGUST 17, 2006. RECONSIDERATION DENIED SEPTEMBER 7, 2006. MILLER, Judge. Following a bench trial, Linda Coursey, pro se, was found guilty of felony theft by taking. Again pro se, Coursey appeals contending that the trial court erred in offering her the […]

16 S.E.2d 69 ALFORD et al. v. ZEIGLER. 29034.Court of Appeals of Georgia. DECIDED JULY 14, 1941. The general demurrer and paragraphs 4 and 6 of the special demurrer to the petition were properly overruled, but paragraph 5 of the special demurrer to paragraph 12 of the petition was erroneously overruled. DECIDED JULY 14, 1941. […]

14 S.E.2d 603 BRINSON v. SOUTHEASTERN STAGES INC. et al. ARLEDGE v. SOUTHEASTERN STAGES INC. et al. 28344, 28518.Court of Appeals of Georgia. DECIDED MAY 8, 1941. STEPHENS, P. J. Under the ruling of the Supreme Court in answer to certified questions in these cases (Southeastern Stages, 192 Ga. 36, 14 S.E.2d 463), the city […]

31 S.E.2d 124 HERRIN v. THE STATE. 30544.Court of Appeals of Georgia. DECIDED JULY 14, 1944. 1. (a) It is not error on the hearing of an extraordinary motion for a new trial to admit, over objection, the record of the evidence taken at the trial, bearing upon the question to be decided. Page 385 […]

219 S.E.2d 41 CHERRY v. THE STATE. 51040.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 9, 1975. DECIDED SEPTEMBER 24, 1975. STOLZ, Judge. In his appeal from his conviction, by the trial judge without a jury, of aggravated assault and robbery, the defendant challenges the sufficiency of the evidence to support the robbery conviction, and the admission […]

278 S.E.2d 140 KORNEGAY v. THOMPSON. 61401.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1981. McMURRAY, Presiding Judge. This is a trover action filed in a state court to obtain possession of personal property, that is, a seven and one-half carat blue white diamond ring. The plaintiff alleges the value of the ring as being […]

348 S.E.2d 580 NATIONAL SECURITY FIRE CASUALTY COMPANY v. LONDON. 72716.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1986. CARLEY, Judge. In July of 1975, Mrs. Sallie Kimball died intestate. She was survived by four children and by her sister, appellee-plaintiff Mrs. Mattie London. After Mrs. Kimball’s death, her four children came to a mutually […]

307 S.E.2d 74 TURNER v. CITY OF NASHVILLE. 65922.Court of Appeals of Georgia. DECIDED JULY 13, 1983. REHEARING DENIED JULY 29, 1983. SOGNIER, Judge. This is an appeal seeking review of the alleged failure of the trial judge to review exceptions to findings of fact and conclusions of law as to nonvalue issues made by […]

268 S.E.2d 397 FREEMAN v. THE STATE. 59711.Court of Appeals of Georgia. DECIDED APRIL 11, 1980. McMURRAY, Presiding Judge. Defendant was indicted and convicted of the offense of burglary. On May 10, 1979, defendant was sentenced to 5 years in the penitentiary. Defendant’s motion for new trial was denied on September 13, 1979. His pro […]

610 S.E.2d 542 WHITE v. KAMINSKY. A04A2111.Court of Appeals of Georgia. DECIDED DECEMBER 14, 2004. RECONSIDERATION DENIED FEBRUARY 21, 2005. BLACKBURN, Presiding Judge. In this case involving the construction of restrictive covenants in a contract, Dewey C. White appeals, arguing that the trial court erred in granting summary judgment to Nathan H. Popky d/b/a Pop’s […]

445 S.E.2d 566 JOHNSTON v. THE STATE. A94A1116.Court of Appeals of Georgia. DECIDED JUNE 17, 1994. POPE, Chief Judge. Defendant Richard Johnston appeals his conviction for aggravated child molestation. The record reveals that the defendant was indicted on this charge on May 5, 1993. The record further reveals that the last act for which defendant […]

