Category: Georgia Court of Appeals Opinions

330 S.E.2d 397 MOORE v. THE STATE. 69785.Court of Appeals of Georgia. DECIDED APRIL 2, 1985. SOGNIER, Judge. Appellant was convicted of armed robbery and enumerates 14 errors on appeal. Twelve of the 14 enumerations relate to matters raised in an oral motion to dismiss the charge made by appellant pro se. The record fails […]

458 S.E.2d 165 MOSELY v. THE STATE. A95A0658.Court of Appeals of Georgia. DECIDED MAY 31, 1995. SMITH, Judge. Shawn Mosely was indicted for selling cocaine in violation of the Georgia Controlled Substances Act. OCGA § 16-13-30 (b). He was found guilty by a jury, his motion for new trial was denied, and he appeals. 1. […]

443 S.E.2d 693 JONES v. SAULS. A94A0889.Court of Appeals of Georgia. DECIDED APRIL 22, 1994. BIRDSONG, Presiding Judge. Denny Thomas Jones has filed a direct appeal of the order of the superior court denying his petition of adoption. Appellant is married to Vanessa Lynn Jones, the biological and legal mother of the child whom appellant […]

435 S.E.2d 736 MILLS v. THE STATE. A93A1667.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1993. BLACKBURN, Judge. The appellant, Jesse Mills, was convicted of burglary and sentenced to 20 years’ imprisonment. His sole contention on appeal is that the trial court erred in admitting into evidence an inculpatory statement he made following his arrest. […]

559 S.E.2d 152 WALLACE v. THE STATE. A01A1742.Court of Appeals of Georgia. DECIDED: JANUARY 23, 2002. MILLER, Judge. Jamaine Wallace pled guilty to several charges, including burglary, aggravated assault, and false imprisonment. Eighteen months later, Wallace filed a motion for out-of-time appeal, which motion the trial court denied. On appeal Wallace challenges the denial of […]

662 S.E.2d 248 BELL v. THE STATE. No. A08A0548.Court of Appeals of Georgia. DECIDED MAY 7, 2008. RUFFIN, Presiding Judge. Following a jury trial, Michael Bell was convicted of driving under the influence to the degree it was less safe for him to drive (“DUI less safe”), driving with a suspended or revoked license, and […]

95 S.E.2d 293 GLEASON v. RHODES CENTER PHARMACY, INC., et al. 36357.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1956. REHEARING DENIED OCTOBER 4, 1956. 1. There being no evidence which showed negligence on the part of the plaintiff which could have contributed to her injuries, the trial court erred in charging on the subject […]

322 S.E.2d 365 AUGUSTA COCA-COLA BOTTLING COMPANY et al. v. CARTER. 69068.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1984. BANKE, Presiding Judge. Following his termination from light-duty work assigned to him after a disabling, on-the-job injury, the claimant in this worker’s compensation case was awarded continuing benefits for temporary partial disability pursuant to OCGA […]

307 S.E.2d 735 JONES v. THE STATE. 66581.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1983. POPE, Judge. On August 4, 1982 William Steve Jones was found guilty by a jury of driving without a license, leaving the scene of an accident and vehicular homicide. He now brings this appeal. The evidence at trial showed […]

230 S.E.2d 94 WILLIAMS v. THE STATE. 52844.Court of Appeals of Georgia.SUBMITTED OCTOBER 12, 1976. DECIDED OCTOBER 21, 1976. MARSHALL, Judge. Appellant Williams was tried and convicted at a bench trial upon an accusation for theft by taking of property of a value of less than $100, a misdemeanor offense. He was sentenced to serve […]

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 […]

234 S.E.2d 172 WYCO, INC. v. BOSCE DIE CASTING COMPANY, INC. et al. 53642.Court of Appeals of Georgia.SUBMITTED MARCH 3, 1977. DECIDED MARCH 16, 1977. WEBB, Judge. This is an appeal from a grant of summary judgment to defendants on the grounds as asserted in the motion that they were not subject to the jurisdiction […]

376 S.E.2d 403 MONTGOMERY et al. v. CITY OF SYLVANIA. 77514.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 1988. REHEARING DENIED DECEMBER 5, 1988. BIRDSONG, Chief Judge. Condemnation. Faye and R. A. Montgomery appeal from the grant of summary judgment to the City of Sylvania. The Montgomerys are the owners of lot 16 in the […]

