Category: Georgia Court of Appeals Opinions

636 S.E.2d 765 ABRAMSON et al. v. WILLIAMS et al. No. A06A1493.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 2006. SMITH, Presiding Judge. Mary Williams and her husband filed this medical malpractice action against Robert Abramson, M.D. and his professional corporation, Neurological Associates of Augusta, P.C., alleging that Dr. Abramson negligently failed to diagnose Mrs. […]

627 S.E.2d 431 PEARSON et al. v. TIPPMANN PNEUMATICS, INC. A05A1581.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 2006. BERNES, Judge. This products liability action arises from the accidental shooting of Cody Pearson in the eye at short range with a loaded paintball gun manufactured by Tippmann Pneumatics, Inc. Cody and his parents in their […]

359 S.E.2d 702 CHESHIRE BRIDGE ENTERPRISES, INC. v. LEXINGTON INSURANCE COMPANY, INC. 74274.Court of Appeals of Georgia. DECIDED JUNE 25, 1987. REHEARING DENIED JULY 14, 1987. CARLEY, Judge. On October 28, 1985, appellant-insured filed this suit against appellee-insurer, seeking to recover on a surplus line policy providing fire insurance coverage. On October 31, appellant merely […]

284 S.E.2d 65 NOVATEX SALES, INC. et al. v. PRINCE; and vice versa. 62294, 62295.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1981. QUILLIAN, Chief Judge. On or about March 13, 1979, plaintiff David R. Prince met with James C. Barbre, President of NTS, Inc. (later changed to NOVATEX Sales, Inc.) and purchased 4,000 shares […]

620 S.E.2d 576 SWANSON et al. v. HALL et al. A05A1219.Court of Appeals of Georgia. DECIDED AUGUST 11, 2005. RECONSIDERATION DENIED SEPTEMBER 9, 2005. RUFFIN, Chief Judge. Appellants Terry Lamar Swanson, Tommy Roberts Trucking, Inc., and Georgia Casualty Surety Company appeal from a jury verdict and judgment against them in a personal injury and wrongful […]

460 S.E.2d 860 CHEEKS v. THE STATE. A95A0478.Court of Appeals of Georgia. Decided July 14, 1995. Reconsideration denied July 28, 1995. ANDREWS, Judge. Cheeks pled guilty to theft by taking of lottery tickets from the convenience store where she was formerly employed. She requested and received a restitution hearing. At the hearing, she offered no […]

501 S.E.2d 268 IN THE INTEREST OF: D.C.N.K and M.B.C.B., Children (two cases). A98A0538, A98A0539.Court of Appeals of Georgia. DECIDED APRIL 6, 1998. McMURRAY, Presiding Judge. On February 28, 1997, the Houston County Department of Family Children Services (“DFACS”) filed a complaint with the Houston County Juvenile Court alleging that the female child, D.C.N.K. (“D. […]

363 S.E.2d 777 LYNCH v. GEORGIA POWER COMPANY. 74887.Court of Appeals of Georgia. DECIDED NOVEMBER 18, 1987. REHEARING DENIED DECEMBER 11, 1987. CARLEY, Judge. Appellant-plaintiff, who is a painter, attempted to lean an aluminum ladder against the side of an apartment house. The ladder fell backwards and came into close proximity to a power line […]

381 S.E.2d 406 MALLORY v. DANIEL LUMBER COMPANY, INC. A89A0418.Court of Appeals of Georgia. DECIDED APRIL 3, 1989. BANKE, Presiding Judge. The appellee contracted to build a commercial office building for the appellant for a base price of approximately $644,000. The contract Page 235 specified that “[a]ll changes in price will become a part of […]

442 S.E.2d 18 CUNNINGHAM v. TARA STATE BANK. A94A0308.Court of Appeals of Georgia. DECIDED MARCH 16, 1994. BLACKBURN, Judge. Tara State Bank (the Bank) instituted suit against John Cunningham to recover on two demand notes. The trial court granted the Bank’s motion for summary judgment and Cunningham appeals. On November 21, 1989, Cunningham executed a […]

670 S.E.2d 881 IN THE INTEREST OF M. B., a child. No. A08A1688.Court of Appeals of Georgia. DECIDED DECEMBER 2, 2008. PHIPPS, Judge. M. B. appeals orders of the Juvenile Court of Haralson County adjudicating him delinquent and committing him to the custody of the Department of Juvenile Justice for two years. The court found […]

270 S.E.2d 825 MONTGOMERY v. THE STATE. 59901.Court of Appeals of Georgia.ARGUED MAY 6, 1980. DECIDED JULY 7, 1980. REHEARING DENIED JULY 24, 1980. BIRDSONG, Judge. Convicted of simple battery, rape, burglary and two counts of robbery by use of force, Glenn Leroy Montgomery appeals, Page 424 enumerating six errors. The evidence presented at the […]