507 S.E.2d 239 BUNCH et al. v. VINCENT. A98A1058.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1998 — RECONSIDERATION DENIED OCTOBER 6, 1998. McMURRAY, Presiding Judge. This is the second appearance of this action for damages predicated on allegations of legal malpractice and breach of fiduciary duty. In Vincent v. Bunch, 227 Ga. App. 480 […]

54 S.E.2d 693 WESTBROOK v. BEUSSE et al. 32372.Court of Appeals of Georgia. DECIDED JUNE 28, 1949. REHEARING DENIED JULY 15, 1949. In the sale and purchase of real property, it is the general rule that the courts will not afford relief to one who could have discovered by inspection, the truth or falsity of […]

677 S.E.2d 338 BOLLERS et al. v. NOIR ENTERPRISES, INC.; COUNTRYWIDE HOME LOANS, INC. v. NOIR ENTERPRISES, INC. Nos. A08A1739, A08A1811.Court of Appeals of Georgia. DECIDED MARCH 12, 2009. RECONSIDERATIONS DENIED APRIL 10, 2009. ADAMS, Judge. Neil and Byrl Bollers appeal from the trial court’s orders granting partial summary judgment to Noir Enterprises, Inc. on […]

264 S.E.2d 276 RIDER v. WESTINGHOUSE ELECTRIC CORPORATION et al. 58564.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1979. DECIDED DECEMBER 4, 1979. REHEARING DENIED DECEMBER 19, 1979. CARLEY, Judge. Appellant brought suit, as beneficiary of her deceased husband, to recover under a group occupational travel accident insurance policy provided by the appellee-Westinghouse to its employees […]

66 S.E.2d 179 SCOTT v. SAVANNAH ELECTRIC POWER COMPANY. 33615.Court of Appeals of Georgia. DECIDED JULY 16, 1951. REHEARING DENIED JULY 30, 1951. A special employee injured while in the course of his employment and as a result thereof may recover compensation under the compensation act against his general employer or against his special employer […]

319 S.E.2d 76 CREECH v. THE STATE. 68513.Court of Appeals of Georgia. DECIDED JUNE 15, 1984. BANKE, Presiding Judge. The appellant appeals his convictions of five counts of burglary and one count of attempted burglary. The principal witness against him was an accomplice, who described in detail how the burglaries had been committed. Also introduced […]

316 S.E.2d 170 DRAINE v. THE STATE. 67703.Court of Appeals of Georgia. DECIDED FEBRUARY 29, 1984. McMURRAY, Chief Judge. Defendant appeals his conviction for the offense of rape following the denial of his motion for new trial. Held: His appointed counsel has appealed but has now filed a motion to withdraw as counsel pursuant to […]

574 S.E.2d 898 WARE v. THE STATE. A02A2128.Court of Appeals of Georgia. DECIDED: DECEMBER 4, 2002 JOHNSON, Presiding Judge. Ricardo Ware was convicted of armed robbery. He appeals, arguing that the trial court erred in admitting evidence of his confession, in overruling his challenge of jury strikes used by the state, and in finding that […]

235 S.E.2d 582 THOMPSON v. FIRST NATIONAL BANK TRUST COMPANY IN MACON. 53544.Court of Appeals of Georgia.ARGUED MARCH 7, 1977. DECIDED APRIL 14, 1977. REHEARING DENIED MAY 3, 1977. BANKE, Judge. The appellee brought suit against the appellant for the amount due on a note. The appellant defended on the grounds of equitable estoppel and […]

102 S.E.2d 514 STATE HIGHWAY DEPARTMENT v. ATTAWAY. 37022.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1958. NICHOLS, Judge. 1. “In a case involving questions of law and fact, tried by a judge without the intervention of a jury, where no motion for new trial is made, and a bill of exceptions is sued out […]

662 S.E.2d 800 DORSEY v. THE STATE. No. A08A0492.Court of Appeals of Georgia. DECIDED MAY 29, 2008. ANDREWS, Judge. Maurice Jones Dorsey appeals from the judgment entered after a jury found him guilty of armed robbery and possession of a knife during the commission of a felony. Dorsey’s only argument on appeal is that the […]