Category: Georgia Court of Appeals Opinions

416 S.E.2d 868 WEBER v. THE STATE. A92A0532.Court of Appeals of Georgia. DECIDED MARCH 12, 1992. McMURRAY, Presiding Judge. Defendant was charged, via a multi-count indictment, with two counts of robbery by sudden snatching and three counts of financial transaction card fraud. An attorney was appointed to represent defendant and, after a jury trial, defendant […]

420 S.E.2d 308 HAMBRICK v. THE STATE. A92A0671.Court of Appeals of Georgia. DECIDED MAY 29, 1992. RECONSIDERATION DENIED JUNE 26, 1992. BEASLEY, Judge. Hambrick appeals his judgment of conviction and sentence for armed robbery, OCGA § 16-8-41, and possession of a firearm by a convicted felon, OCGA § 16-11-131 (b), following the denial of his […]

178 S.E.2d 556 FLEMING v. THE STATE. 45694.Court of Appeals of Georgia.SUBMITTED OCTOBER 7, 1970. DECIDED OCTOBER 30, 1970. EVANS, Judge. No certificate for immediate review having been taken in this case within 10 days of the entry of the order here appealed from, the same being a denial of a motion to suppress evidence, […]

633 S.E.2d 426 MASON v. CHATEAU COMMUNITIES, INC. et al. No. A06A0108.Court of Appeals of Georgia. DECIDED JUNE 23, 2006. BARNES, Judge. Helen Marie Mason rented land in Smokecreek Community from Chateau Communities, Inc., upon which she lived in a mobile home that she owned. She sued Chateau for premises liability damages resulting from a […]

582 S.E.2d 478 D. G. JENKINS HOMES, INC. v. WOOD et al. A03A1120.Court of Appeals of Georgia. DECIDED: APRIL 29, 2003 Reconsideration Denied May 20, 2003. ELDRIDGE, Judge. Appellees-plaintiffs Fred Franklin Wood and Jacquelyn M. Wood brought this action for continuing trespass to realty, negligent design, negligent construction, OCGA § 13-6-11 attorney fees and punitive […]

462 S.E.2d 160 CONSOLIDATED AMERICAN INSURANCE COMPANY v. SPEARS et al. A95A0960.Court of Appeals of Georgia. DECIDED AUGUST 25, 1995. RECONSIDERATION DENIED SEPTEMBER 12, 1995. CERT. APPLIED FOR. SMITH, Judge. This is an appeal from an order on cross-motions for summary judgment in a declaratory judgment action. The Wests, dissatisfied purchasers of a home constructed […]

33 S.E.2d 571 ACCIDENT AND CASUALTY INSURANCE COMPANY et al. v. COOK, revenue commissioner. 30611.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1945. REHEARING DENIED MARCH 28, 1945. 1. The State can recover on a bond conditioned on the principal’s compliance with the law and regulations relating to the control of the sale of distilled […]

256 S.E.2d 126 BANK OF EARLY v. BROUN et al. 55885.Court of Appeals of Georgia. DECIDED MAY 3, 1979. SHULMAN, Judge. In light of the Supreme Court’s reversal of Division 1 of this court’s decision in Bank of Early v. Broun, 147 Ga. App. 271 (248 S.E.2d 512) (see Broun v. Bank of Early, 243 […]

529 S.E.2d 138 COBB CENTER PAWN AND JEWELRY BROKERS, INC. v. GORDON et al. A00A0421.Court of Appeals of Georgia. DECIDED: JANUARY 25, 2000. McMURRAY, Presiding Judge. The issue in this case is whether the pawnshop statute, O.C.G.A. § 44-12-130 et seq., relieves a pawnbroker of the necessity of recording a lien against a motor vehicle […]

422 S.E.2d 71 HARRELL v. THE STATE. A92A1024.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. POPE, Judge. Defendant Benjamin F. Harrell III was convicted of the offense of simple battery and appeals. 1. Defendant argues that the trial court erred in refusing to consider his defense of justification. The record shows that defendant was […]

228 S.E.2d 216 YOUNG v. CLIMATROL SOUTHEAST DISTRIBUTING CORPORATION. 51522.Court of Appeals of Georgia.ARGUED JANUARY 5, 1976. DECIDED JULY 9, 1976. PANNELL, Presiding Judge. Pursuant to the answer of the Supreme Court to a certified question from this court (Young v. Climatrol Southeast Distributing Corp., 237 Ga. 53), the dismissal, upon motion, of the appeal […]

374 S.E.2d 353 LANDERS et al. v. HERITAGE BANK; and vice versa. 76505, 76506.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1988. POPE, Judge. Nellie K. Landers and her husband Guy A. Landers opened a checking account in 1978 with Heritage Bank. Landers, who had retired after 22 years of active service with the U.S. […]

