Category: Georgia Court of Appeals Opinions

409 S.E.2d 878 PLATT v. THE STATE. A91A0167.Court of Appeals of Georgia. DECIDED JULY 16, 1991. RECONSIDERATION DENIED JULY 31, 1991. McMURRAY, Presiding Judge. Defendant was convicted and sentenced for trafficking in cocaine on September 21, 1989. Thereafter, on February 26, 1990, the trial court entered an order granting defendant’s motion for a new trial. […]

679 S.E.2d 118 MOCK v. THE STATE. No. A09A1591.Court of Appeals of Georgia. DECIDED MAY 22, 2009. BLACKBURN, Presiding Judge. Following a jury trial, Tony Darnell Mock was convicted of burglary and related crimes in October 2007. His counsel filed no notice of appeal nor any motion for new trial. In February 2009, Mock (acting […]

679 S.E.2d 97 MERRITT et al. v. MARLIN OUTDOOR ADVERTISING, LTD. No. A09A0593.Court of Appeals of Georgia. DECIDED MAY 21, 2009. MIKELL, Judge. This is a dispute between Thomas G. Merritt, owner of Waterway on the Ogeechee, Inc. (collectively, “Merritt”), a campground, and Marlin Outdoor Advertising, Ltd., a billboard advertising business whose president is Walter […]

572 S.E.2d 760 GRIZZARD v. THE STATE. A02A0885.Court of Appeals of Georgia. DECIDED: OCTOBER 22, 2002 Pope, Senior Appellate Judge. William Grizzard was indicted on two counts of aggravated child molestation (OCGA § 16-6-4(c)), one count of statutory rape (OCGA § 16-6-3), and one count of aggravated sexual battery (OCGA § 16-6-22.2) involving one of […]

702 S.E.2d 51 CHATMAN v. THE STATE. No. A10A0953.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 2010. MIKELL, Judge. In a bifurcated trial, a Chatham County jury convicted Kenneth Ray Chatman, Jr., of armed robbery, aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted […]

117 S.E.2d 237 MILLER v. LIFE CASUALTY INSURANCE COMPANY OF TENNESSEE. 38527.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1960. Where the evidence shows without dispute that the death of the insured was proximately caused by the combined effects of injury sustained in an accident and a pre-existing disease, there can be no recovery under […]

100 S.E.2d 212 SWANSON v. HODGES. 36757.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1957. REHEARING DENIED OCTOBER 22, 1957. 1. Where evidence is admissible for a limited purpose, it is not reversible error for the trial court to fail to instruct the jury of such limited application in the absence of a timely written […]

621 S.E.2d 548 COBB v. THE STATE. A05A1437.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 2005. BERNES, Judge. Following a bench trial in the Muscogee County Superior Court, appellant Michael Cobb was convicted of burglary. He appeals from the denial of his motion for new trial challenging the sufficiency of the evidence to support his […]

598 S.E.2d 892 McKENNA LONG ALDRIDGE, LLP v. KELLER. A04A0624.Court of Appeals of Georgia. DECIDED April 22, 2004 — CERT. APPLIED FOR. SMITH, Chief Judge. We granted this application for interlocutory appeal to consider whether a party to a legal dispute may bring an action against an adversary’s attorney for negligence. We conclude that such […]

232 S.E.2d 631 HARDIN v. THE STATE. 53164.Court of Appeals of Georgia.SUBMITTED JANUARY 5, 1977. DECIDED JANUARY 27, 1977. MARSHALL, Judge. Appellant Hardin was indicted, tried, and convicted of four separate counts of theft by receiving stolen property. He was sentenced to serve four years on each conviction, to be served consecutively. The facts reflect […]

425 S.E.2d 414 ROBERTS v. ROBERTS. A92A1109.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1992. SOGNIER, Chief Judge. Ethel Roberts brought suit against James Roberts and obtained a judgment establishing easements across his property and enjoining him from interfering with the easements. Four months later, Ms. Roberts filed a motion for contempt alleging that Mr. […]

57 S.E.2d 354 VINING v. THE STATE (two cases). 32829, 32830.Court of Appeals of Georgia. DECIDED JANUARY 26, 1950. 1. Where a signature is attacked on the ground of forgery, it is permissible to introduce in evidence for purposes of comparison handwriting proved to be that of the defendant, as the genuineness or falsity of […]

224 S.E.2d 442 COOPER v. MERCANTILE NATIONAL BANK. 51470.Court of Appeals of Georgia.ARGUED NOVEMBER 3, 1975. DECIDED JANUARY 29, 1976. REHEARING DENIED FEBRUARY 16, 1976. MARSHALL, Judge. This is an appeal by the maker of a promissory note, Dr. Cooper, from a verdict and monetary judgment of $70,216.16 plus costs in favor of the payee, […]

