Category: Georgia Court of Appeals Opinions

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 […]

414 S.E.2d 321 HAYES v. THE STATE. A91A1295.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1991. CARLEY, Presiding Judge. After a bench trial, appellant was found guilty of possession of methamphetamine in violation of OCGA § 16-13-30. He appeals from the judgment of conviction and sentence entered on the trial court’s finding of guilt. Appellant […]

412 S.E.2d 617 FUGATE v. GAYFERS MERCANTILE DEPARTMENT STORES, INC. A91A1102.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1991. CARLEY, Presiding Judge. Appellant-plaintiff brought suit for the injuries that she sustained when she fell in appellee-defendant’s store. Appellee answered and, after discovery, moved for summary judgment. The trial court granted this motion and appellant appeals. […]

474 S.E.2d 682 GEORGIA DEPARTMENT OF HUMAN RESOURCES v. GOULD. A96A1442.Court of Appeals of Georgia. DECIDED AUGUST 14, 1996. BIRDSONG, Presiding Judge. The Georgia Department of Human Resources (DHR), on behalf of Teresa Lynn Brefka, appeals both the trial court’s modification of a preexisting child support order and the denial of DHR’s petition to hold […]

366 S.E.2d 191 CITIZENS SOUTHERN BANK OF ALBANY et al. v. SWAIN. 75347.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1988. REHEARING DENIED FEBRUARY 19, 1988. SOGNIER, Judge. Christine H. Swain, individually and as executrix of the estate of Dixon H. Swain, brought a medical malpractice action against the Citizens and Southern Bank of Albany […]

301 S.E.2d 677 QUATTLEBAUM v. GEORGIA POWER COMPANY. 65191.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1983. SHULMAN, Chief Judge. After a routine meter reading visit to the Quattlebaum home in June 1978, an employee of Georgia Power Company reported that the meter had been tampered with. Quattlebaum refused to pay the electricity bill which […]

214 S.E.2d 380 JACKSON v. YOUNG. 50092.Court of Appeals of Georgia.ARGUED JANUARY 10, 1975. DECIDED FEBRUARY 26, 1975. REHEARING DENIED MARCH 24, 1975. QUILLIAN, Judge. Appeal was taken to the Supreme Court from the dismissal by the trial court of the plaintiff’s appeal from a judgment based on a jury verdict for the defendant. The […]

630 S.E.2d 893 NAVARRO v. THE STATE. A06A0537.Court of Appeals of Georgia. DECIDED MAY 11, 2006. RUFFIN, Chief Judge. A jury found Alejandro Navarro guilty of two counts of aggravated assault and two misdemeanor counts of cruelty to children. On appeal, Navarro raises 13 enumerations of error, alleging that: (1) the Page 312 trial court […]

322 S.E.2d 296 GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. JONES et al. 68300.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1984. REHEARING DENIED SEPTEMBER 20, 1984. CARLEY, Judge. On January 13, 1982, Jeffrey Atcheson and three others, one of whom was appellee-plaintiff, decided to take advantage of a light snowfall for recreational purposes. They […]

382 S.E.2d 204 PONDER v. THE STATE (two cases). A89A0488, A89A0489.Court of Appeals of Georgia. DECIDED MAY 9, 1989. DEEN, Presiding Judge. Appellant Ponder has filed two separate but related appeals, the first (Case No. A89A0488) being from a judgment resulting from entry of a guilty plea to a charge of possession of cocaine with […]

177 S.E.2d 176 AMERICAN LIBERTY INSURANCE COMPANY v. SANDERS; and vice versa. 45350, 45351.Court of Appeals of Georgia.ARGUED JUNE 2, 1970. DECIDED SEPTEMBER 8, 1970. PANNELL, Judge. This case, a suit against an insurance company based upon alleged uninsured motorist coverage in the plaintiff’s policy of insurance, has been before this court on a previous […]

221 S.E.2d 697 A. H. ROBINS COMPANY v. SULLIVAN et al. 51148.Court of Appeals of Georgia.ARGUED SEPTEMBER 17, 1975. DECIDED NOVEMBER 13, 1975. MARSHALL, Judge. This appeal involves the relationship between the prior pending action defense of Code § 3-601 and the relation back of amendments provision of CPA § 15 (c) (Code Ann. § […]

422 S.E.2d 924 ENGLISH v. THE STATE. A92A1525.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1992. CARLEY, Presiding Judge. Appellant was tried before a jury and found guilty of three counts of selling cocaine. He appeals from the judgments of conviction and sentences entered by the trial court on the jury’s guilty verdicts. 1. The […]