157 S.E.2d 327 GERRELL v. DAVIS CONSTRUCTION ENGINEERS, INC. 42990.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 5, 1967. DECIDED SEPTEMBER 15, 1967. EBERHARDT, Judge. 1. Where a grading contractor brought suit against another contractor seeking to recover a balance alleged to be due and for which “defendant obligated to pay plaintiff,” for services performed in the […]

404 S.E.2d 283 STONER et al. v. EDEN. A90A2072.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1991. REHEARING DENIED MARCH 13, 1991. BEASLEY, Judge. The trial of the suit of Isabel and John Stoner against Dr. Samuel Eden for medical malpractice, individually and in his corporate capacity, ended in a verdict in favor of Dr. […]

194 S.E.2d 119 HUCKABY v. THE STATE. 47309.Court of Appeals of Georgia.SUBMITTED JULY 6, 1972. DECIDED SEPTEMBER 5, 1972. REHEARING DENIED SEPTEMBER 25 AND OCTOBER 26, 1972. HALL, Presiding Judge. Defendant appeals from her conviction for obscene and harassing telephone calls. 1. Defendant contends she was deprived of the effective assistance of counsel when the […]

82 S.E.2d 882 EMERSON v. THE STATE. 35200.Court of Appeals of Georgia. DECIDED JULY 7, 1954. Where, in a close case, argument is advanced by the solicitor-general to the jury not based upon the evidence, the effect of which argument is so strongly prejudicial as not to be removed from the jury’s mind by other […]

291 S.E.2d 781 McLAIN v. HEARD. 64143.Court of Appeals of Georgia. DECIDED MAY 28, 1982. DEEN, Presiding Judge. Byron Heard gave appellant, McLain, a demand note in the amount of $5,288 at 0% interest on April 21, 1977. Heard died on September 11, 1978, without making any payments on the note. His widow, Rosalyn, was […]

405 S.E.2d 536 BROOKS v. FRICKE. A91A0218.Court of Appeals of Georgia. DECIDED APRIL 9, 1991. CARLEY, Judge. Appellant-plaintiff was injured when the motorcycle that he was riding was struck by an automobile that was being operated by appellee-defendant. As the result of this collision, suit was filed and the case was brought to trial before […]

431 S.E.2d 425 MIDDLEBROOKS v. THE STATE. A93A0345.Court of Appeals of Georgia. DECIDED MAY 10, 1993. POPE, Chief Judge. Anthony Middlebrooks appeals his convictions for armed robbery and aggravated assault and the denial of his motion for new trial. We affirm. 1. Defendant’s contention that the aggravated assault charge merged with the armed robbery charge […]

641 S.E.2d 255 RAWCLIFFE v. RAWCLIFFE. No. A06A1674.Court of Appeals of Georgia. DECIDED JANUARY 12, 2007. ELLINGTON, Judge. Ashley Rawcliffe civilly petitioned the Superior Court of Cobb County for a 12-month protective order under OCGA §16-5-94 to enjoin Ara Rawcliffe, her sister-in-law, from stalking her. On February 21, 2006, following an evidentiary hearing, the court […]

547 S.E.2d 792 WESTERN HERITAGE INSURANCE COMPANY v. NEWCASTLE AUTO SALES, INC. JE-025C A01A0499.Court of Appeals of Georgia. DECIDED: APRIL 17, 2001 ELLINGTON, Judge. Newcastle Auto Sales, Inc. sued Western Heritage Insurance Company for breach of contract after Western Heritage refused to pay benefits under an insurance policy. Western Heritage moved for summary judgment, arguing […]

270 S.E.2d 203 PRICE v. THE STATE. 59811.Court of Appeals of Georgia.ARGUED APRIL 10, 1980. DECIDED MAY 29, 1980. REHEARING DENIED JULY 8, 1980. SHULMAN, Judge. Defendant-Price appeals his conviction on 150 counts of conspiracy to unlawfully prescribe various controlled substances. For the reason set forth in Division 1, we reverse. 1. Defendant submits that […]

205 S.E.2d 24 DILLARD v. THE STATE. 49016.Court of Appeals of Georgia.SUBMITTED FEBRUARY 11, 1974. DECIDED FEBRUARY 19, 1974. STOLZ, Judge. The conviction of the offense of criminal attempt to commit burglary was authorized by evidence that the prosecutrix had a clear view of the defendant as he was breaking into her home; that she […]

623 S.E.2d 204 GIDDENS v. THE STATE. A05A1559.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 2005. RUFFIN, Chief Judge. Leonard Giddens shot and killed Winford McGatha during an altercation. At trial, Giddens admitted that he shot McGatha, but claimed that he did so in self-defense. The jury acquitted Giddens of Page 354 malice murder and […]