532 S.E.2d 487 GEORGIA DEPT. OF PUBLIC SAFETY v. SCHUEMAN. A99A2465.Court of Appeals of Georgia. DECIDED: MARCH 24, 2000. RUFFIN, Judge. After the Georgia Department of Public Safety refused to reinstate Kirk Schueman’s driver’s license, Schueman appealed to the superior court, which reversed the department’s decision and ordered reinstatement upon the completion of certain conditions. […]

580 S.E.2d 636 IN THE INTEREST OF K. M. et al., children. A03A0357.Court of Appeals of Georgia. March 27, 2003 JOHNSON, Presiding Judge. The parents of two girls appeal from an order terminating their parental rights. They have not shown any error, and this court therefore has no choice but to affirm the judgment of […]

309 S.E.2d 404 HILLIS v. FIRST NATIONAL BANK OF WAYNESBORO. 66533.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1983. SHULMAN, Chief Judge. This appeal followed the grant of summary judgment to appellee in an action for a deficiency judgment. Appellant argues that the trial court erred when it granted the motion for summary judgment without […]

659 S.E.2d 625 COKER v. GREAT AMERICAN INSURANCE COMPANY. No. A07A1760.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 2008. RECONSIDERATION DENIED MARCH 19, 2008. MIKELL, Judge. Nicholas Coker, an employee of Mayo Company, Inc. (“Mayo”), was using a hydraulic shearing machine to cut metal sheets on August 26, 1998, when a substantial portion of all […]

66 S.E.2d 124 ATHENS LUMBER COMPANY INC. v. BURTON et al. 33628.Court of Appeals of Georgia. DECIDED JUNE 29, 1951. Under the circumstances of this case, where a contractor died before fully completing his contract to improve an owner’s real estate, a claim of lien recorded by a materialman within three months from the death […]

429 S.E.2d 151 MARLOWE v. CABE et al. A92A2398.Court of Appeals of Georgia. DECIDED MARCH 11, 1993. POPE, Chief Judge. Plaintiff Jacque Marlowe filed a complaint alleging she was injured when she fell because the heel of her boot became trapped in a hole in the sidewalk in front of a restaurant operated by defendant […]

635 S.E.2d 353 TANKSLEY v. THE STATE. No. A06A1681.Court of Appeals of Georgia. DECIDED AUGUST 10, 2006. PHIPPS, Judge. Genard Tanksley was charged with one count each of burglary, aggravated assault, kidnapping, armed robbery, and possession of a firearm during the commission of other crimes. He was also charged with two counts of possession of […]

62 S.E.2d 375 STATE CONSTRUCTION CO. v. JOHNSON. 33292.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1950. A contractor working on public highways and bridges under contract with the State or one of its political subdivisions is not immune to liability for injuries caused by its negligence in the prosecution of the work contracted for […]

494 S.E.2d 714 VANCE et al. v. T. R. C. et al. BABY BOY C. v. VANCE et al. A97A1586. A97A1587.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1997 — CERT. APPLIED FOR. BEASLEY, Judge. T. R. C., a minor, brought an action against Dr. Luther Vance, Jr. and his professional corporation for damages arising […]

496 S.E.2d 277 HARRIS v. THE STATE. A97A1801.Court of Appeals of Georgia. DECIDED JANUARY 15, 1998. RECONSIDERATION DENIED FEBRUARY 2, 1998. BEASLEY, Judge. Joseph Harris pleaded guilty to two counts of armed robbery and was sentenced to two consecutive life terms. His sentence was later reduced to two concurrent life terms. Harris challenges the court’s […]

41 S.E.2d 657 ADAMSON v. GAULTNEY. 31526.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1947. SUTTON, P. J. The defendant in a dispossessory-warrant proceeding in the Civil Court of Fulton County applied to and obtained from a judge of the superior court a sanction of a petition for a writ of certiorari directed to the […]

106 S.E.2d 857 OXFORD, Commissioner v. NEHI CORPORATION. 37203.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1958. REHEARING DENIED DECEMBER 16, 1958. This case is controlled by the rulings of this court in State of Georgia v. Coca Cola Bottling Co., 93 Ga. App. 609 (92 S.E.2d 548). DECIDED DECEMBER 2, 1958 — REHEARING DENIED […]

443 S.E.2d 650 DOTSON v. THE STATE. A94A0825.Court of Appeals of Georgia. DECIDED APRIL 13, 1994. BIRDSONG, Presiding Judge. Gregory J. Dotson appeals his judgment of conviction of DUI and speeding. During direct examination appellant revealed the numerical reading of the field alcosensor test; the State moved for a mistrial which the trial court immediately […]