494 S.E.2d 571 ROCOR INTERNATIONAL et al. v. GUYTON. A97A2233.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1997 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. In this workers’ compensation case, permission was granted for appellant Rocor International (“Rocor”), the alleged employer of claimant James Guyton, to pursue a discretionary appeal under the following circumstances: On […]

370 S.E.2d 813 BAPTIST CONVENTION OF GEORGIA v. HENRY et al. 75801.Court of Appeals of Georgia. DECIDED JUNE 15, 1988. McMURRAY, Presiding Judge. Plaintiff Baptist Convention of the State of Georgia, d/b/a Georgia Baptist Medical Center, filed this continuing garnishment proceeding predicated upon its judgment in the Superior Court of Cherokee County against defendant Buddy […]

208 S.E.2d 194 ROSE et al. v. CONAGRA-GEORGIA, INC. 49471.Court of Appeals of Georgia.ARGUED JUNE 26, 1974. DECIDED JULY 16, 1974. DEEN, Judge. In support of its motion for summary judgment, the grant of which is appealed from, the plaintiff Conagra established the following: The three Rose defendants and Page 422 five other persons became […]

576 S.E.2d 612 GULLATT v. FAIN. A02A1929.Court of Appeals of Georgia. DECIDED: JANUARY 15, 2003 MILLER, Judge. Brian Fain sued Vera Gullatt for injuries arising out of an auto collision. After the presentation of all evidence, the trial court granted Fain a directed verdict on the issue of liability, and the jury awarded Fain $20,000 […]

647 S.E.2d 406 REGISTER v. ELLIOTT et al. No. A07A0998.Court of Appeals of Georgia. DECIDED JUNE 7, 2007. PHIPPS, Judge. Carl Register appeals an order of the Superior Court of Meriwether County dismissing as untimely his appeal to this court from a judgment in his action against Raymond Elliott, individually and d/b/a Elliott Construction. Register […]

278 S.E.2d 653 STEPHEN W. BROWN RADIOLOGY ASSOCIATES v. GOWERS et al. 60388.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1981. REHEARING DENIED MARCH 5, 1981. McMURRAY, Presiding Judge. In May, 1971, during the course of a routine physical examination, a nodule was discovered on Warren H. Gowers, Sr.’s prostate gland. He was hospitalized for […]

670 S.E.2d 879 THE STATE v. LEE. No. A08A1654.Court of Appeals of Georgia. DECIDED DECEMBER 2, 2008. BERNES, Judge. Jonathan Edward Lee was charged with electronically furnishing obscene material to a minor. The trial court granted Lee’s motion to suppress the inculpatory statements he made during a police interview. The state now appeals. We affirm […]

372 S.E.2d 301 HORIZON INDUSTRIES, INC. et al. v. CARTER. 76463.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1988. SOGNIER, Judge. Agnes M. Carter was injured during the course of her employment at Horizon Industries, Inc., and was awarded benefits pursuant to both OCGA § 34-9-261 (temporary total benefits) and OCGA § 34-9-263 (permanent partial […]

486 S.E.2d 370 BROWN v. THE STATE. A97A0592.Court of Appeals of Georgia. DECIDED APRIL 9, 1997. ELDRIDGE, Judge. Appellant, Leonard Eugene Brown, was indicted by the Walker County grand jury on November 8, 1994, for one count of arson and two counts of burglary. Appellant was tried before a jury on March 20 through 22, […]

449 S.E.2d 642 ORR v. THE STATE. A94A1954.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1994. BLACKBURN, Judge. Michael Orr appeals his conviction by a jury of burglary. On appeal, Orr enumerates several errors. 1. In his first enumeration of error, Orr contends that his conviction is contrary to the evidence and the law. We […]

201 S.E.2d 163 LOCKLEAR et al. v. MORGAN et al. 48451.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1973. DECIDED SEPTEMBER 20, 1973. REHEARING DENIED OCTOBER 2, 1973. STOLZ, Judge. Defendants appeal from verdicts and judgments for the plaintiffs in this suit for damages tried in the Superior Court of Catoosa County. Held: 1. Enumerations of […]

503 S.E.2d 906 BRADY v. THE STATE. A98A0497.Court of Appeals of Georgia. DECIDED JULY 7, 1998 — CERT. APPLIED FOR. SMITH, Judge. James Lee Brady was convicted of the offenses of statutory rape, incest, and child molestation. His motion for new trial as amended was denied, and he appeals. Finding that the evidence was sufficient […]

361 S.E.2d 850 DIVECCHIO v. MEAD CORPORATION (two cases). 75287, 75288.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1987. DEEN, Presiding Judge. On August 21, 1985, William Troutman, who was the general manager of Mead Corporation’s two corrugated box plants in Atlanta and Covington, met five other Mead employees at a restaurant/bar to celebrate the […]