712 S.E.2d 569 CRIDDLE v. THE STATE. Court of Appeals of Georgia. No. A11A0044. DECIDED JUNE 16, 2011. BARNES, Presiding Judge. William Gerald Criddle appeals his conviction of driving under the influence (DUI), arguing that the trial court erred in denying his motion to suppress because he was arrested outside the jurisdiction of the arresting […]

143 S.E.2d 438 ROGERS v. COLUMBUS BANK TRUST COMPANY et al. 41244.Court of Appeals of Georgia.SUBMITTED APRIL 7, 1965. DECIDED JUNE 8, 1965. FRANKUM, Judge. 1. A petition which alleges facts showing the existence of a duty owing to the plaintiff by the defendants, a violation of that duty by the defendants, and injury and […]

487 S.E.2d 533 LEWIS v. THE STATE. A97A0240.Court of Appeals of Georgia. DECIDED MAY 2, 1997. ANDREWS, Chief Judge. Appellant Ernest Earle Lewis has filed an “Appeal of Defendant” from his conviction of simple battery. As noted by the State in its motion to dismiss, however, no separate enumeration of errors was filed as required […]

331 S.E.2d 77 PALMER v. THE STATE. 70330.Court of Appeals of Georgia. DECIDED MAY 7, 1985. BANKE, Chief Judge. The defendant was convicted of two counts of burglary, one count of rape, and one count of aggravated assault. In this appeal, he contends that the two burglary convictions must be set aside because they merged […]

552 S.E.2d 92 MCDONALD WINDWARD PARTNERS, L.P. v. WENZHOLD, L.P. BA-004 A01A0073.Court of Appeals of Georgia. DECIDED: JULY 2, 2001 BARNES, Judge. McDonald Windward Partners, L.P., (“Developer”) appeals from the trial court’s grant of summary judgment to Wenzhold, L.P., (“defendant”) in a suit filed by Developer and McDonald Investments, Ltd., (“Broker”) in connection with a […]

172 S.E.2d 624 ARGONAUT INSURANCE COMPANY et al. v. ALMON et al. 44734.Court of Appeals of Georgia.ARGUED SEPTEMBER 3, 1969. DECIDED SEPTEMBER 25, 1969. REHEARING DENIED DECEMBER 19, 1969. BELL, Chief Judge. This is an appeal from an award in favor of claimants by a single director of the Board of Workmen’s Compensation against the […]

80 S.E.2d 495 NORTH AMERICAN LOAN THRIFT CO. No. 2. v. BUREL et al. 35033.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1954. The trover petition in this bail-trover proceeding sufficiently described, by means of a bill of sale to secure debt attached to said petition as an exhibit, the property sued for, and the […]

313 S.E.2d 727 BACON v. DECATUR FEDERAL SAVINGS LOAN ASSOCIATION et al. 67346.Court of Appeals of Georgia. DECIDED JANUARY 4, 1984. REHEARING DENIED JANUARY 19, 1984. BIRDSONG, Judge. Decatur Federal Savings Loan Association, as successor to American Fidelity Savings Loan Association of Albany, brought suit for default of payments on six promissory notes executed by […]

149 S.E.2d 182 STATE HIGHWAY DEPARTMENT v. EDMUNDS. 41912.Court of Appeals of Georgia.ARGUED APRIL 5, 1966. DECIDED APRIL 12, 1966. REHEARING DENIED APRIL 29, 1966. 1. Where a motion for mistrial is made and in overruling such motion the trial court instructs the jury to disregard the alleged prejudicial statements, etc., on which the motion […]

399 S.E.2d 479 F. S. ASSOCIATES, LTD. v. McMICHAEL’S CONSTRUCTION COMPANY, INC.; and vice versa. A90A1056, A90A1057.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1990. REHEARING DENIED NOVEMBER 26, 1990. POPE, Judge. This case involves a contractor’s attempt to enforce a materialman’s lien against an owner/developer for improvements made on behalf of the owner’s tenant. […]

547 S.E.2d 774 MATHESON v. THE STATE. A01A0241.Court of Appeals of Georgia. DECIDED: APRIL 12, 2001 JOHNSON, Presiding Judge. The trial court, sitting without a jury, found Tanina Matheson guilty of driving under the influence of alcohol to the extent it was less safe to drive and failing to maintain her vehicle within a single […]

83 S.E.2d 855 FOLSOM v. SUMMER, LOCATELL CO., INC. 35253.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1954. 1. The law does not prohibit corporation from using the title “architect.” 2. The contract sued on is not too vague and indefinite to be enforceable; therefore the court did not err in overruling the demurrers to […]