211 S.E.2d 198 TUGGLE et al. v. HOSPITAL AUTHORITY OF GWINNETT COUNTY. 49590.Court of Appeals of Georgia.ARGUED SEPTEMBER 3, 1974. DECIDED OCTOBER 23, 1974. REHEARING DENIED NOVEMBER 14, 1974. EVANS, Judge. Hines William Tuggle became ill during the early hours of February 12, 1971. His wife tried to call his family doctor, and the doctor’s […]

338 S.E.2d 66 HUB CITY ATLANTA TERMINALS, INC. v. EXPERT FREIGHT BROKERAGE, INC. 71492.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1985. BANKE, Chief Judge. Defendant Hub City Atlanta Terminals, Inc. (Hub Atlanta), appeals from an award of summary judgment to plaintiff Expert Freight Brokerage, Inc. (Expert), in an action on an open account. In […]

431 S.E.2d 123 DILLS v. BOHANNON et al. A93A0133.Court of Appeals of Georgia. DECIDED APRIL 5, 1993. RECONSIDERATION DENIED APRIL 23, 1993. BEASLEY, Presiding Judge. We granted plaintiff Dills’ application for discretionary appeal of an award to defendants Bohannon and Colonial Freight of litigation expenses and attorney fees under OCGA § 9-15-14. This suit arose […]

18 S.E.2d 516 CLAY v. DRAKE. 29276.Court of Appeals of Georgia. DECIDED JANUARY 16, 1942. The petition as amended set forth a cause of action. The court properly overruled the demurrers to paragraphs 1 and 2 of the petition as amended; erred in sustaining demurrers to paragraphs 3, 4, and 21-26 inclusive; properly sustained the […]

297 S.E.2d 520 ALLSTATE INSURANCE COMPANY v. THOMPSON. 64104.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1982. SOGNIER, Judge. Gerald Thompson sued Allstate Insurance Company to recover for fire loss under the terms of a homeowner’s insurance policy. The jury returned a verdict in favor of Thompson and Allstate appeals. The policy in question was […]

643 S.E.2d 736 McKINNEY v. REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA et al. No. A06A2439.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 2007. RECONSIDERATION DENIED MARCH 19, 2007. RUFFIN, Judge. David M. McKinney, an employee of LF Pipeline, was seriously injured when the jackhammer he was operating struck an electrical line. He brought a […]

79 S.E.2d 562 GRIFFIN v. BURDINE. 34663.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1953. REHEARING DENIED DECEMBER 16, 1953. 1. The evidence authorized the verdict for the plaintiff, and the trial court did not err in overruling the general grounds of the motion for new trial. 2. The charge complained of in the first […]

609 S.E.2d 681 ADAMS et al. v. MADISON COUNTY PLANNING ZONING. A04A2017.Court of Appeals of Georgia. DECIDED JANUARY 21, 2005. MILLER, Judge. This is an appeal from the superior court’s denial of Thomas and Helen Adams’ petition for certiorari. In their petition, the Adamses alleged that the sentence issued by a magistrate court for violation […]

21 S.E.2d 922 RABUN v. PLANTERS COTTON OIL COMPANY. 29640.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1942. In an appeal from a justice’s court to the superior court it was error for the judge of the superior court to dismiss the appeal for the sole reason that counsel for the appellant stated in his […]

396 S.E.2d 262 VOGEL v. THE STATE. A90A0566.Court of Appeals of Georgia. DECIDED JUNE 27, 1990. REHEARING DENIED JULY 25, 1990. COOPER, Judge. Appellant was convicted of the crime of abandonment of a minor child in 1979 and his prison sentence of twelve months was suspended upon condition of paying $100 per month child support. […]

169 S.E.2d 374 GIBSON PRODUCTS COMPANY OF ALBANY, INC. v. ADDISON. 44349.Court of Appeals of Georgia.ARGUED MARCH 5, 1969. DECIDED JUNE 18, 1969. REHEARING DENIED JULY 3, 1969. JORDAN, Presiding Judge. Gibson Products Company, Inc., the defendant in a tort action for false arrest and malicious prosecution, filed a timely notice of appeal from an […]

210 S.E.2d 332 HELMER et al. v. HEGIDIO et al. 49506.Court of Appeals of Georgia.SUBMITTED JULY 1, 1974. DECIDED OCTOBER 1, 1974. REHEARING DENIED OCTOBER 29, 1974. QUILLIAN, Judge. Appeal was taken in this case from the denial of the defendant’s motion for summary judgment which was originally denominated as a motion to dismiss. The […]