531 S.E.2d 399 CARTWRIGHT v. STATE. A99A2261.Court of Appeals of Georgia. DECIDED MARCH 16, 2000. PHIPPS, Judge. Darrell Dewayne Cartwright was indicted for rape, statutory rape and aggravated sodomy.[1] A jury found him guilty of forcible rape and aggravated sodomy. He appeals, raising three enumerations of error. He asserts that the trial court erred by […]

192 S.E.2d 438 MILLER v. LUMBERMENS MUTUAL INSURANCE COMPANY et al. 47155.Court of Appeals of Georgia.SUBMITTED MAY 1, 1972. DECIDED SEPTEMBER 14, 1972. BELL, Chief Judge. In this workmen’s compensation case, claimant received a compensable back injury in March of 1970, and the parties executed an agreement for the payment of compensation for total disability. […]

494 S.E.2d 92 ADAMS v. THE STATE. A97A1778.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1997. Judge HAROLD R. BANKE. Joanna Adams was convicted of trafficking in cocaine. On appeal, Adams enumerates four errors. The evidence, when viewed in a light to support the verdict, Page 382 showed that based on information that Adams’ co-defendant, […]

424 S.E.2d 305 THOMAS v. KITE. A92A1459.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1992. RECONSIDERATION DENIED OCTOBER 30, 1992. JOHNSON, Judge. Jimmy Thomas sued Nancy Kite for personal injuries he allegedly received when the automobile in which he was a passenger was struck in the rear by the vehicle driven by Kite. The jury […]

292 S.E.2d 507 DEKALB COUNTY EMPLOYEES FEDERAL CREDIT UNION v. D. L. CLABORN BUICK, INC. 63723.Court of Appeals of Georgia. DECIDED JUNE 18, 1982. SHULMAN, Presiding Judge. Appellant DeKalb County Employees Federal Credit Union (DCE) filed suit for money had and received against appellee D. L. Claborn Buick, Inc. (D. L. Claborn) and against James […]

204 S.E.2d 523 KNOX v. STONE. 48537.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1973. DECIDED JANUARY 8, 1974. REHEARING DENIED FEBRUARY 4, 1974. CLARK, Judge. Plaintiff, who had sustained personal injuries while riding as a gratuitous passenger in an automobile owned by defendant father which at that time was being driven by defendant’s minor daughter, […]

566 S.E.2d 444 SEABOLT v. BEAULIEU OF AMERICA et al. A02A0312.Court of Appeals of Georgia. DECIDED: JUNE 12, 2002. SMITH, Presiding Judge. We granted this application for discretionary review to consider the narrow issue of attorney fees assessed in this workers’ compensation case. Although the employee had sought attorney fees, the administrative law judge (“ALJ”) […]

114 S.E.2d 319 WILSON v. SEARS ROEBUCK COMPANY. 37645.Court of Appeals of Georgia. DECIDED APRIL 5, 1960. CARLISLE, Judge. This case was previously before this court on a writ of error from the Superior Court of Fulton County assigning error on the judgment of that court reversing and setting aside the award of compensation entered […]

151 S.E.2d 905 HANDIBOE v. McCARTHY. 42094.Court of Appeals of Georgia.ARGUED JUNE 7, 1966. DECIDED SEPTEMBER 28, 1966. REHEARING DENIED NOVEMBER 2, 1966. FRANKUM, Judge. 1. “An implied invitation is one which is held to be extended by reason of the owner doing something or permitting something to be done which fairly indicates to the […]

28 S.E.2d 667 CITY OF ATLANTA v. PITTMAN et al. 30214.Court of Appeals of Georgia. DECIDED JANUARY 12, 1944. The evidence sustained the verdict. DECIDED JANUARY 12, 1944. Page 508 Damages; from Fulton civil court — Judge Parker. June 18, 1943. J. C. Savage, E. L. Sterne, J. C. Murphy, Bond Almand, for plaintiff in […]

94 S.E.2d 523 PLANTATION PIPE LINE COMPANY v. HORNBUCKLE, by Next Friend. 35950.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1956. FELTON, C. J. The judgment of this court reversing the judgment of the trial court overruling the general demurrer to the petition having been reversed by the Supreme Court (Hornbuckle v. Plantation Pipe Line […]

333 S.E.2d 24 WILLIAMSON v. MTA BROKERAGE CONSULTANTS, INC. 69652.Court of Appeals of Georgia. DECIDED JUNE 20, 1985. McMURRAY, Presiding Judge. In May of 1982 a state tax execution was issued on an earlier tax assessment against defendant. By warranty deed dated January 7, 1983, defendant conveyed certain real property to plaintiff. On January 11, […]