306 S.E.2d 750 EVANS CABINET CORPORATION v. “AUTOMATIC” SPRINKLER CORPORATION OF AMERICA. 65887.Court of Appeals of Georgia. DECIDED JULY 15, 1983. CARLEY, Judge. Appellant-plaintiff is the lessee of space in a warehouse which contains six separate rental compartments. The warehouse contains a sprinkler system which is designed to be activated by a fire. Specifically, heat […]

657 S.E.2d 337 IN THE INTEREST OF J. M., a child. No. A07A2485.Court of Appeals of Georgia. DECIDED JANUARY 31, 2008. BERNES, Judge. The biological father of the minor female J. M. appeals the juvenile court’s order denying his petition to legitimate the child and Page 440 terminating his parental rights.[1] Appellant contends that there […]

254 S.E.2d 877 McCULLEY v. DUNSON et al. 57015.Court of Appeals of Georgia.ARGUED JANUARY 8, 1979. DECIDED APRIL 4, 1979. SHULMAN, Judge. The appellant, plaintiff below, brought suit against appellees Dunson and Beacon Electronics, Inc., and Gordon Denny (who is not a party to this appeal), alleging that she had been fraudulently “flim-flammed.” Defendant Denny […]

578 S.E.2d 562 JONES v. THE STATE. A02A2334.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 2003 SMITH, Chief Judge. Hameed Adil Jones was convicted on charges of cocaine possession and improper lane change. On appeal, he argues that the trial court erred in denying his motion to suppress. Because the trial court was authorized to […]

257 S.E.2d 5 ALLEN v. THE STATE. 57522.Court of Appeals of Georgia.SUBMITTED APRIL 4, 1979. DECIDED MAY 3, 1979. REHEARING DENIED MAY 29, 1979. QUILLIAN, Presiding Judge. The defendant appeals her conviction for making an improper turn at an intersection in violation of Code Ann. § 68A-604 (Ga. L. 1974, pp. 633, 664). Held: 1. […]

615 S.E.2d 818 GREEN v. THE STATE. A05A0078.Court of Appeals of Georgia. DECIDED JUNE 15, 2005. BARNES, Judge. Following his arrest, Hector Green was indicted for two counts of trafficking in cocaine, three counts of violating the Georgia Controlled Substances Act (VGCSA), and four counts of using a communication facility to commit or facilitate a […]

340 S.E.2d 27 ADAMS et al. v. HILL. 71508.Court of Appeals of Georgia. DECIDED JANUARY 13, 1986. BIRDSONG, Presiding Judge. Adams was defendant in this suit on a note. The plaintiff moved for summary judgment. Two days before the scheduled hearing, Adams’ attorney filed a motion for continuance, averring that “because of current problems with […]

487 S.E.2d 32 STYLE CRAFT HOMES, INC. et al. v. CHAPMAN et al. A97A1032.Court of Appeals of Georgia. DECIDED MAY 6, 1997 — RECONSIDERATION DENIED JUNE 3, 1997. ELDRIDGE, Judge. Appellant Style Craft Homes, Inc. (“Style Craft”), a general contractor, sued George W. Chapman and Lessie M. Chapman, appellees, as the home buyers of a […]

184 S.E.2d 502 STONE v. HALL. 46525.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1971. DECIDED SEPTEMBER 17, 1971. REHEARING DENIED OCTOBER 7, 1971. PANNELL, Judge. In this case the plaintiff appellant brought an action in bail trover against the defendant appellee in the Civil Court of Fulton County on April 8, 1971. The defendant filed […]

443 S.E.2d 863 BRADLEY v. BRADLEY et al. A94A0001.Court of Appeals of Georgia. DECIDED APRIL 11, 1994. RECONSIDERATION DENIED APRIL 29, 1994. POPE, Chief Judge. The sole issue on appeal is what effect, if any, the slayer statute, OCGA § 53-4-6, should have on a bequest to the slayer under a valid will when the […]

186 S.E.2d 350 HILBURN v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY. 46704.Court of Appeals of Georgia.ARGUED NOVEMBER 1, 1971. DECIDED NOVEMBER 16, 1971. DEEN, Judge. The petition of the plaintiff administrator alleged that at the time of the wreck Hill was insured by the defendant with a policy covering the vehicle involved, which policy had […]

642 S.E.2d 869 ELLIS v. THE STATE. No. A06A1787.Court of Appeals of Georgia. DECIDED MARCH 1, 2007. BERNES, Judge. Following a jury trial, Theron Howard Ellis appeals from his convictions on two misdemeanor counts of contributing to the deprivation of a minor. He argues that the evidence was insufficient to Page 809 sustain his convictions […]