7 S.E.2d 915 GRANGER et al. v. NATIONAL CONVOY AND TRUCKING COMPANY et al. DEWEES v. THE SAME. 28065, 28066, 28067, 28068.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1940. REHEARING DENIED MARCH 22, 1940. The court erred in overruling the motions for new trial. DECIDED FEBRUARY 23, 1940. REHEARING DENIED MARCH 22, 1940. Actions […]

225 S.E.2d 507 BENNETT v. THE STATE. 51926.Court of Appeals of Georgia.SUBMITTED MARCH 2, 1976. DECIDED MARCH 11, 1976. WEBB, Judge. Grady Bennett, III, was convicted of burglary, and appeals from the denial of his motion for new trial. 1. The accused complains of the admission into evidence, over objection, of the state’s exhibit entitled […]

514 S.E.2d 80 ORIENTAL FARMERS FOOD CORP. v. AGENCY SERVICES, INC. A98A1987.Court of Appeals of Georgia. DECIDED: MARCH 17, 1999 McMURRAY, Presiding Judge. Plaintiff Oriental Farmers Food Corp. entered into a premium finance agreement with defendant Agency Services, Inc. for the purpose of financing premiums for an insurance policy which included workers’ compensation coverage for […]

284 S.E.2d 636 WATSON v. THE STATE. 61806.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1981. CARLEY, Judge. Appellant appeals from his conviction of burglary. 1. Appellant urges that his warrantless arrest was illegal and that his motion to suppress evidence seized as the result of his illegal arrest was erroneously denied. The relevant facts […]

387 S.E.2d 571 SMITH v. THE STATE. A89A1878.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1989. REHEARING DENIED OCTOBER 16, 1989. BANKE, Presiding Judge. Smith was convicted of one count of child molestation. He brings this appeal from the denial of his motion for new trial. The victim was the appellant’s then five-year-old step-daughter. On […]

707 S.E.2d 921 NORTHEAST ATLANTA BONDING COMPANY v. STATE OF GEORGIA. No. A10A2089.Court of Appeals of Georgia. DECIDED MARCH 18, 2011. BLACKWELL, Judge. Northeast Atlanta Bonding Company appeals from a final judgment of forfeiture on three appearance bonds for which it is the surety. When an appearance bond is forfeited because the principal has failed […]

431 S.E.2d 398 WADE v. THE STATE. A93A0223.Court of Appeals of Georgia. DECIDED APRIL 27, 1993. RECONSIDERATION DENIED MAY 25, 1993. JOHNSON, Judge. Anthony Deon Wade was convicted of criminal attempt to commit armed robbery, aggravated assault, and possession of a firearm during the commission of a crime in connection with an incident in the […]

646 S.E.2d 682 BBL-McCARTHY, LLC et al. v. BALDWIN PAVING COMPANY et al. No. A07A0723.Court of Appeals of Georgia. DECIDED APRIL 10, 2007. RECONSIDERATIONS DENIED MAY 23, 2007. BLACKBURN, Presiding Judge. In this indemnity and insurance coverage action, BBL-McCarthy, LLC (“BBL”) and St. Paul Mercury Insurance Company (“St. Paul”)[1] appeal the trial court’s dismissal of […]

181 S.E.2d 522 MACON-BIBB COUNTY HOSPITAL AUTHORITY v. APPLETON. 45616.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1970. DECIDED FEBRUARY 9, 1971. REHEARING DENIED MARCH 10, 1971. There being no evidence to support a jury determination of negligent conduct attributable to the defendant as the proximate cause of the plaintiff’s injury, the trial judge erred in […]

241 S.E.2d 842 HIATT v. THE STATE. 54684.Court of Appeals of Georgia.SUBMITTED OCTOBER 12, 1977. DECIDED JANUARY 23, 1978. QUILLIAN, Presiding Judge. This is an appeal from a denial of a motion for reduction of bond. Defendant, in a separate appeal, appealed his conviction of driving under the influence of intoxicants; endangering the safety of […]

277 S.E.2d 274 HAROLD COHN ASSOCIATES, INC. v. NIX et al. 60864.Court of Appeals of Georgia. DECIDED JANUARY 29, 1981. BIRDSONG, Judge. Denial of summary judgment — interlocutory appeal. The appellee Nix was sued by Worcester Telegram and Gazette for advertising costs. Nix answered denying any indebtedness and added as a defense that it was […]

205 S.E.2d 448 RONFRA DEVELOPMENT CORPORATION v. PENNINGTON et al. 49101.Court of Appeals of Georgia.ARGUED FEBRUARY 12, 1974. DECIDED FEBRUARY 19, 1974. REHEARING DENIED MARCH 7, 1974. The admitted open account obligation of the defendant to the plaintiff was not subject to the set off defenses urged against the creditor, nor could damages be recouped […]