201 S.E.2d 155 KING v. THE STATE. 48507.Court of Appeals of Georgia.ARGUED SEPTEMBER 5, 1973. DECIDED SEPTEMBER 12, 1973. EBERHARDT, Presiding Judge. Petitioner filed a “Motion to Secure Records” in Fulton Superior Court, stating that he was arrested October 20, 1971, and seeking certified copies of indictments, warrants, judgment and conviction, police report, all papers […]

433 S.E.2d 65 JOHNSTON et al. v. GEORGIA PUBLIC SERVICE COMMISSION et al. A93A0107.Court of Appeals of Georgia. DECIDED MAY 25, 1993. RECONSIDERATIONS DENIED JUNE 10, 1993 AND JUNE 28, 1993. BLACKBURN, Judge. On June 28, 1991, the trial court granted summary judgment for the Georgia Public Service Commission and other appellees in this action […]

615 S.E.2d 846 OLIVER v. THE STATE. BASKERVILLE v. THE STATE. A05A0695, A05A0696.Court of Appeals of Georgia. DECIDED JUNE 20, 2005. PHIPPS, Judge. Amon Oliver and Jason Baskerville were tried by a jury and convicted of armed robbery. Baskerville was also convicted of kidnapping and aggravated assault. Both claim that the evidence was insufficient to […]

284 S.E.2d 664 McCOY v. THE STATE. 62057.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1981. CARLEY, Judge. Appellant and Larry Strickland were jointly indicted for burglary. At arraignment both men entered pleas of guilty and the state recommended the imposition of a sentence of ten years probation for each. However, after the trial court […]

629 S.E.2d 410 NELSON v. THE STATE. A05A1778.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 2006. BERNES, Judge. A Fulton County jury found Ray Nelson guilty of four counts of aggravated assault and one count of kidnapping with bodily injury. Following the denial of his motion for new trial, Nelson filed this appeal. Nelson contends […]

227 S.E.2d 94 ROSE v. McGUFFIE et al. 52058.Court of Appeals of Georgia.SUBMITTED APRIL 6, 1976. DECIDED MAY 17, 1976. BELL, Chief Judge. This is an appeal from an order granting a motion to set aside a judgment. This order is not a final judgment. Page 665 Finch v. Kilgore, 120 Ga. App. 320 (170 […]

228 S.E.2d 727 SPRIGGS v. THE STATE. 52505.Court of Appeals of Georgia.SUBMITTED JULY 7, 1976. DECIDED SEPTEMBER 16, 1976. MARSHALL, Judge. Appellant was convicted on his plea of guilty of aggravated assault and was sentenced to 10 years. In his brief, appellant presents three discernable issues: (1) whether his plea of guilty and sentence were […]

167 S.E.2d 214 DAVIS v. UNITED STATES FIDELITY GUARANTY COMPANY et al. 44311.Court of Appeals of Georgia.ARGUED MARCH 4, 1969. DECIDED MARCH 13, 1969. EBERHARDT, Judge. On August 26, 1966, a collision occurred between automobiles driven by H. F. Davis and Preston Roland. August 25, 1968, was a Sunday, and on Monday, August 26, 1968, […]

208 S.E.2d 165 ASKREN et al. v. ALLEN. 49523.Court of Appeals of Georgia.ARGUED JUNE 27, 1974. DECIDED JULY 5, 1974. EBERHARDT, Presiding Judge. Harris Montgomery Allen filed suits against Edward L. Askren, III, M. D., and against O. Henry Harsch, Ph.D., Irma Lee Shepherd, Ph.D., and Joen Fagan, Ph.D., seeking damages for alleged malpractice in […]

469 S.E.2d 318 KEEF v. THE STATE A95A1879Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1996 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant was charged in an indictment with two counts of “SERIOUS Page 135 INJURY BY VEHICLE,” one count of “DRIVING UNDER THE INFLUENCE OF ALCOHOL AND DRUGS (O.C.G.A. 40-6-391),” namely amphetamine and […]

348 S.E.2d 492 NATIONAL BANK OF GEORGIA v. WEINER; and vice versa. 71614, 71713.Court of Appeals of Georgia. DECIDED JULY 15, 1986. REHEARING DENIED JULY 31, 1986. BEASLEY, Judge. In 1976 Zagoria Stoner, P. C., a professional corporation engaged in the general practice of law, opened at the National Bank of Georgia a commercial checking […]

204 S.E.2d 632 MERRILL v. THE STATE. 48419.Court of Appeals of Georgia.ARGUED SEPTEMBER 13, 1973. DECIDED JANUARY 7, 1974. REHEARING DENIED FEBRUARY 4, 1974. CLARK, Judge. This appeal is by one of two defendants who were jointly indicted, tried and convicted of possession of marijuana. Co-defendant paid the fine imposed upon him. Appellant received an […]