693 S.E.2d 118 TAYLOR v. THE STATE. No. A09A1842.Court of Appeals of Georgia. March 24, 2010. BARNES, Judge. Following the denial of his motion for new trial, Ernest Taylor appeals his convictions for possession of cocaine, manufacturing cocaine, keeping a dwelling for distribution of cocaine, two counts of possession of a firearm by a convicted […]

603 S.E.2d 536 COLVIN v. CITY OF THOMASVILLE et al. A04A1346.Court of Appeals of Georgia. DECIDED AUGUST 18, 2004. JOHNSON, Presiding Judge. Henry Jesse David Colvin sued the City of Thomasville, the City Council of the City of Thomasville, and Thomasville city police officers Lon Tryzeciak and Steven Wood (collectively the “City of Thomasville”) pertaining […]

554 S.E.2d 553 MOTEN v. THE STATE. A01A0850.Court of Appeals of Georgia. DECIDED: AUGUST 28, 2001. SMITH, Presiding Judge. Julius Lamar Moten was convicted by a jury of the offense of armed robbery. His motion for new trial as amended was denied, and he appeals. None of Moten’s contentions warrants reversal. 1. We find no […]

227 S.E.2d 825 POPHAM v. THE STATE. 52172.Court of Appeals of Georgia.ARGUED MAY 3, 1976. DECIDED MAY 21, 1976. REHEARING DENIED JUNE 10, 1976. STOLZ, Judge. At all times pertinent, the defendant was the Chairman of the Board of Commissioners of Roads and Revenue of Ware County. He and others were indicted for theft by […]

148 S.E.2d 199 WOOLF v. THE STATE. 41874.Court of Appeals of Georgia.ARGUED MARCH 8, 1966. DECIDED MARCH 16, 1966. REHEARING DENIED MARCH 31, 1966. NICHOLS, Presiding Judge. Carl J. Woolf, Sr., was indicted and convicted of abandonment. Thereafter his motion for new trial based upon the usual general grounds only was overruled and by bill […]

646 S.E.2d 713 DORSEY v. THE STATE. No. A07A0364.Court of Appeals of Georgia. DECIDED MAY 23, 2007. PHIPPS, Judge. A jury found Charlie Dorsey guilty of aggravated assault and possession of a firearm during the commission of a crime. Dorsey appeals, arguing that the trial court improperly admitted into evidence a videotape containing his statements […]

477 S.E.2d 364 HALL v. THE STATE. A96A2278.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1996 — CERT. APPLIED FOR. JOHNSON, Judge. After his motion to suppress was denied, Fred Hall was found guilty of possession of cocaine with intent to distribute. He appeals the denial of his motion to suppress. At the hearing on […]

22 S.E.2d 536 ORR v. THE STATE. 29647.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1942. The rulings in Wood v. State, 68 Ga. App. 43 (21 S.E.2d. 915), are controlling on the issues in the present case. The sentence here denominated in the orders of the judge as a suspended sentence was, in effect, […]

118 S.E.2d 220 STEERMAN v. SMITH et al. 38569.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1960. In an action at law, unless expressly provided, there is no provision of law authorizing a defendant to make another a party defendant to the action. DECIDED DECEMBER 5, 1960. Complaint. Fulton Civil Court. Before Judge Camp. August […]

658 S.E.2d 240 BRADLEY et al. v. JPMORGAN CHASE BANK. No. A07A1631.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 2008. MILLER, Judge. JPMorgan Chase Bank (“JPMorgan”) filed a dispossessory warrant against William Bradley, Sandra Bradley, and Lawrence Bradley after a foreclosure sale of property located at 1285 Halter Lane in Lithonia (the “Property”). The Bradleys […]

31 S.E.2d 432 HOLCOMB v. THE STATE. 30587.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1944. GARDNER, J. The bill of exceptions and the record show that the judgment excepted to (the refusal to grant a new trial) was dated April 25, 1944, and that the bill of exceptions was tendered to the judge and […]

405 S.E.2d 319 KING et al. v. KING. A91A0681.Court of Appeals of Georgia. DECIDED APRIL 1, 1991. BEASLEY, Judge. Ralph King died testate, leaving his son, appellee Larry King, and his two daughters, appellants Brenda Joy Freeman and Glenda King, as the primary beneficiaries of his will. The testator’s real property, consisting of his home […]