253 S.E.2d 209 LIBERTY MUTUAL INSURANCE COMPANY et al. v. BRAY. 56822.Court of Appeals of Georgia.ARGUED NOVEMBER 6, 1978. DECIDED JANUARY 9, 1979. REHEARING DENIED FEBRUARY 2, 1979. QUILLIAN, Presiding Judge. This is an appeal from a judgment of the superior court which affirmed an award of the State Board of Workers’ Compensation. This claimant […]

464 S.E.2d 844 CROTTS ENTERPRISES, INC. v. JOHN PAYNE COMPANY, INC. A95A1533Court of Appeals of Georgia. DECIDED NOVEMBER 28, 1995. BEASLEY, Chief Judge. Crotts manages a variety of real estate properties, including the Montreal office park. Payne is a heating, ventilation, and air conditioning contractor which serviced HVAC systems at various Crotts sites and had […]

672 S.E.2d 456 COURSEY v. THE STATE. No. A08A1921.Court of Appeals of Georgia. DECIDED JANUARY 8, 2009. BARNES, Judge. Kenneth Coursey appeals his conviction for driving under the influence, challenging the validity of the roadblock where he was stopped. Coursey argues that the trial court erred in denying his motion to suppress because the roadblock […]

226 S.E.2d 161 BRANTON v. INDEPENDENT LIFE ACCIDENT INSURANCE COMPANY. 51108.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1975. DECIDED APRIL 16, 1976. EVANS, Judge. The Supreme Court has vacated our judgment of reversal, and has remanded the case to this court for further consideration of Division 4, and for clarification of said Division. Upon further […]

406 S.E.2d 512 TURNER v. THE STATE. A91A0616.Court of Appeals of Georgia. DECIDED MAY 31, 1991. BANKE, Presiding Judge. Turner appeals his convictions of armed robbery, kidnapping, possession of a firearm during the commission of a felony, and rape. Held: 1. The appellant contends that the trial court erred in allowing him to represent himself […]

402 S.E.2d 791 IN THE INTEREST OF B. A. H., a child. A91A0234.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1991. ANDREWS, Judge. A delinquency petition was filed in the Juvenile Court of Gwinnett County charging 16-year-old B. A. H. with five counts of burglary and five counts of theft by taking. The State sought […]

629 S.E.2d 543 DRUMMOND v. THE STATE. A06A0717.Court of Appeals of Georgia. DECIDED MARCH 31, 2006. MIKELL, Judge. A Fulton County jury found Daniel Drummond guilty of trafficking in cocaine, OCGA § 16-13-31. On appeal, Drummond claims that the trial court erred in (i) admitting similar transaction evidence and (ii) allowing the State to present […]

579 S.E.2d 782 RCG PROPERTIES, LLC v. CITY OF ATLANTA BOARD OF ZONING ADJUSTMENT et al. A02A1669.Court of Appeals of Georgia. Decided March 19, 2003 SMITH, Chief Judge. We granted the application of RCG Properties, LLC (RCG) for discretionary review after the trial court dismissed RCG’s appeal of a decision of the City of Atlanta […]

159 S.E.2d 483 MORGAN et al. v. CONSOLIDATED CREDIT CORPORATION. 43249.Court of Appeals of Georgia.SUBMITTED JANUARY 5, 1968. DECIDED JANUARY 11, 1968. PANNELL, Judge. Where in an action of trover in the superior court (in which it does not appear on the face of the petition or by exhibits attached thereto that the action is […]

163 S.E.2d 757 OLIVER v. CARTER. 43822.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 9, 1968. DECIDED SEPTEMBER 17, 1968. JORDAN, Presiding Judge. The statute (Ga. L. 1959, pp. 120, 121; Code Ann. § 68-803) establishing the venue of an action by a resident of this State against a nonresident motorist, by requiring that it “shall be […]

237 S.E.2d 471 MOORE et al. v. TRUST COMPANY BANK. 54095.Court of Appeals of Georgia.ARGUED MAY 24, 1977. DECIDED JULY 14, 1977. BELL, Chief Judge. The plaintiffs, depositors, sued the defendant bank for damages because of the claimed wrongful submission to a levy on plaintiffs’ account by the Internal Revenue Service for payment of federal […]

373 S.E.2d 838 MILLINES v. THE STATE. 77239.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1988. DEEN, Presiding Judge. Appellant Millines was charged with burglary, robbery, aggravated assault (two counts), and armed robbery (two counts) in connection with unauthorized entry into the home of an elderly couple, Page 656 who awoke at approximately 2:00 a. […]

644 S.E.2d 440 J. KINSON COOK OF GEORGIA, INC. v. HEERY/MITCHELL; and vice versa. Nos. A06A2295, A07A0096.Court of Appeals of Georgia. DECIDED MARCH 27, 2007. BERNES, Judge. J. Kinson Cook of Georgia, Inc. (“JKCI”) brought this lawsuit against Heery/Mitchell, a joint venture, and several other defendants seeking damages arising from a construction project. Heery filed […]