22 S.E.2d 108 SOUTHERN LOAN AND INVESTMENT COMPANY v. THE STATE. 29619, 29631, 29632, 29648.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1942. In determining whether a contract is usurious the substance of the transaction will be critically examined, for the name by which the transaction is called is wholly immaterial where it appears that […]

122 S.E.2d 339 GOLDSTEIN et al. v. IPSWICH HOSIERY COMPANY, INC. 38948.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1961. REHEARING DENIED SEPTEMBER 29, 1961. The general grounds of the motion for a new trial and the thirty-six special grounds added by amendment are considered and disposed of in the opinion, together with the five […]

250 S.E.2d 540 WATSON v. THE STATE. 56378.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1978. DECIDED OCTOBER 16, 1978. REHEARING DENIED NOVEMBER 2, 1978. DEEN, Presiding Judge. Lavarn C. Watson was convicted of rape and sentenced to a term of twenty years. Ten years are to be served in the penitentiary, followed by ten years […]

598 S.E.2d 895 CHRISTIAN et al. v. ATHA et al. A04A1169.Court of Appeals of Georgia. DECIDED APRIL 23, 2004. ANDREWS, Presiding Judge. At issue is whether the trial court properly granted summary judgment in favor of some of the defendants sued by Jeanne P. Christian in her medical malpractice action on the basis that, as […]

352 S.E.2d 647 MITCHELL v. THE STATE. 73275.Court of Appeals of Georgia. DECIDED JANUARY 6, 1987. POPE, Judge. Bobby Lewis Mitchell brings this appeal from his conviction of kidnapping (two counts), rape, and aggravated assault (two counts). In his sole enumeration of error appellant challenges the denial of his motion to suppress evidence seized from […]

490 S.E.2d 527 LOVE v. THE STATE. A97A1090.Court of Appeals of Georgia. DECIDED JULY 30, 1997. BLACKBURN, Judge. Jerry Love appeals his conviction of misdemeanor possession of marijuana. Love was indicted on charges of manufacture of marijuana, possession of a firearm by a convicted felon, and possession of marijuana. At trial, the jury found Love […]

30 S.E.2d 502 SHEEHAN v. CITY COUNCIL OF AUGUSTA. 30428.Court of Appeals of Georgia. DECIDED MAY 6, 1944. REHEARING DENIED JUNE 7, 1944. 1. The court did not err in overruling the demurrer to the amendment to the defendant’s answer. 2. In an action in assumpsit for money had and received, where the jury was […]

55 S.E.2d 904 JONES et al., Tax Assessors, v. JOHNSON. 32704.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1949. REHEARING DENIED NOVEMBER 2, 1949. The owner of a farm located in this State who resides in a dwelling house situated on the farm is entitled to a homestead exemption as to the entire tract of […]

172 S.E.2d 365 SCOTT v. RYDER TRUCK LINES, INC. 44558.Court of Appeals of Georgia.ARGUED JULY 9, 1969. DECIDED DECEMBER 16, 1969. WHITMAN, Judge. This case involves a suit by Hugh H. Scott, appellant, on a contract. As to one of the complaint’s allegations the defendant, “Ryder,” sought and received a summary judgment. It is from […]

542 S.E.2d 137 IN THE INTEREST OF N.Y. et al., children. A00A2303.Court of Appeals of Georgia. DECIDED: NOVEMBER 8, 2000 ELDRIDGE, Judge. The natural father of N. Y. and M. Y. appeals the Whitfield County Juvenile Court’s order extending the temporary legal custody Page 724 of his children with the Whitfield County Department of Family […]

327 S.E.2d 782 THE STATE v. ROGERS. 69126.Court of Appeals of Georgia. DECIDED MARCH 5, 1985. SOGNIER, Judge. The State appeals the trial court’s grant of Rogers’ pretrial motion to suppress certain tape recordings. Jerry Sanders and appellee Rogers were prime suspects in the alleged Page 654 murder of Harold Justus on March 4, 1983. […]

276 S.E.2d 899 SMITH et al. v. BARFIELD. 60729.Court of Appeals of Georgia. DECIDED JANUARY 28, 1981. BIRDSONG, Judge. Trespass. Leonard and Rose Marie Smith are the owners of property in DeKalb County. To the rear of their property lies the contiguous property of Barfield and Fortman. Serving, in effect as a boundary between the […]

373 S.E.2d 830 McKENZIE v. THE STATE. 77097.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1988. BIRDSONG, Chief Judge. Richard A. McKenzie was indicted for murder but convicted of involuntary manslaughter. The court entered judgment upon the jury verdict and then denied appellant’s motion for new trial. McKenzie brings this appeal. Several workers from a […]