502 S.E.2d 756 WRIGHT v. THE STATE A98A1098.Court of Appeals of Georgia. DECIDED MAY 22, 1998. BLACKBURN, Judge. A jury convicted Paul Richard Wright of aggravated stalking and making harassing telephone calls. Wright appeals only his conviction for aggravated stalking, raising several enumerations of error. For the reasons set forth below, we affirm. 1. Wright […]

156 S.E.2d 126 PERKINS v. ANDREWS et al. 42759.Court of Appeals of Georgia.ARGUED MAY 4, 1967. DECIDED MAY 19, 1967. REHEARING DENIED JUNE 6, 1967. JORDAN, Presiding Judge. This litigation arose out of a multiple automobile collision involving four passenger automobiles proceeding north one behind the other on the south expressway in Atlanta. For convenience, […]

367 S.E.2d 102 SPAFFORD v. MASERONI. 75719.Court of Appeals of Georgia. DECIDED MARCH 9, 1988. McMURRAY, Presiding Judge. On June 4, 1984, plaintiff Maseroni filed her complaint in three counts against defendant Spafford, her former husband. Count 1 sought a judgment for an arrearage of child support for the years 1979 through 1983 and for […]

469 S.E.2d 545 STRATTON COMPANY, INC. v. ARGONAUT INSURANCE COMPANY A95A2031Court of Appeals of Georgia. DECIDED MARCH 14, 1996 POPE, Presiding Judge. Plaintiff Stratton Company, Inc. appeals the trial court’s grant of partial summary judgment to defendant Argonaut Insurance Company. Concluding that the trial court erred, we reverse. Construed most favorably to Stratton, the record […]

75 S.E.2d 275 USRY et al. v. HADDEN et al. 34262.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1953. WORRILL, J. 1. Findings of fact by a director of the State Board of Workmen’s Compensation, which are affirmed on appeal to the full board, are, when supported by any evidence, conclusive upon the courts. Reeves […]

489 S.E.2d 125 ARVIDA/JMB PARTNERS, L.P.-II et al. v. HADAWAY et al. A97A0408.Court of Appeals of Georgia. DECIDED JULY 15, 1997. McMURRAY, Presiding Judge. Plaintiffs Thomas E. Hadaway and Linda R. Hadaway brought this trespass and nuisance action against defendants Arvida/JMB Partners, L.P.-II and Arvida/JMB Managers-II, Inc. to recover for damages caused by increased siltation […]

284 S.E.2d 95 CLARK et al. v. WEAVER et al. 62307.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1981. CARLEY, Judge. Appellant-plaintiff, individually and as administrator of the estate of Earnest R. Clark, Jr., plaintiff’s deceased husband, filed three separate but identical complaints in the Superior Courts of Fulton, DeKalb and Gwinnett Counties against all […]

145 S.E.2d 76 SOUTHERN RAILWAY COMPANY v. BROOKS et al. 41374.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1965. REHEARING DENIED SEPTEMBER 22, 1965. 1. (a) The applicable standard for adjudging whether a statute is so vague and indefinite as to be unenforceable is the practical criterion of fair notice to those to whom the […]

144 S.E.2d 922 HAMBRICK, Trustee v. NOVA et al. 41327.Court of Appeals of Georgia.SUBMITTED MAY 4, 1965. DECIDED SEPTEMBER 8, 1965. REHEARING DENIED SEPTEMBER 16, 1965. PANNELL, Judge. 1. A bill of exceptions assigning error on the grant of a motion for new trial on special grounds will lie to this court (Code § 6-701, […]

296 S.E.2d 784 JOLLY v. THE STATE. 64780.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1982. BIRDSONG, Judge. Ricky Jolly was convicted of three counts of aggravated assault, driving under the influence, and driving after having been declared an habitual offender. The conduct out of which these charges arose occurred while appellant Jolly was attending […]

11 S.E.2d 423 SWEARINGEN v. THE STATE. 28439.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1940. REHEARING DENIED NOVEMBER 16, 1940. The special assignments of error are without merit. The evidence supported the verdict. DECIDED NOVEMBER 4, 1940. REHEARING DENIED NOVEMBER 16, 1940. Manslaughter; from Schley superior court — Judge Harper, February 29, 1940. Page […]

495 S.E.2d 877 BANKS v. THE STATE. A97A1823.Court of Appeals of Georgia. DECIDED JANUARY 21, 1998. BEASLEY, Judge. When a nurse responded affirmatively to defense counsel’s inquiry whether the victim had reported a prior act of consensual intercourse, the court declared a mistrial in Jeffrey Banks’ trial for rape (OCGA § 16-6-1), aggravated assault (OCGA […]