183 S.E.2d 4 REPUBLIC NATIONAL BANK OF DALLAS v. HODGSON. MINTZ v. HODGSON. 46069, 46070.Court of Appeals of Georgia.ARGUED MARCH 3, 1971. DECIDED MAY 19, 1971. REHEARING DENIED JUNE 8, 1971. The trial judge erred in granting the motions to suppress the deposition. ARGUED MARCH 3, 1971 — DECIDED MAY 19, 1971 — REHEARING DENIED […]

441 S.E.2d 411 IN THE INTEREST OF D. Q. H. et al., CHILDREN. No. A93A1961, A93A1962.Court of Appeals of Georgia. DECIDED JANUARY 25, 1994. RECONSIDERATION DENIED MARCH 4, 1994. McMURRAY, Presiding Judge. The State filed delinquency petitions against D. Q. H. and M. C. in the Juvenile Court of Hall County alleging they committed an […]

72 S.E.2d 548 MORTON v. THE STATE. 34240.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1952. TOWNSEND, J. 1. On an indictment charging the defendant with the possession of non-tax-paid whisky on January 19, 1952, evidence of a witness for the State that whisky was found in the home of the defendant, and the statement, […]

565 S.E.2d 889 MITCHELL v. STATE. A02A0758.Court of Appeals of Georgia. DECIDED: MAY 30, 2002. MIKELL, Judge. A jury convicted Harry Boothe Mitchell of the following offenses: two counts of homicide by vessel in the second degree, OCGA § 52-7-12.2 (b); four counts of violating the rules of the road for boat traffic, OCGA § […]

82 S.E.2d 253 NISSEN v. GOODYEAR TIRE RUBBER CO., INC. 35158.Court of Appeals of Georgia. DECIDED MAY 13, 1954. 1. The conversations complained of, between the agent of the defendant corporation and the mother of the plaintiff outside the presence of the plaintiff, were not objectionable as being hearsay, since they are admissible as original […]

620 S.E.2d 609 WOODS v. THE STATE. A05A1007.Court of Appeals of Georgia. DECIDED SEPTEMBER 1, 2005. MIKELL, Judge. Following a jury trial, Kevin Lee Woods was convicted of two counts each of entering an automobile (Counts 1 and 2) and theft by receiving stolen property (Counts 8 and 10), and three counts of theft by […]

523 S.E.2d 605 BOYKIN v. THE STATE. A99A1676.Court of Appeals of Georgia. DECIDED: OCTOBER 18, 1999. PHIPPS, Judge. Following the denial of her motion for new trial, Retha Boykin appeals her conviction of the burglary of a Macy’s department store. She raises three issues for us to decide. First, she charges her trial counsel with […]

234 S.E.2d 552 BROWN v. GULF INSURANCE COMPANY et al. 53587.Court of Appeals of Georgia.SUBMITTED MARCH 8, 1977. DECIDED MARCH 31, 1977. QUILLIAN, Presiding Judge. 1. This is an appeal from an order of the superior court reversing an award of the State Board of Workmen’s Compensation which held that the claimant was entitled to […]

587 S.E.2d 797 BUCKLER ET AL v. DEKALB COUNTY BOARD OF TAX ASSESSORS A03A1603.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 2003 PHIPPS, Judge. The DeKalb County Board of Tax Assessors assessed Robert and Jane Buckler’s property for ad valorem tax purposes as of January 1, 2001 at $1,151,900 and the Bucklers appealed this assessment […]

398 S.E.2d 252 SUPER DISCOUNT MARKETS, INC. v. KUBITZ. A90A1177.Court of Appeals of Georgia. DECIDED OCTOBER 10, 1990. COOPER, Judge. Appellee filed an action in the State Court of DeKalb County seeking an unspecified amount of damages for personal injuries she suffered from a slip and fall in appellant’s store. Appellant answered the complaint and […]

188 S.E.2d 828 MACK v. STATE OF GEORGIA. 46877.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1972. DECIDED MARCH 3, 1972. JORDAN, Presiding Judge. This is an appeal in behalf of a 14-year-old boy adjudged in juvenile court proceedings to be a delinquent child in need of treatment and rehabilitation, in that on or about September […]

368 S.E.2d 544 BATES ASSOCIATES, INC. v. DEPARTMENT OF TRANSPORTATION. 76367.Court of Appeals of Georgia. DECIDED APRIL 4, 1988. REHEARING DENIED APRIL 13, 1988. DEEN, Presiding Judge. On January 13, 1987, appellee Department of Transportation (DOT) filed a condemnation petition, pursuant to OCGA § 32-3-1 et Page 829 seq., to acquire for public use a […]