366 S.E.2d 177 THOMAS v. THE STATE. 76027.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1988. REHEARING DENIED FEBRUARY 16, 1988. DEEN, Presiding Judge. A Valdosta, Georgia, police officer received a report of the robbery of a convenience store and proceeded to the area to investigate. As he drove down a street near the store, […]

317 S.E.2d 893 BULMER v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY. 67601.Court of Appeals of Georgia. DECIDED APRIL 6, 1984. QUILLIAN, Presiding Judge. Plaintiff-appellant Bulmer was an employee of South Central Bell in Louisiana and, apparently motivated by her husband’s transfer to Atlanta in his employment, communicated with defendant-appellee Southern Bell regarding an intercompany transfer to […]

590 S.E.2d 224 FEDERAL INS. CO. et al v. WESTSIDE SUPPLY CO. et al, and vice versa. A03A1380, A03A1381.Court of Appeals of Georgia. DECIDED: NOVEMBER 19, 2003 SMITH, Chief Judge. The complaint in this case arose out of a series of employee thefts from plaintiff Lincoln Electric Company, which does business as Harris Calorific and […]

150 S.E.2d 373 COLLINS v. S. H. KRESS COMPANY. 41951.Court of Appeals of Georgia.ARGUED APRIL 6, 1966. DECIDED JUNE 17, 1966. ADHERED TO ON MOTION FOR REHEARING JULY 22, 1966. FRANKUM, Judge. 1. The trial court did not err in excluding, as an admission of the defendant, evidence of an alleged statement made by some […]

536 S.E.2d 289 ABERNATHY v. THE STATE. A00A1312.Court of Appeals of Georgia. DECIDED: JUNE 23, 2000. PHIPPS, Judge. Following the denial of his motion for new trial, Robert Abernathy appeals his conviction of child molestation of his daughter. He complains that he was denied the right to interview the child before trial. He also contends […]

421 S.E.2d 306 KEPPLER et al. v. BRUNSON. TUCKER v. BRUNSON. A92A0626. A92A0627.Court of Appeals of Georgia. DECIDED JUNE 25, 1992. RECONSIDERATION DENIED JULY 15, 1992. BIRDSONG, Presiding Judge. Appellants, Robert P. Tucker, Jr., M.D., John P. Keppler, M.D., James W. Blevins, M.D., and Georgia Alcohol Drug Associates, were granted interlocutory appeals after the trial […]

396 S.E.2d 245 MADDEN v. SOLOMON et al. A90A0530.Court of Appeals of Georgia. DECIDED JUNE 8, 1990. REHEARING DENIED JULY 25, 1990. COOPER, Judge. Appellees (“Mr. and Mrs. Solomon”) brought an action to recover for damages incurred as a result of a collision between an automobile driven by Mrs. Solomon and an automobile driven by […]

309 S.E.2d 680 BENTON v. GWINNETT COUNTY BOARD OF EDUCATION. 67106.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1983. QUILLIAN, Presiding Judge. Appellant was a high school student who, after a hearing, was disciplined for violation of a school no smoking rule by suspension from attendance for one quarter by appellee school board. The suspension […]

201 S.E.2d 649 ADAMS v. THE STATE. 48595.Court of Appeals of Georgia.ARGUED SEPTEMBER 17, 1973. DECIDED OCTOBER 5, 1973. HALL, Presiding Judge. Faye Allyson Adams appeals her conviction and one-year prison sentence for burglary entered May 17, 1973 on the ground that the state failed to comply with her demand for trial under Code § […]

158 S.E.2d 483 SELIGMAN LATZ OF ATLANTA, INC. v. GRANT. 42989.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1967. DECIDED OCTOBER 24, 1967. JORDAN, Presiding Judge. This is an action for false imprisonment, based on the alleged wrongful detention of the plaintiff, Mrs. Margaret L. Grant, a customer of the defendant. The defendant, Seligman Latz of […]

223 S.E.2d 23 HERRELL v. BIDDY et al. 51188.Court of Appeals of Georgia.ARGUED OCTOBER 8, 1975. DECIDED DECEMBER 5, 1975. PANNELL, Presiding Judge. The appeal of this case is from a judgment based on a directed verdict for the appellee. A transcript of the evidence is essential to a determination of the merits of appellant’s […]

627 S.E.2d 116 JOHNSON v. THE STATE. WRIGHT v. THE STATE. CHAMBERS v. THE STATE. A05A1957, A05A1958, A05A1959.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 2006. BERNES, Judge. Sidney L. Johnson, Jr., Geodonald Wright, and Willie Chambers were jointly indicted and convicted of one count of armed robbery (Count 1), four counts of kidnapping (Counts […]