274 S.E.2d 841 COLLINS v. LEVINE et al. 60319.Court of Appeals of Georgia.ARGUED JULY 8, 1980. DECIDED NOVEMBER 19, 1980. BIRDSONG, Judge. The appellant here is the plaintiff in a suit below against a law firm and an attorney, wherein she alleged that defendants are indebted to her for neglect of professional duties. The appellee, […]

345 S.E.2d 127 BRADLEY et al. v. RED FOOD STORES (GEORGIA), INC. 71777.Court of Appeals of Georgia. DECIDED MAY 7, 1986. McMURRAY, Presiding Judge. On December 12, 1983, Edith Bradley, wife of Cecil Bradley, entered defendant’s grocery store where she contends she slipped and fell resulting in personal injuries. On October 12, 1984, the plaintiff […]

171 S.E.2d 375 GATES v. THE STATE. 44736.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1969. DECIDED SEPTEMBER 30, 1969. REHEARING DENIED OCTOBER 21, 1969. PANNELL, Judge. The defendant was convicted of the offense of voluntary manslaughter and was given a ten-year sentence. He filed a motion for new trial on the general grounds only, which […]

233 S.E.2d 851 ELKINS v. WILLETT LINCOLN-MERCURY, INC. 53380.Court of Appeals of Georgia.ARGUED FEBRUARY 3, 1977. DECIDED FEBRUARY 28, 1977. QUILLIAN, Presiding Judge. This is an appeal from a directed verdict for the plaintiff on an action to recover $2,250.87 for repairs made by Willett Lincoln-Mercury on a 1961 Lincoln automobile belonging to the defendant. […]

154 S.E.2d 751 COOGLER, Executor, et al. v. DILLASHAW. 42658.Court of Appeals of Georgia.ARGUED MARCH 8, 1967. DECIDED APRIL 5, 1967. DEEN, Judge. In Dillashaw v. Coogler, 114 Ga. App. 139 (150 S.E.2d 161), an action for wrongful death by drowning against the proprietor of a swimming pool, it was held that a verdict was […]

703 S.E.2d 359 BARNES et al. v. MORGANTON BAPTIST ASSOCIATION, INC. BARNES et al. v. TANKERSLEY et al. No. A10A1092, A10A1093.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 2010. MILLER, Chief Judge. On September 26, 2005, 23-year-old Brian Lackhouse was fatally injured when he and his bicycle fell off a retaining wall adjacent to the […]

293 S.E.2d 537 JONES et al. v. ALEXANDER. 63565.Court of Appeals of Georgia. DECIDED JULY 16, 1982. REHEARING DENIED JULY 29, 1982. POPE, Judge. Plaintiff-appellee Alexander filed suit on December 17, 1976 to remove a cloud from the title to certain property located in Polk County, Georgia. Additionally, she sought damages and attorney fees. Named […]

223 S.E.2d 488 CRAWFORD v. FIRST NATIONAL BANK OF ROME. 51496.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1975. DECIDED JANUARY 16, 1976. MARSHALL, Judge. This is an appeal from a directed verdict in favor of the defendant bank below at the conclusion of the presentation of plaintiff Crawford’s evidence on a case sounding in tort. […]

124 S.E.2d 296 KENT v. THE STATE. 39272.Court of Appeals of Georgia. DECIDED JANUARY 29, 1962. REHEARING DENIED FEBRUARY 15, 1962. The trial court did not err in denying the amended motion for new trial. DECIDED JANUARY 29, 1962 — REHEARING DENIED FEBRUARY 15, 1962. Possessing illegal whisky. McDuffie Superior Court. Before Judge Kennedy. The […]

63 S.E.2d 287 CAWTHON v. McCORD et al. 33308.Court of Appeals of Georgia. DECIDED JANUARY 25, 1951. For service of a suit brought in the Civil Court of Fulton County to be valid and effectual, a copy of the petition and process must be served on the defendant personally or the same left with some […]

21 S.E.2d 270 LIFE AND CASUALTY INSURANCE COMPANY OF TENNESSEE v. HIGDON. 29431.Court of Appeals of Georgia. DECIDED JUNE 6, 1942. REHEARING DENIED JULY 22, 1942. 1. The term “good health” as used in a life-insurance policy which provides that there shall be no liability under the policy, except as to a return of the […]

424 S.E.2d 801 GREEN v. WILCOX. A92A0801.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1992. RECONSIDERATION DENIED NOVEMBER 6, 1992. SOGNIER, Chief Judge. Jason Green, by his next friend, his mother, Tammie Green, brought a medical malpractice action against Dr. C. R. Wilcox alleging that during Green’s birth Wilcox, an obstetrician, applied injudicious traction in […]