323 S.E.2d 8 BROWN et al. v. CITIZENS SOUTHERN NATIONAL BANK. 66130.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1984. BENHAM, Judge. On the first appearance of this case in this court, we affirmed the judgment of the trial court. 168 Ga. App. 385 (308 S.E.2d 850) (1983). The Supreme Court granted certiorari in order […]

598 S.E.2d 507 CROSBY v. THE STATE. A03A2169.Court of Appeals of Georgia. DECIDED JANUARY 16, 2004. RECONSIDERATION DENIED APRIL 8, 2004. MIKELL, Judge. George Walter Crosby was convicted of possession of cocaine and sentenced to five years on probation. He appeals from the order denying his motion to suppress. We affirm. When reviewing a trial […]

411 S.E.2d 781 PROFESSIONAL CLEANERS v. PHENIX SUPPLY COMPANY. A91A1251.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1991. POPE, Judge. Plaintiff/appellee Phenix Supply Company sold dry cleaning products to defendant/appellant Professional Cleaners on an open account. Defendant fell behind in its payments to plaintiff on the account and the parties entered into an installment note […]

218 S.E.2d 307 LIBERTY MUTUAL INSURANCE COMPANY v. CARNLEY. 50794.Court of Appeals of Georgia.ARGUED JUNE 30, 1975. DECIDED SEPTEMBER 2, 1975. EVANS, Judge. This is a workmen’s compensation case. Claimant and another brick mason were allegedly ordered to handle scaffolding on the job site. Under the union contract in effect at this job, brick masons […]

626 S.E.2d 598 BYRD v. THE STATE. HALL v. THE STATE. A05A1607, A05A1649.Court of Appeals of Georgia. DECIDED JANUARY 27, 2006. ADAMS, Judge. Jason Lee Byrd, Arthur Wayne Hall, and Jonathan Brooks were indicted on 41 counts of criminal damage to property arising from the ransacking of Floyd County’s historic cemetery known as Myrtle Hill. […]

684 S.E.2d 104 ROBINSON et al. v. GLOBAL RESOURCES, INC. No. A09A1682.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 2009. RECONSIDERATION DENIED SEPTEMBER 22, 2009. BLACKBURN, Presiding Judge. In this civil action, Global Resources, Inc. sued Theodore Robinson, Philip Burruss, and Charles Jordan (collectively “defendants”), alleging several claims arising out of defendants’ default on three […]

348 S.E.2d 102 ATLANTA CAR FOR HIRE ASSOCIATION, INC. et al. v. WHITED. 72128.Court of Appeals of Georgia. DECIDED JULY 9, 1986. REHEARING DENIED JULY 28, 1986. McMURRAY, Presiding Judge. The plaintiff brought this action to recover damages in a two count complaint for injuries he allegedly sustained while riding as a passenger in a […]

332 S.E.2d 21 BALDWIN v. ASSOCIATES FINANCIAL SERVICES OF AMERICA, INC. 69956.Court of Appeals of Georgia. DECIDED MAY 20, 1985. BENHAM, Judge. In November 1981, appellee made a loan to appellant and her now-deceased husband, who secured the loan with a deed of trust on Page 796 their home. In August 1982, shortly after the […]

673 S.E.2d 15 GEARY v. WILSHIRE CREDIT CORPORATION et al. No. A08A1618.Court of Appeals of Georgia. DECIDED JANUARY 22, 2009. MIKELL, Judge. On March 7, 2005, Eileen Geary f/k/a Eileen Stone (“Geary”) filed a pro se action in federal district court against her mortgage lender’s servicing agent, Wilshire Credit Corporation (“Wilshire”), and the law firm […]

504 S.E.2d 732 LEWIS v. THE STATE. A98A0094.Court of Appeals of Georgia. DECIDED JULY 16, 1998 — RECONSIDERATION DENIED JULY 27, 1998 — CERT. APPLIED FOR. BEASLEY, Judge. Neil Anthony Lewis, along with Warren Wilson, was indicted on one count of trafficking in cocaine and possession with intent to distribute cocaine. Lewis was also indicted […]

460 S.E.2d 80 BALDWIN v. THE STATE. A95A0316.Court of Appeals of Georgia. DECIDED MAY 8, 1995. RECONSIDERATION DENIED JULY 14, 1995. CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant was charged in an accusation with driving under the influence of alcohol. He was also given citations for failure to maintain lane and for having an open […]

445 S.E.2d 563 HARPER v. THE STATE. A94A0116.Court of Appeals of Georgia. DECIDED JUNE 16, 1994. ANDREWS, Judge. Harper appeals his convictions for driving under the influence, driving with a suspended license, hindering a police officer, and failure to produce proof of insurance. The sole enumeration of error is that the court erred in admitting […]