541 S.E.2d 103 MITCHELL et al. v. JONES. REISSIGER et al. v. JONES. A00A1435, A00A1422.Court of Appeals of Georgia. DECIDED: OCTOBER 24, 2000 JOHNSON, Chief Judge. In these cases we are asked to determine if the four-year statute of limitation in damage to realty actions[1] or the six-year statute of limitation in breach of written […]

595 S.E.2d 370 IN THE INTEREST OF S.L.B., A CHILD. A03A2514Court of Appeals of Georgia. DECIDED: FEBRUARY 18, 2004 MIKELL, Judge. Appellant mother appeals the termination of her parental rights to S.L.B. She argues that the juvenile court erred in finding clear and convincing evidence that her parental rights have been lost. We affirm. In […]

450 S.E.2d 318 RANDOLPH COUNTY HOSPITAL AUTHORITY v. JOHNSON. A94A1232.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1994. RUFFIN, Judge. This appeal arises from the denial of Randolph County Hospital Authority’s (“hospital authority”) motion for summary judgment based on sovereign immunity in a wrongful death action. The trial court held that Art. I, Sec. II, […]

470 S.E.2d 495 ELLIS v. THE STATE A96A0629Court of Appeals of Georgia. DECIDED APRIL 3, 1996 ANDREWS, Judge. Charles Harvey Ellis challenges certain conditions imposed by the trial court on the probated portion of his sentence for the offense of child molestation. 1. In sentencing Ellis to probation, the trial court had broad discretion to […]

478 S.E.2d 636 POPE ET AL. v. GOODGAME. A96A0885.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1996. ANDREWS, Judge. Shirley Pope and James Gillis, children of Nancy Gillis and administrators of her estate, appeal from the judgment entered on the jury’s verdict in favor of defendant James Goodgame, a radiation physicist.[1] We affirm. 1. Construing […]

56 S.E.2d 628 WALKER et al. v. SHEEHAN et al.; and vice versa. 32603, 32617.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1949. REHEARING DENIED DECEMBER 13, 1949. 1. The petition originally filed contained enough to amend by, and the trial court did not abuse its discretion in permitting the plaintiff to amend in the […]

96 S.E.2d 627 HAYES v. DICKS. 36484.Court of Appeals of Georgia. DECIDED JANUARY 24, 1957. QUILLIAN, J. Where, as in this case, the evidence was conflicting and a verdict was not demanded, this court will not disturb the first grant of a new trial. This is true even though the trial judge may have based […]

658 S.E.2d 796 THOMAS v. THE STATE. No. A07A2080.Court of Appeals of Georgia. DECIDED MARCH 4, 2008. JOHNSON, Presiding Judge. A jury found Darryl Thomas guilty of armed robbery and kidnapping with bodily injury, and not guilty of aggravated assault with intent to rape. The trial court directed a verdict of acquittal on a burglary […]

537 S.E.2d 159 ROBINSON et al. v. WILLIAMSON et al., and vice versa. SM-011, 012 A00A0250, A00A0251.Court of Appeals of Georgia. DECIDED: JULY 11, 2000 SMITH, Presiding Judge. On February 3, 1997, Hildred Robinson, as legal guardian of Geneva Masdon, an incompetent adult, filed this action against Revco Discount Drug Centers, Inc. and J. Carl […]

215 S.E.2d 23 TAYLOR v. STAPP. 49981.Court of Appeals of Georgia.ARGUED JANUARY 6, 1975. DECIDED APRIL 7, 1975. BELL, Chief Judge. Plaintiff sued the defendant for personal injuries caused by an alleged assault. Defendant did not answer within the time required by law. The trial court thereafter ordered the plaintiff to submit to the taking […]

145 S.E.2d 50 NATIONWIDE MUTUAL INSURANCE COMPANY v. PEEK et al. 41317.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1965. Where an insurer denies coverage under a particular policy and seeks to relieve itself of its obligation to defend a pending suit against an insured because of circumstances pleaded which cast doubt on the coverage […]

395 S.E.2d 79 PLEASANT et al. v. LUTHER. A90A0511.Court of Appeals of Georgia. DECIDED JUNE 12, 1990. POPE, Judge. Plaintiff/appellee Carol Luther brought suit against defendants/appellants Dorothy and James Pleasant seeking, inter alia, recovery of damages for diminution in value of property she leased from defendants allegedly resulting from defendants’ failure to make necessary repairs. […]