239 S.E.2d 556 BROWN v. THE STATE. 54404.Court of Appeals of Georgia.ARGUED SEPTEMBER 20, 1977. DECIDED OCTOBER 28, 1977. BELL, Chief Judge. The defendant was convicted of theft by taking of 14 sweaters, the property of a retail store in the value of $181.86. Held: 1. The store manager, who had been employed in various […]

119 S.E.2d 809 LAND v. THE STATE. 38827.Court of Appeals of Georgia. DECIDED APRIL 11, 1961. 1. An entity with the right of possession of property to the exclusion of all others, including the true owner, may be alleged as owner of the fund in an indictment for embezzlement. Where cash bonds are illegal, the […]

244 S.E.2d 103 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA v. PRO-TRAVEL, INC. et al. 55308.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1978. DECIDED APRIL 5, 1978. McMURRAY, Judge. This is a declaratory judgment action. On or about May 28, 1975, a Cessna 421 aircraft crashed while being piloted by Ronald S. Leventhal and occupied by […]

426 S.E.2d 186 WOOD v. BROWNING-FERRIS INDUSTRIES OF GEORGIA, INC. et al. A92A1071.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1992. RECONSIDERATION DENIED DECEMBER 14, 1992. COOPER, Judge. Appellant brought an action against appellees, McCombs Freight Line, Inc. (“McCombs”) and Browning-Ferris Industries of Georgia, Inc. (“BFI”), for personal injuries he sustained in a rear-end collision. […]

316 S.E.2d 40 FANTROYAL v. HIERS. 67300.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1984. POPE, Judge. Slip and Fall. Based upon the facts of record in this case, the issues raised on appeal are controlled adversely to appellant by the decisions in Sears, Roebuck Co. v. Reid, 132 Ga. App. 136 (207 S.E.2d 532) […]

18 S.E.2d 45 WESTERN ATLANTIC RAILROAD v. FRAZIER. 29093.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1941. 1. It was error for the court to refuse a correct request to charge the jury specifically as to a vital point in the case, although the charge as given in general terms may have included the subject […]

554 S.E.2d 528 GRAHAM v. THE STATE A01A1945.Court of Appeals of Georgia. DECIDED: AUGUST 27, 2001. PHIPPS, Judge. Following denial of his motion for new trial, Tequan Graham appeals his convictions on two counts of felony theft by receiving stolen property. He challenges the sufficiency of the evidence to support his convictions and felony sentences, […]

398 S.E.2d 858 SMITH v. THE STATE. A90A1571.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 1990. BEASLEY, Judge. Donna Smith appeals her conviction for possession of approximately 6.7 grams of cocaine in violation of the Georgia Controlled Substances Act, OCGA § 16-13-30 (a). She claims the evidence was insufficient to support the conviction because there […]

181 S.E.2d 881 BLI CONSTRUCTION COMPANY v. KNOWLES. 45955.Court of Appeals of Georgia.SUBMITTED FEBRUARY 2, 1971. DECIDED MARCH 15, 1971. REHEARING DENIED APRIL 2, 1971. QUILLIAN, Judge. The instant case, being a companion to 45954, is controlled by the decision in that case. Judgment affirmed. Jordan, P. J., and Evans, J., concur. SUBMITTED FEBRUARY 2, […]

221 S.E.2d 682 BISHOP v. GEORGIA BAPTIST HOSPITAL et al. 50902.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 15, 1975. DECIDED NOVEMBER 10, 1975. MARSHALL, Judge. This appeal presents a question as to the ownership of funds recovered by a third-party plaintiff from a third-party defendant. Do they belong to the third-party Page 508 plaintiff or to […]

549 S.E.2d 421 SALMON v. THE STATE OF GEORGIA. A01A0478.Court of Appeals of Georgia. DECIDED: MAY 10, 2001. SMITH, Presiding Judge. This case arises out of a judgment against Ronald Salmon in a civil forfeiture proceeding. Salmon appeals from the denial of his motion for new trial. We do not agree with Salmon that the […]

508 S.E.2d 710 JENKINS v. THE STATE. A98A1927.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1998 — CERT. APPLIED FOR. BEASLEY, Judge. Following denial of his motion for new trial, Jenkins appeals his conviction of one count of child molestation and one count of aggravated child molestation. OCGA § 16-6-4. The victim was four years […]

629 S.E.2d 86 SIMMONS v. THE STATE. A05A1654.Court of Appeals of Georgia. DECIDED MARCH 23, 2006. BARNES, Judge. Tony Simmons appeals from his felony shoplifting conviction, contending insufficient evidence supports his conviction and that the trial court imposed an illegal sentence. For the reasons that follow, we affirm his conviction, vacate his sentence, and remand […]

493 S.E.2d 251 STEWART et al. v. TURNER. A97A1859.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 1997 — CERT. APPLIED FOR. BLACKBURN, Judge. Norma June Stewart and Shannon M. Stewart (collectively, defendants) appeal the entry of default judgment against them, contending that the court erred in denying their motion to open default and in ruling […]