325 S.E.2d 172 ROBINSON v. MULLINS et al. 69189.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1984. SOGNIER, Judge. Appellant D. A. Robinson, Jr. filed this appeal to the December 2, 1983, order of the Superior Court of Spalding County dismissing appellant’s motion for new trial pursuant to a motion to dismiss filed by appellees, […]

112 S.E.2d 824 FINCH v. THE STATE. 38025.Court of Appeals of Georgia. DECIDED JANUARY 21, 1960. TOWNSEND, Judge. 1. Code § 58-608 provides that the offense of public drunkenness “must be made manifest by boisterousness, Page 74 or by indecent condition or acting, or by vulgar, profane or unbecoming language, or loud and violent discourse […]

248 S.E.2d 708 MULLINS v. THE STATE. 56593.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 7, 1978. DECIDED SEPTEMBER 28, 1978. WEBB, Judge. Hubert Mullins was convicted of the crime of armed robbery in Murray County. In his appeal he contends that the trial court erred in overruling his amended motion for new trial (1) on the […]

507 S.E.2d 538 ADAMS v. THE STATE. A98A2048.Court of Appeals of Georgia. DECIDED OCTOBER 13, 1998. JOHNSON, Presiding Judge. After a jury trial, Scott Adams was found guilty of theft by taking and not guilty of simple battery. He appeals from the conviction entered on the theft verdict. 1. We disagree with the state’s argument […]

564 S.E.2d 802 NAT KATZ ASSOCIATES, LTD. v. BARBER et al. A02A0680.Court of Appeals of Georgia. DECIDED: APRIL 30, 2002 RUFFIN, Judge. Nat Katz Associates, Ltd. (“Katz”) sued Ronald Barber for payment of goods and services that Katz provided to ICR, Inc. (“ICR”).[1] Katz sought to hold Barber personally liable for ICR’s debt, alleging that […]

448 S.E.2d 714 HICKEY v. VULCAN MATERIALS COMPANY. A94A1152.Court of Appeals of Georgia. DECIDED AUGUST 18, 1994. RECONSIDERATION DENIED SEPTEMBER 16, 1994. BLACKBURN, Judge. George R. Hickey brought the underlying action to recover damages for injuries he received from the alleged negligence of Vulcan Materials Company (Vulcan). Hickey appeals the trial court’s order granting Vulcan’s […]

281 S.E.2d 250 ADAMS v. THE STATE. 61639.Court of Appeals of Georgia. DECIDED APRIL 22, 1981. REHEARING DENIED MAY 14, 1981. QUILLIAN, Chief Judge. On July 7, 1980, defendant was serving a probated sentence from a prior conviction of two counts of robbery. On that date he was indicted for “aggravated assault, and criminal damage […]

136 S.E.2d 525 OLD COLONY INSURANCE COMPANY v. DRESSEL et al. 40612.Court of Appeals of Georgia. DECIDED MARCH 13, 1964. REHEARING DENIED MARCH 31, 1964. 1. The overruling of a special demurrer to pleadings does not constitute reversible error when after the verdict and final judgment it does not appear that this handicapped a party […]

387 S.E.2d 577 CAROLE LYDEN SMITH ENTERPRISES, INC. et al. v. MATHEW et al. A89A1012.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1989. REHEARING DENIED OCTOBER 30, 1989. BIRDSONG, Judge. Appellant corporation et al. were plaintiffs in a suit against the appellees, who are Louisiana residents, for, inter alia, breach of franchise agreements and obligations. […]

352 S.E.2d 642 GLASS v. THE STATE. 73319.Court of Appeals of Georgia. DECIDED JANUARY 5, 1987. CARLEY, Judge. Appellant Henry Levi Glass was tried before a jury and found guilty of possession of a firearm by a convicted felon in violation of OCGA § 16-11-131. He appeals from the judgment of conviction and sentence entered […]

64 S.E.2d 456 TALIAFERRO v. DEATON. 33204.Court of Appeals of Georgia. DECIDED MARCH 15, 1951. WORRILL, J. This is the second appearance of this case in this court. See Deaton v. Taliaferro, 80 Ga. App. 685 (57 S.E.2d 215). Upon the retrial of the case in the Court of Ordinary of Fannin County, a judgment […]

290 S.E.2d 189 HEILMAN v. DEPARTMENT OF TRANSPORTATION. 63280.Court of Appeals of Georgia. DECIDED APRIL 9, 1982. REHEARING DENIED JUNE 14, 1982. QUILLIAN, Chief Judge. This is an appeal by a lessee-condemnee from a condemnation award. Appellant is a dentist specializing in child dentistry (pedodontics). In 1977 he established his practice on Fairburn Road in […]