307 S.E.2d 538 KIRBY et al. v. SPIVEY. 66265.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1983. CARLEY, Judge. Appellants, in their individual capacities “as next of kin and only heirs of Ed Echols, Deceased,” instituted the instant wrongful death action against appellee-Dr. Spivey and the nursing home in which Mr. Echols resided until a […]

125 S.E.2d 89 BLAIRSVILLE HARDWARE SUPPLY COMPANY, INC. v. OXFORD, Commissioner. 39306.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1962. REHEARING DENIED MARCH 8, 1962. Under Section 19 of the Georgia Sales and Use Tax Act, an affidavit of illegality is a proper remedy by which the taxpayer may contest the assessment and collection of […]

125 S.E.2d 687 BURNS v. GREAT ATLANTIC PACIFIC TEA COMPANY, INC. 39301.Court of Appeals of Georgia. DECIDED APRIL 6, 1962. REHEARING DENIED APRIL 26, 1962. 1. A technical and procedural objection to the ground of a motion for summary judgment must be raised in the trial court prior to the hearing on the motion before […]

568 S.E.2d 88 WOLFF v. MIDDLEBROOKS. A02A0812.Court of Appeals of Georgia. DECIDED: JUNE 18, 2002. MILLER, Judge. Todd Wolff appeals from a general jury verdict against him on Anthony Middlebrooks’s claims for slander per se and intentional infliction of emotional distress, and a verdict against him for punitive damages. On appeal Wolff contends that the […]

242 S.E.2d 315 POWELL v. FIRST NATIONAL BANK OF COLUMBUS et al.; and vice versa. 54580, 54582.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1977. DECIDED FEBRUARY 24, 1978. SMITH, Judge. Powell appeals from the court’s entry of judgment against him on appellees’ counterclaim. Appellees, the executors of Davidson’s estate, cross appeal from the court’s rendering […]

263 S.E.2d 680 BETTIS v. CITY OF ATLANTA. 58399.Court of Appeals of Georgia.ARGUED SEPTEMBER 25, 1979. DECIDED NOVEMBER 15, 1979. REHEARING DENIED DECEMBER 5, 1979. McMURRAY, Presiding Judge. An employee of the City of Atlanta was dismissed for “lack of proper interest in … [his] … work and creating a disturbance.” He appealed the dismissal […]

49 S.E.2d 907 GETZINGER v. LARISCY, guardian ad litem. 32164.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1948. From the facts and circumstances disclosed by the evidence in this case, it was within the province of a jury to say whether or not the defendant was negligent in the operation of the automobile that struck […]

213 S.E.2d 536 COMMERCIAL CREDIT EQUIPMENT CORPORATION v. SOUTHEASTERN UNI-LOADER, INC. et al. 50264.Court of Appeals of Georgia.ARGUED FEBRUARY 11, 1975. DECIDED MARCH 4, 1975. EVANS, Judge. Southeastern Uni-Loader, Inc. sold certain equipment to Roy Calvin Reeves, taking his note therefor. Southeastern then took Reeves’ note to Commercial Credit Equipment Corp. for the purpose of […]

360 S.E.2d 289 McKINNEY COMPANY, INC. v. LAWSON. 72758.Court of Appeals of Georgia. DECIDED JULY 15, 1987. McMURRAY, Presiding Judge. Our judgment in McKinney Co., Inc. v. Lawson, 180 Ga. App. 550 (349 S.E.2d 763), has been reversed by the Supreme Court of Georgia on certiorari. McKinney Co., Inc. v. Lawson, 257 Ga. 222 Page […]

579 S.E.2d 858 BLOODWORTH et al. v. BLOODWORTH et al. A03A0212.Court of Appeals of Georgia. Decided March 20, 2003 BLACKBURN, Presiding Judge. James R. “Jerome” Bloodworth and Claud Hughes sued their siblings, Henry Bloodworth and Eva Roy Bloodworth Etheredge, in their capacity as the co-executors of their mother’s estate for breach of fiduciary duty and […]

501 S.E.2d 836 DAVIS v. THE STATE. A98A0527.Court of Appeals of Georgia. DECIDED APRIL 17, 1998. McMURRAY, Presiding Judge. Defendant was tried before a jury and convicted of two counts of violating Georgia’s Controlled Substances Act by possessing Lorazepam and possessing marijuana. Defendant was also convicted of driving under the influence of alcohol and driving […]