25 S.E.2d 41 EIDSON et al. v. FELDER et al.; and vice versa. 29891, 29892.Court of Appeals of Georgia. DECIDED MARCH 13, 1943. REHEARING DENIED MARCH 26, 1943. The verdict for the plaintiff being authorized under the evidence, and not being excessive, and no error appearing in any of the grounds of the motion for […]

527 S.E.2d 248 ROLLING PIN KITCHEN EMPORIUM, INC. et al. v. KAAS. A99A2415.Court of Appeals of Georgia. DECIDED: DECEMBER 16, 1999. SMITH, Judge. Rolling Pin Kitchen Emporium, Inc. and Aropi, Inc. appeal from the trial court’s grant of judgment on the pleadings to Glenn D. Kaas in the suit brought by Kaas to recover debts […]

485 S.E.2d 561 IN THE INTEREST OF C. W., A CHILD. A97A0967.Court of Appeals of Georgia. DECIDED APRIL 3, 1997. ELDRIDGE, Judge. Appellant, C. W., challenges the juvenile court’s determination that he was delinquent due to his alleged receipt of stolen goods, as well as the court’s sentence thereon. Having reviewed the record, we agree […]

338 S.E.2d 702 EUROPEAN BAKERS, LTD. v. HOLMAN et al. 70225.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1985. REHEARING DENIED DECEMBER 4, 1985. BENHAM, Judge. Appellees Holman and Atlanta Insurance Associates Agency, Inc., d/b/a Holman de Varennes Company, are an insurance agent and agency representing several insurance companies. Appellant is a former client of […]

27 S.E.2d 412 LUMPKIN v. AMERICAN SURETY COMPANY. 30106.Court of Appeals of Georgia. DECIDED SEPTEMBER 29, 1943. The court did not err in directing the verdict for the plaintiff in the amount sued for, except as to the item of $90. DECIDED SEPTEMBER 29, 1943. Page 888 Complaint on bond; from Floyd superior court — […]

154 S.E.2d 411 GULF AMERICAN FIRE CASUALTY COMPANY v. McNEAL; and vice versa. GULF AMERICAN FIRE CASUALTY COMPANY v. McNEAL, by Next Friend; and vice versa. 42417, 42418, 42419, 42420.Court of Appeals of Georgia.ARGUED NOVEMBER 9, 1966. DECIDED FEBRUARY 24, 1967. 1. Plaintiffs’ petitions stated causes of action for a declaratory judgment. 2. Issuance of […]

158 S.E.2d 315 POLK COUNTY v. ANDERSON. 43148.Court of Appeals of Georgia.SUBMITTED OCTOBER 3, 1967. DECIDED OCTOBER 24, 1967. HALL, Judge. On this appeal by the defendant county from a judgment for the plaintiff rendered upon an agreed stipulation of facts, the defendant enumerates as error antecedent rulings by the court on its demurrers to […]

310 S.E.2d 569 WARREN v. COX. 66906.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1983. DEEN, Presiding Judge. Bruce Wheeler Warren brought an action for damages against Anthony Cox following an automobile accident. The jury returned a verdict in favor of the defendant and Warren appeals, contending that the trial court erred in charging contributory […]

665 S.E.2d 918 REECE v. SMITH; and vice versa. Nos. A08A1217, A08A1218.Court of Appeals of Georgia. DECIDED JULY 23, 2008. ELLINGTON, Judge. This case is the latest in a series of appeals resulting from years of litigation between Gerry Smith and George Reece, who own adjacent parcels of property in Rabun County.[1] The trial court […]

78 S.E.2d 539 COLLIER et al. v. JOHNSON et al. 34884.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1953. CARLISLE, J. 1. While, under the provisions of Code (Ann. Supp.) § 74-403 (Ga. L. 1941, p. 301), no child may be adopted in this State without the written consent of its living parents, such consent […]

270 S.E.2d 396 RUTLEDGE v. THE STATE. 60049.Court of Appeals of Georgia.SUBMITTED JUNE 2, 1980. DECIDED JULY 10, 1980. DEEN, Chief Judge. The defendant appeals his conviction of aggravated assault, based primarily on the testimony of the two victims, one of whom he attempted to throw from his automobile apparently in order to kidnap the […]

288 S.E.2d 609 WEAVER v. THE STATE. 63042.Court of Appeals of Georgia. DECIDED JANUARY 12, 1982. McMURRAY, Presiding Judge. Defendant was convicted of the offenses of nine counts of burglary and one count of criminal attempt to commit burglary. After the appeal was filed in this court defendant’s appointed counsel filed permission to withdraw from […]