253 S.E.2d 849 JONES v. RESERVE INSURANCE COMPANY et al. 56930.Court of Appeals of Georgia.ARGUED OCTOBER 31, 1978. DECIDED FEBRUARY 28, 1979. SHULMAN, Judge. At the time of the incidents giving rise to this litigation, appellant was attending a meeting of the Page 177 Southeastern Claimsmen Association at the Marriott Hotel. Appellant, a former employee […]

247 S.E.2d 191 CARTER v. THE STATE. JONES v. THE STATE. 55936, 55937.Court of Appeals of Georgia.SUBMITTED JUNE 5, 1978. DECIDED JUNE 29, 1978. REHEARING DENIED JULY 13, 1978. DEEN, Presiding Judge. The only enumeration of error in these armed robbery convictions contends that proof of venue was insufficient. While it is true that where […]

524 S.E.2d 776 WOOTEN v. THE STATE. A99A1363.Court of Appeals of Georgia. DECIDED: NOVEMBER 8, 1999. MILLER, Judge. Samuel Wooten was tried and convicted of robbery by sudden snatching (a felony), and giving a false name to a law enforcement officer as well as driving while license suspended (both misdemeanors). Following the denial of his […]

581 S.E.2d 584 KELLEY v. THE STATE. A02A2195.Court of Appeals of Georgia. Decided March 13, 2003 PHIPPS, Judge. Omisha Kelley was convicted of aggravated assault on Martina Perkinson by cutting her face with an “unknown sharp object, thought to be a knife.” On appeal, she challenges the admission of certain testimony. Finding no reversible error, […]

554 S.E.2d 196 STATE v. MIXON, et al. A01A1428.Court of Appeals of Georgia. DECIDED: AUGUST 9, 2001 MIKELL, Judge. The state appeals the trial court’s suppression of evidence discovered during a warrantless “protective sweep” of the home of defendants Donna and John Roscoe Mixon. A “protective sweep” is a limited search of the house primarily […]

662 S.E.2d 240 LUKER v. THE STATE. No. A08A0283.Court of Appeals of Georgia. DECIDED MAY 7, 2008. BARNES, Chief Judge. A jury found Joe William Luker guilty of burglary. Luker appeals, arguing that the trial court erred in permitting a witness to testify. He also challenges the trial court’s jury instructions. Finding no error, we […]

649 S.E.2d 775 PEELER v. THE STATE. No. A07A0774.Court of Appeals of Georgia. DECIDED JULY 6, 2007. BARNES, Chief Judge. Following the denial of his new trial motion, Havesta Peeler appeals his convictions for two counts of armed robbery and two counts of possession of a firearm by a convicted felon. He contends that trial […]

240 S.E.2d 171 APEX SUPPLY COMPANY, INC. v. JOHNNY LONG HOMES, INC. et al. (two cases). 54402, 54430.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 7, 1977. DECIDED NOVEMBER 2, 1977. BIRDSONG, Judge. In case no. 54402, appellant, Apex Supply Co., appeals from that part of an ex parte order which released a garnishment directed to the […]

288 S.E.2d 343 WASHINGTON et al. v. HARTFORD ACCIDENT INDEMNITY COMPANY. 63279.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1982. BANKE, Judge. Appellant Lyndon Baines Washington was shot by a fellow passenger in a school bus which was covered by a policy of automobile liability insurance issued by the appellee. The assailant had departed the […]

457 S.E.2d 825 BASHIRI v. THE STATE. A95A0510.Court of Appeals of Georgia. DECIDED MAY 8, 1995. SMITH, Judge. Al Bashiri was convicted by a jury of the charge of terroristic threats. OCGA § 16-11-37 (a). His motion for new trial was denied. In his sole enumeration of error, he contends the trial court erred in […]

325 S.E.2d 451 BYTELL et al. v. PAUL. 68906.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1984. REHEARING DENIED DECEMBER 14, 1984. BEASLEY, Judge. Defendants-appellants Bytell appeal from the denial of their motion to strike plaintiff-appellee Paul’s voluntary dismissal of his suit. Paul sued Bytell, a physician, and his professional corporation, for malpractice. At trial, […]

173 S.E.2d 275 BUTLER v. COCHRAN et al. 44902.Court of Appeals of Georgia.ARGUED NOVEMBER 4, 1969. DECIDED FEBRUARY 11, 1970. EVANS, Judge. The appellant brought this action for malicious abuse or use of process on June 2, 1969, as a result of a civil action brought against him by the defendants on October 18, 1965, […]