350 S.E.2d 286 DeKALB COUNTY TEACHERS FEDERAL CREDIT UNION v. CITIZENS SOUTHERN NATIONAL BANK; and vice versa. 72698, 72806.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1986. CARLEY, Judge. Appellee-cross appellant Citizens and Southern National Bank (CS) brought suit, alleging that a vehicle in which it held a perfected security interest had been converted by […]

581 S.E.2d 357 GARRISON v. THE STATE. A03A0011.Court of Appeals of Georgia. Decided April 9, 2003. MIKELL, Judge. Byron A. Garrison was convicted of two counts of selling cocaine and was sentenced as a recidivist to a total of 30 years. He appeals from the denial of his motion for new trial, arguing that the […]

618 S.E.2d 87 MITCHELL v. BACKUS CADILLAC-PONTIAC, INC.; and vice versa. A05A0326, A05A0327.Court of Appeals of Georgia. DECIDED JULY 12, 2005. MIKELL, Judge. In Case No. A05A0326, Willie Mitchell appeals from the grant of a directed verdict to Backus Cadillac-Pontiac, Inc. (“Backus”), in his suit for rescission, breach of warranty, fraud, and other causes of […]

87 S.E.2d 434 KING v. THE STATE. 35595.Court of Appeals of Georgia. DECIDED APRIL 8, 1955. The court did not err in denying the motion for a new trial for any of the reasons assigned, either on the general grounds or the special grounds. DECIDED APRIL 8, 1955. Voluntary manslaughter. Before Judge Hicks. Haralson Superior […]

232 S.E.2d 601 COLODNY et al. v. DOMINION MORTGAGE REALTY TRUST. 53161.Court of Appeals of Georgia.SUBMITTED JANUARY 5, 1977. DECIDED JANUARY 11, 1977. REHEARING DENIED JANUARY 28, 1977. WEBB, Judge. Three parties obligated themselves by a guaranty agreement to pay a note, and they want to get out of it.[1] On July 21, 1972, Delta […]

163 S.E.2d 755 COLLINS v. SOUTHSIDE LUMBER COMPANY, INC. 43551.Court of Appeals of Georgia.ARGUED APRIL 2, 1968. DECIDED SEPTEMBER 11, 1968. BELL, Presiding Judge. In this suit on account the Civil Court of Fulton County rendered a final judgment by default against appellant on June 6, 1967. On September 5, 1967, appellant filed in the […]

344 S.E.2d 725 CASTON v. THE STATE. 72210.Court of Appeals of Georgia. DECIDED APRIL 15, 1986. BIRDSONG, Presiding Judge. Derrick E. Caston was convicted of theft of an auto and sentenced to serve 20 years. He brings this appeal enumerating two errors. Held: 1. In the first enumeration of error, Caston complains the trial court […]

137 S.E.2d 49 BLAKE v. THE STATE. 40665.Court of Appeals of Georgia. DECIDED APRIL 15, 1964. REHEARING DENIED APRIL 29, 1964. 1. In Georgia the preliminary commitment hearing is not inherently a critical stage of criminal proceedings. The failure to make counsel available to the defendant at a preliminary commitment hearing, where the defendant entered […]

450 S.E.2d 708 LAKES et al. v. MARRIOTT CORPORATION et al. (two cases). A93A1385, A93A1386.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1994. McMURRAY, Presiding Judge. Our prior judgments in these cases, Lakes v. Marriott Corp., 210 Ga. App. 335 (436 S.E.2d 36), having been reversed by the Supreme Court of Georgia in Lakes v. […]

228 S.E.2d 186 RASBERRY v. THE STATE. 52235.Court of Appeals of Georgia.ARGUED JUNE 7, 1976. DECIDED JULY 1, 1976. STOLZ, Judge. This is a pro se appeal from defendant’s conviction of speeding and his sentence of a $25 fine or 30 days in jail. The errors alleged by the appellant all require review of a […]

313 S.E.2d 135 DAWSON et al. v. McCART et al. 67305.Court of Appeals of Georgia. DECIDED JANUARY 4, 1984. BANKE, Judge. Appellants filed suit against the appellees in the Superior Court of DeKalb County in May of 1982 to obtain injunctive relief and money damages based on the appellees’ alleged misconduct in withholding certain books […]

537 S.E.2d 776 FREEMAN v. THE STATE. A00A1275.Court of Appeals of Georgia. DECIDED: JULY 27, 2000. SMITH, Presiding Judge. Kenneth Freeman was convicted by a jury on charges of aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. His motion for new trial […]