477 S.E.2d 139 JONES ET AL. v. ISOM. A96A1571.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1996. RUFFIN, Judge. Sanchez Green and the passengers in his car sued Kelvin Isom for injuries allegedly sustained in an automobile collision which occurred on February 1, 1993. The complaint was filed in Fulton County on January 21, 1994. […]

317 S.E.2d 242 TRANS-STATE, INC. et al. v. BARBER. 66975.Court of Appeals of Georgia. DECIDED MARCH 5, 1984. REHEARING DENIED MARCH 19, 1984. CARLEY, Judge. Appellee-plaintiff brought suit to recover $8,545.50, an amount representing the value of diesel fuel that it had sold on account. It is undisputed that the account was in the name […]

501 S.E.2d 22 IN THE INTEREST OF A. W., A CHILD. A98A0612; A98A061.Court of Appeals of Georgia. DECIDED MARCH 31, 1998. ELDRIDGE, Judge. On November 16, 1995, A. W., a baby, was adjudicated as deprived and committed to the custody of the Whitfield county Department of family and Children Services (“DFACS”). This is an appeal […]

268 S.E.2d 76 CORLEY v. THE STATE. 59541.Court of Appeals of Georgia.SUBMITTED MARCH 3, 1980. DECIDED APRIL 9, 1980. QUILLIAN, Presiding Judge. The defendant appeals from the revocation of his probated sentence. Held: 1. Defendant was serving a probated sentence following conviction of two counts of theft by taking. On August 8, 1979, he was […]

329 S.E.2d 252 MILLER v. THE STATE. 69480.Court of Appeals of Georgia. DECIDED MARCH 8, 1985. REHEARING DENIED MARCH 20, 1985. DEEN, Presiding Judge. Timothy Miller and his brother Travis met Roger Wallace at “Bud’s,” a bar identified only as being located on “Brainerd Road.” The men got into Wallace’s van and visited “T. J.’s,” […]

634 S.E.2d 184 SMITHSON v. THE STATE. No. A06A1101.Court of Appeals of Georgia. DECIDED JULY 11, 2006. SMITH, Presiding Judge. John Lewis Smithson was charged with manufacturing marijuana and attempting to distribute marijuana following the discovery of several patches of marijuana plants growing in the wooded lot behind his home. The jury deadlocked on the […]

438 S.E.2d 708 INGRAM v. THE STATE. A93A1477.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1993. SMITH, Judge. Tommy H. Ingram was charged with incest, aggravated sodomy, and sodomy as a lesser included offense. OCGA §§ 16-6-22 (a) (1); 16-6-2 (a). The victim in all three counts was his natural daughter, who was over the […]

627 S.E.2d 862 WARD v. THE STATE. A05A2288.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 2006. RUFFIN, Chief Judge. Karen Lynn Ward appeals her conviction for possessing methamphetamine, arguing that she was unlawfully detained and patted down by the arresting officer and that the trial court should have suppressed the drugs the officer found. For […]

99 S.E.2d 575 NASH v. ELZEY et al. 36780.Court of Appeals of Georgia. DECIDED JULY 9, 1957. REHEARING DENIED JULY 25, 1957. FELTON, C. J. The plaintiff in error filed a rule in the Civil Court of Fulton County against the marshal and deputy marshal of that court praying that an eviction of the plaintiff […]

448 S.E.2d 487 HARDY et al. v. CANDLER COUNTY et al. A94A1514.Court of Appeals of Georgia. DECIDED AUGUST 19, 1994. RECONSIDERATION DENIED SEPTEMBER 12, 1994. ANDREWS, Judge. On August 25, 1993, Cora and Bobby Hardy and Rosa Kegler filed a complaint for personal injury against Candler County, the State of Georgia and John Does I-IV. […]

405 S.E.2d 105 HOUSTON v. CAVANAGH et al. A90A2259.Court of Appeals of Georgia. DECIDED MARCH 15, 1991. REHEARING DENIED MARCH 28, 1991. POPE, Judge. We granted interlocutory review to consider the trial court’s denial of a motion to recuse by counsel for appellant/plaintiff Sargus Houston. The motion to recuse came after the underlying case was […]

292 S.E.2d 511 BRIGHT v. THE STATE. 63822.Court of Appeals of Georgia. DECIDED JUNE 18, 1982. SHULMAN, Presiding Judge. Appellant was convicted of burglary and now raises as his enumerations of error the denial of his motion for new trial and the admission of the testimony of a state’s witness who had violated the rule […]

298 S.E.2d 290 MALLORY v. THE STATE. 64405.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1982. McMURRAY, Presiding Judge. Defendant was charged in separate accusations with the offenses of misdemeanor (criminal trespass in two counts) and giving a false name to a law enforcement officer. Defendant was tried before the court without a jury. He […]