667 S.E.2d 429 JBM INVESTMENTS, LLC v. CALLAHAN INDUSTRIES, INC. No. A08A1142.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 2008. ADAMS, Judge. JBM Investments, LLC appeals an order granting summary judgment in favor of Callahan Industries, Inc. and denying its own motion in this case involving assignment of a contract to purchase land. The record […]

378 S.E.2d 467 PAYNE v. JONES KOLB et al. 77863, 77864.Court of Appeals of Georgia. DECIDED JANUARY 3, 1989. REHEARING DENIED JANUARY 27, 1989. DEEN, Presiding Judge. In 1984, Joseph F. Payne and three other men hired the accounting firm of Jones Kolb (Jones) and the law firm of David R. Kam Page 63 Associates […]

502 S.E.2d 278 FOSS v. PROBATE COURT OF CHATHAM COUNTY. A98A0574.Court of Appeals of Georgia. DECIDED APRIL 29, 1998 — RECONSIDERATION DENIED MAY 21, 1998. BLACKBURN, Judge. Gregory Foss appeals the denial by the Probate Court of Chatham County of his application to renew his permit to carry a pistol. For the reasons discussed below, […]

490 S.E.2d 529 CAMMON v. THE STATE. A97A1269.Court of Appeals of Georgia. DECIDED JULY 30, 1997. RECONSIDERATION DENIED JULY 30, 1997 — CERT. APPLIED FOR. BLACKBURN, Judge. Rodney L. Cammon appeals his convictions of two violations of the Georgia Controlled Substances Act for possession of marijuana and possession of marijuana with the intent to distribute.[1] […]

222 S.E.2d 54 JETT v. THE STATE. 51178.Court of Appeals of Georgia.SUBMITTED OCTOBER 6, 1975. DECIDED OCTOBER 22, 1975. REHEARING DENIED NOVEMBER 14, 1975. WEBB, Judge. David Eugene Jett was indicted for two counts of burglary, tried, found guilty and sentenced to ten years imprisonment. He appeals from the denial of his motion for new […]

635 S.E.2d 391 FORD v. THE STATE. No. A06A1478.Court of Appeals of Georgia. DECIDED AUGUST 14, 2006. BARNES, Judge. Vick Lamar Ford was convicted of burglary, false imprisonment, kidnapping with bodily injury, rape, robbery, and failure to comply with the state sexual offender registry. On appeal, he contends the trial court erred by allowing the […]

148 S.E.2d 195 LESTER v. INTERNATIONAL BROTHERHOOD OF BOILERMAKERS et al. 41713.Court of Appeals of Georgia.ARGUED JANUARY 4, 1966. DECIDED MARCH 16, 1966. REHEARING DENIED MARCH 30, 1966. PANNELL, Judge. 1. The trial judge had the right to construe his order of September 16th due to the ambiguity in the language therein, and since the […]

470 S.E.2d 900 DEPARTMENT OF TRANSPORTATION v. DAVISON INVESTMENT COMPANY, INC. et al. A95A2152Court of Appeals of Georgia. DECIDED MARCH 15, 1996 — RECONSIDERATION DENIED MARCH 29, 1996 — CERT. APPLIED FOR McMURRAY, Presiding Judge. The Department of Transportation condemned 6.164 acres from a tract of approximately 134 acres owned by condemnee Davison Investment Company, […]

627 S.E.2d 836 GREEN v. HOME DEPOT U.S.A., INC. et al. A05A2096.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 2006. MILLER, Judge. Brent Green was injured at a Home Depot store when a box of light bulbs fell on his head. The box fell from the store’s overhead shelving as Andres Francois pulled a larger […]

286 S.E.2d 41 REECE et al. v. THE STATE. 62257.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1981. REHEARING DENIED OCTOBER 15, 1981. QUILLIAN, Chief Judge. The defendants appeal their conviction for the sale of methaqualone, a Schedule II drug. See Georgia Controlled Substances Act, Code Ann. § 79A-807 (e) (1) (Ga. L. 1974, pp. […]

263 S.E.2d 551 THE STATE v. BURROUGHS. 57309.Court of Appeals of Georgia.SUBMITTED FEBRUARY 6, 1979. DECIDED NOVEMBER 27, 1979. CARLEY, Judge. On February 22, 1979, this court affirmed the trial court’s order setting aside Burroughs’ simple battery conviction on the grounds of double jeopardy. State v. Burroughs, 149 Ga. App. 183 (254 S.E.2d 144) (1979). […]

413 S.E.2d 500 DYE v. THE STATE. A91A2041.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1991. McMURRAY, Presiding Judge. Defendant Dye appeals his conviction of the offense of voluntary manslaughter. The sole enumeration of error contends the trial court erred in refusing defendant’s request to charge on involuntary manslaughter rather than on self-defense. Held: Requests […]