474 S.E.2d 9 BRINKWORTH v. THE STATE. A96A0165.Court of Appeals of Georgia. DECIDED JUNE 18, 1996 — RECONSIDERATION DENIED JULY 12, 1996 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant Brinkworth appeals his conviction of the offense of simple battery. Held: 1. The state’s evidence as to venue was that the crime occurred at “Dugan’s […]

195 S.E.2d 249 ANDREWS MOTORS COMPANY v. CLEMENT. 47617.Court of Appeals of Georgia.SUBMITTED NOVEMBER 7, 1972. DECIDED NOVEMBER 21, 1972. REHEARING DENIED DECEMBER 12, 1972. HALL, Presiding Judge. Defendant in an action for fraudulent misrepresentation appeals from the judgment and from the denial of its motion for a new trial. The alleged fraudulent misrepresentations occurred […]

542 S.E.2d 596 CALLAWAY v. THE STATE. A00A0947.Court of Appeals of Georgia. DECIDED: NOVEMBER 21, 2000 RUFFIN, Judge. Harry Callaway, a chiropractor, was convicted in Spalding County Superior Court of three counts of insurance fraud for participating in a scheme whereby others would stage an automobile collision and Callaway would prepare false bills for chiropractic […]

288 S.E.2d 850 DAVIS v. THE STATE. 62695.Court of Appeals of Georgia. DECIDED JANUARY 22, 1982. POPE, Judge. This is a probation revocation case. The defendant Davis pled guilty to separate counts of burglary, theft by taking, and theft by deception. He was sentenced to five years to be served on probation upon compliance with […]

221 S.E.2d 829 BARNUM v. THE STATE. 51153.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1975. DECIDED OCTOBER 15, 1975. REHEARING DENIED NOVEMBER 7, 1975. EVANS, Judge. Defendant was convicted of selling marijuana and sentenced to serve five years. The sentence provided that 30 months would be served in a penal institution and the remaining 30 […]

381 S.E.2d 45 WATKINS v. THE STATE. 77446.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1989. REHEARING DENIED MARCH 29, 1989. BENHAM, Judge. A jury convicted appellant of homicide by vehicle in the first degree (OCGA § 40-6-393 (a)); driving under the influence of alcohol (OCGA § 40-6-391); driving on the wrong side of the […]

254 S.E.2d 909 M. G. T. CORPORATION et al. v. THE STATE. 57442.Court of Appeals of Georgia.SUBMITTED MARCH 13, 1979. DECIDED APRIL 9, 1979. SMITH Judge. Appellants were convicted by a jury on two counts of violating Code § 26-2101. Their appeal asserts the trial court erred in finding subsection (c) of that statute to […]

463 S.E.2d 39 REAGIN v. THE STATE. A95A1290.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1995. RECONSIDERATION DENIED OCTOBER 16, 1995. CERT APPLIED FOR. McMURRAY, Presiding Judge. Defendant Reagin was charged by accusation with the offenses of driving under the influence of alcohol or drugs, violation of the open container law, operating a vehicle without […]

420 S.E.2d 42 PARNELL v. THE STATE. A92A0163.Court of Appeals of Georgia. DECIDED JUNE 8, 1992. COOPER, Judge. Appellant, who was convicted of aggravated sodomy, enticing a child, child molestation and aggravated child molestation, appeals from the denial of his motion for new trial. Appellant was the maintenance person at the mobile home park where […]

146 S.E.2d 544 STATE HIGHWAY DEPARTMENT v. RUTLAND. 41478.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1965. DECIDED NOVEMBER 30, 1965. HALL, Judge. The State Highway Department condemned 2.283 acres out of a 150-acre tract of land. After a verdict of $10,850, the condemnor assigns error on the overruling of its motion for new trial. Held: […]

286 S.E.2d 305 ROBERTSON v. LUMBERMEN’S MUTUAL CASUALTY COMPANY. WILKERSON v. LUMBERMEN’S MUTUAL CASUALTY COMPANY. 61740, 62000.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1981. REHEARING DENIED OCTOBER 15, 1981. BIRDSONG, Judge. Summary judgment. Amos and Diane Shipp were man and wife. They purchased a 1973 Lincoln Continental in October, 1979 and title was issued […]

530 S.E.2d 514 HARDING v. THE STATE. A99A2398.Court of Appeals of Georgia. DECIDED: MARCH 6, 2000. SMITH, Judge. Sherrie G. Harding was convicted by a Putnam County jury of DUI by being in actual physical control of a moving vehicle while under the influence of alcohol to the extent that it was less safe for […]

348 S.E.2d 65 TOCO HILLS, INC. et al. v. ROLLINS PROTECTIVE SERVICES COMPANY, INC. 71608.Court of Appeals of Georgia. DECIDED JUNE 24, 1986. REHEARING DENIED JULY 23, 1986. McMURRAY, Presiding Judge. Summary judgment. This appeal arose from a complaint filed by Page 824 Toco Hills, Inc. (Toco Hills), William Clyde Shepherd, Jr. and Mary Upchurch […]

391 S.E.2d 697 WEBB et al. v. HANCOCK PLUMBING HEATING COMPANY, INC. A89A2314.Court of Appeals of Georgia. DECIDED MARCH 5, 1990. BEASLEY, Judge. Defendants Webb, d/b/a W. W. Construction Company, appeal from a judgment entered for plaintiff Hancock Plumbing after a bench trial. Hancock was the general contractor with the federal government for the construction […]

183 S.E.2d 20 CITY OF ALBANY v. KEY. 45956.Court of Appeals of Georgia.ARGUED FEBRUARY 3, 1971. DECIDED JUNE 8, 1971. 1. The Recorder of the City of Albany did not exceed the valid powers granted by law in the imposition of punishment for the violation of city ordinances. 2. The recorder was authorized, under the […]

78 S.E.2d 72 IRBY v. RALEY et al. 34763.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1953. 1. The court did not err in denying the motion to dismiss the proceeding, based on the ground that the processioners’ return should have been filed with the board of commissioners of roads and revenues instead of the […]

270 S.E.2d 405 ASSURANCE COMPANY OF AMERICA et al. v. SHEPHERD. 59144.Court of Appeals of Georgia.SUBMITTED JANUARY 11, 1980. DECIDED JUNE 20, 1980. SOGNIER, Judge. The employer and insurance carrier appeal from an order of the superior court affirming an award of the State Board of Workers’ Compensation. Page 37 Shepherd worked for Classic City […]

200 S.E.2d 902 MARSHALL v. THE STATE. 48412.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1973. DECIDED SEPTEMBER 26, 1973. EBERHARDT, Presiding Judge. Defendant was tried and convicted of involuntary manslaughter, carrying a pistol without a license, and carrying a concealed pistol. This appeal followed. Held: 1. The general grounds of the motion for new trial […]

461 S.E.2d 290 CAREY v. BRADFORD et al. A95A1480.Court of Appeals of Georgia. DECIDED AUGUST 4, 1995. BIRDSONG, Presiding Judge. Ransom D. Carey appeals the grant of directed verdict to defendants H. M. Brad Bradford, Sonja Whitaker, Brad Bradford Realty, Inc., and Parkway Properties, Inc., whom Carey sued as the owners and managers of the […]

220 S.E.2d 697 GENERAL RECORDING CORPORATION v. CHADWICK. 50855.Court of Appeals of Georgia.ARGUED JULY 1, 1975. DECIDED SEPTEMBER 23, 1975. REHEARING DENIED OCTOBER 21, 1975. DEEN, Presiding Judge. This case represents an interlocutory appeal from an order granting the appellee the expenses and attorney fees incident to appearing in response to a notice to take […]

548 S.E.2d 124 SCOTT v. BATTLE; and vice versa. MI-038 MI-039 A01A0806; A01A0807.Court of Appeals of Georgia. DECIDED: APRIL 30, 2001 MILLER, Judge. Plaintiff Lee Scott initiated this case by petitioning for a writ of possession, alleging that defendant Donald E. Battle, d/b/a Divine Faith Outreach Ministries (also known as Divine Faith Ministries), failed to […]

303 S.E.2d 465 SIBLEY v. THE STATE. 65648.Court of Appeals of Georgia. DECIDED MARCH 16, 1983. REHEARING DENIED MARCH 31, 1983. DEEN, Presiding Judge. Ralph Sibley appeals from his conviction of violating the Georgia Controlled Substances Act following the denial of his motion for a new trial. 1. The trial court did not err in […]

347 S.E.2d 701 COMMERCIAL UNION INSURANCE COMPANY v. SMITH. 72766.Court of Appeals of Georgia. DECIDED JULY 10, 1986. DEEN, Presiding Judge. On June 23, 1982, Boston Commons Properties, Inc., by and through its president, appellee Richard L. Smith, applied for a surety bond from the appellant, Commercial Union Insurance Company (Commercial). The bond was issued […]

408 S.E.2d 811 IVEY et al. v. GOLDEN KEY REALTY, INC. et al. A91A0300.Court of Appeals of Georgia. DECIDED JULY 2, 1991. RECONSIDERATION DENIED JULY 17, 1991. CARLEY, Judge. The relevant facts in the instant appeal are as follows: Appellant- plaintiffs entered into a contingency contract to sell certain real property. As to this contract, […]