91 S.E.2d 308 COLLINS v. THE STATE. 36000.Court of Appeals of Georgia. DECIDED JANUARY 25, 1956. GARDNER, P. J. Cecil Collins was convicted of assault with intent to murder. The defendant called the prosecutor from the prosecutor’s home. The prosecutor went out of his house and observed the defendant standing behind a truck with a […]

181 S.E.2d 299 HOSPITAL AUTHORITY OF EMANUEL COUNTY v. GRAY. 45804.Court of Appeals of Georgia.SUBMITTED JANUARY 4, 1971. DECIDED FEBRUARY 4, 1971. REHEARING DENIED MARCH 5, 1971. DEEN, Judge. This is an appeal from (a) an order sustaining the motion of cross defendant, Dr. Gray, for judgment on the pleadings against the Hospital Authority of […]

143 S.E.2d 16 SCOTT v. WILLIAMS. 41213.Court of Appeals of Georgia.SUBMITTED MARCH 1, 1965. DECIDED MAY 24, 1965. RUSSELL, Judge. 1. On a suit by a contractor to foreclose a materialman’s lien against the owner of real estate under the provisions of Code Ann. § 67-2002, the petition is not subject to demurrer because the […]

97 S.E.2d 556 FIRE CASUALTY INSURANCE COMPANY OF CONNECTICUT v. FIELDS et al. 36202.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1957. FELTON, C. J. In accordance with the judgment of the Supreme Court which reversed the judgment of this court on certiorari (Fire Casualty Ins. Co. of Connecticut v. Fields, 212 Ga. 814, 96 […]

305 S.E.2d 153 MOSLEY et al. v. MOSLEY. 65889.Court of Appeals of Georgia. DECIDED MAY 6, 1983. BIRDSONG, Judge. This is an appeal from a garnishment judgment in which the trial court found the defendant ex-husband $10,800 in arrears for child support payments accruing subsequent to May, 1978. The judgment Page 552 granted defendant’s traverse […]

161 S.E.2d 517 AMAKER v. THE STATE. 43486.Court of Appeals of Georgia.SUBMITTED MARCH 5, 1968. DECIDED APRIL 2, 1968. QUILLIAN, Judge. The appellant was convicted of driving under the influence of intoxicating liquor. He appealed and the case is here for review. The only enumeration of error was that the trial judge erred in refusing, […]

495 S.E.2d 106 ALTMAN v. THE STATE. A97A2474.Court of Appeals of Georgia. DECIDED DECEMBER 8, 1997. BIRDSONG, Presiding Judge. James R. Altman appeals his conviction of sexual battery and child molestation of his granddaughter. He enumerates six errors. Held: 1. Appellant contends the trial court erred by admitting testimony of Ms. Nelie “Granny” Gillis that […]

47 S.E.2d 135 AGRICULTURAL INSURANCE CO. v. CRANE. 31960.Court of Appeals of Georgia. DECIDED MARCH 19, 1948. The jury is the final arbiter of fact. After the verdict the view of the evidence which is most favorable to upholding it must be taken, and where supported by evidence and approved by the trial judge, the […]

201 S.E.2d 26 GIANT PEANUT GRAIN COMPANY, INC. v. LONG MANUFACTURING COMPANY, INC. 48288.Court of Appeals of Georgia.ARGUED JULY 9, 1973. DECIDED SEPTEMBER 19, 1973. HALL, Presiding Judge. Giant Peanut Grain Co., Inc., (“Giant”) executed a dealership contract with Long Manufacturing Co., Inc. (“Long”) contemplating distribution by Giant of Long’s machinery and involving retention by […]

537 S.E.2d 173 TREGLOWN v. K-MART CORPORATION. A00A0723.Court of Appeals of Georgia. DECIDED: JULY 11, 2000 ANDREWS, Presiding Judge. Charles Treglown appeals from the trial court’s denial of his motion for new trial following the jury’s verdict for K-Mart Corporation on his loss of consortium claim. Mrs. Ailene Treglown was Page 429 awarded $180,000 for […]

139 S.E.2d 135 GEARY v. ADKINS et al. 40908.Court of Appeals of Georgia. DECIDED OCTOBER 23, 1964. The petition seeking to set aside a judgment of the court of ordinary was meritorious, and it was error to dismiss it on oral motion. DECIDED OCTOBER 23, 1964. Page 530 Petition to set aside adjudication of insanity. […]

596 S.E.2d 699 DOSTER v. BATES. A03A2302.Court of Appeals of Georgia. DECIDED MARCH 10, 2004. RUFFIN, Presiding Judge. Faye Doster, as administratrix of Oneida McGuffey’s estate, brought suit against Johnny McGuffey’s estate to set aside a quitclaim deed Mrs. McGuffey had executed in favor of her husband.[1] The trial court ruled against Doster on motion […]

45 S.E.2d 67 WEST LUMBER COMPANY v. CASTLEBERRY. 31757.Court of Appeals of Georgia. DECIDED OCTOBER 29, 1947. 1. There being some evidence to support the verdict, this court is without jurisdiction to entertain assignments of error that the verdict is contrary to the evidence. This is a question that is addressed to the discretion of […]

286 S.E.2d 448 PEASE ELLIMAN REALTY TRUST v. GAINES et al.; and vice versa. 61943, 61944.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1981. REHEARINGS DENIED OCTOBER 22, 1981. QUILLIAN, Chief Judge. This is an appeal from the denial of cross-motions for summary judgment by plaintiff, Pease and Elliman Realty Trust, and defendant, Gaines and […]

345 S.E.2d 118 HAGGER v. THE STATE. 72107.Court of Appeals of Georgia. DECIDED MAY 5, 1986. POPE, Judge. Earl Edward Hagger brings this appeal from his convictions of rape and aggravated sodomy. Held: 1. Appellant first cites as error the trial court’s admitting into evidence the victim’s jacket because holes had been cut in it. […]

149 S.E.2d 831 GEORGIA PACIFIC CORPORATION v. BUCHANAN. 42093.Court of Appeals of Georgia.SUBMITTED JUNE 8, 1966. DECIDED JUNE 16, 1966. NICHOLS, Presiding Judge. Claude T. Buchanan filed his application for workmen’s compensation based upon injury allegedly sustained while employed by the Georgia Pacific Corporation. The deputy director hearing the complaint found for claimant, as did […]

395 S.E.2d 247 CARLIN v. FULLER. A90A0411.Court of Appeals of Georgia. DECIDED MAY 18, 1990. REHEARING DENIED JUNE 21, 1990. DEEN, Presiding Judge. On June 15, 1981, the appellee, Alta Mae Fuller, sold almost 519 acres of land to James Bland, who executed a promissory note and a deed to secure debt in favor of […]

383 S.E.2d 595 STIRLING v. THE STATE. A89A0752.Court of Appeals of Georgia. DECIDED JUNE 6, 1989. REHEARING DENIED JUNE 21, 1989. BIRDSONG, Judge. This is Alan Stirling’s third appeal pro se on matters relating to his June 1986 indictment for aggravated assault, criminal trespass, and theft by taking. See Stirling v. State, 189 Ga. App. […]

222 S.E.2d 627 SUBURBAN REALTY, INC. v. BUSBIN. 51430.Court of Appeals of Georgia.ARGUED NOVEMBER 3, 1975. DECIDED NOVEMBER 14, 1975. REHEARING DENIED DECEMBER 3, 1975. WEBB, Judge. 1. The initial question in this case is whether the plaintiff realty company’s right to a commission is dependent upon merely securing a purchaser ready, willing, and able […]

554 S.E.2d 742 EDMONDSON et al. v. GILMORE. A01A0838.Court of Appeals of Georgia. DECIDED: SEPTEMBER 13, 2001. RUFFIN, Judge. Scott and Traci Edmondson filed a petition in Brooks County Superior Court to adopt T.M.G. The trial court dismissed the Edmondsons’ action, and the Edmondsons filed this appeal. For reasons that follow, we affirm. The facts […]

104 S.E.2d 530 JONES v. THE STATE. 37197.Court of Appeals of Georgia. DECIDED JUNE 23, 1958. 1. When paraphernalia used in the operation of the lottery known as the numbers game are found in the possession of a defendant, such as here, there is a rebuttable presumption that the defendant is participating in the operation […]

429 S.E.2d 326 KNIGHT v. THE STATE. A92A1980.Court of Appeals of Georgia. DECIDED MARCH 16, 1993. POPE, Chief Judge. Defendant Robert Wayne Knight was charged with two counts of child molestation and one count of aggravated child molestation, and convicted on all counts. The victims in this case were defendant’s stepdaughter and stepson, who were […]

476 S.E.2d 850 WILLIAMS v. SAFEWAY INSURANCE COMPANY. A96A1402.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1996. RUFFIN, Judge. Scedro Williams sued Ronald Cousin for injuries allegedly sustained in an automobile collision between the parties. Williams also served the complaint on her uninsured motorist carrier, Safeway Insurance Company (“Safeway”). Safeway answered the complaint in its […]

605 S.E.2d 842 BODNE v. BODNE. A02A1380.Court of Appeals of Georgia. DECIDED OCTOBER 19, 2004. MILLER, Judge. In Bodne v. Bodne, 277 Ga. 445 (588 SE2d 728) (2003), the Supreme Court of Georgia reversed the judgment of this Court i Bodne v. Bodne, 257 Ga.App. 761 (572 SE2d 95) (2002). Therefore, we vacate our earlier […]