83 S.E.2d 36 HODGES v. CITY COUNCIL OF AUGUSTA. 34964.Court of Appeals of Georgia. DECIDED JUNE 1, 1954. REHEARING DENIED JUNE 23, 1954. Whether the defendant city was negligent in maintaining a depression in the pavement of a street next to the sidewalk, as a result of which the plaintiff sustained injuries, was a question […]

480 S.E.2d 284 WALTON v. STATE. A96A2295.Court of Appeals of Georgia. DECIDED JANUARY 15, 1997. ANDREWS, Chief Judge. Terry Walton appeals the conviction entered on a jury verdict finding him guilty of two counts of simple battery. Walton argues the evidence was insufficient to support the verdict and the trial court erred in denying his […]

446 S.E.2d 798 REPUBLIC CLAIMS SERVICE COMPANY v. HOYAL. A93A0800.Court of Appeals of Georgia. DECIDED JUNE 22, 1994. BIRDSONG, Presiding Judge. In Republic Claims Svc. Co. v. Hoyal, 264 Ga. 127 (441 S.E.2d 755), the Supreme Court reversed our decision in this case, reported at 210 Ga. App. 88 (435 S.E.2d 612). The judgment of […]

424 S.E.2d 4 STARNES v. THE STATE. A92A1438.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. RECONSIDERATION DENIED OCTOBER 22, 1992. CARLEY, Presiding Judge. Appellant was tried before a jury and found guilty of rape, attempted rape, incest, cruelty to children, and four counts of aggravated sodomy. He appeals from the judgments of conviction and […]

198 S.E.2d 510 WEST COURT SQUARE v. ASSAYAG. 48068.Court of Appeals of Georgia.ARGUED APRIL 10, 1973. DECIDED APRIL 19, 1973. REHEARING DENIED MAY 9, 1973. PANNELL, Judge. West Court Square, a limited partnership, instituted a dispossessory proceeding against David Assayag and he was duly served on September 25, 1972, he filed defenses asserting that plaintiff […]

605 S.E.2d 130 NGUYEN v. THE STATE. A04A2248.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 2004. ELDRIDGE, Judge. A DeKalb County jury convicted Hien Van Nguyen of a single count of aggravated assault with a deadly weapon (OCGA § 16-5-21 (a) (2)).[1] He was sentenced to 20 years confinement. Granted leave to file an out-of-time […]

335 S.E.2d 605 THE STATE v. DULL. 70591.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1985. REHEARING DENIED SEPTEMBER 24, 1985. DEEN, Presiding Judge. On October 19, 1983, the appellee, Wayne Edward Dull, was arrested and charged with driving under the influence of alcohol. On January 20, 1984, Dull filed a motion in limine to […]

454 S.E.2d 167 DEPARTMENT OF TRANSPORTATION v. HARDAWAY COMPANY. A94A2474.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1995. SMITH, Judge. The Hardaway Company, the general contractor on a highway construction project for the Georgia Department of Transportation (“DOT”), brought this action seeking damages arising out of its work on the project. A discovery dispute arose […]

86 S.E.2d 642 SWAIN v. THE STATE. 35507.Court of Appeals of Georgia. DECIDED JANUARY 28, 1955. REHEARING DENIED FEBRUARY 18, 1955. 1. An admission by the defendant on trial of participation in a shooting which forms the basis of the crime charged is to be taken as direct rather than circumstantial evidence. Accordingly, it was […]

651 S.E.2d 491 MONTGOMERY v. THE STATE. No. A07A1469.Court of Appeals of Georgia. DECIDED AUGUST 30, 2007. JOHNSON, Presiding Judge. A jury found Damien Montgomery guilty of armed robbery. Montgomery appeals, alleging the trial court erred in its charge to the jury and erred in admitting his written statement and oral statement into evidence. We […]

665 S.E.2d 705 BICKERSTAFF REAL ESTATE MANAGEMENT, LLC et al. v. HANNERS et al. No. A08A1438.Court of Appeals of Georgia. Decided July 8, 2008. BLACKBURN, Presiding Judge. In this action arising from the sale of commercial real estate, plaintiffs Bickerstaff Real Estate Management, LLC and Bickerstaff Imports, Inc. (collectively “Bickerstaff) sued defendants Earl Hanners, Jr., […]

174 S.E.2d 251 HEMPHILL et al. v. HOME INSURANCE COMPANY et al. 44782.Court of Appeals of Georgia.ARGUED SEPTEMBER 3, 1969. DECIDED MARCH 6, 1970. 1. The permission required of a named insured under the omnibus clause of an automobile liability policy defining as an additional insured “any other person using such automobile with the permission […]

160 S.E.2d 641 STATE HIGHWAY DEPARTMENT v. KNOX-RIVERS CONSTRUCTION COMPANY. 43014.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1967. DECIDED MARCH 11, 1968. REHEARING DENIED MARCH 26, 1968. 1, 2. Where the blueprints or plans for a highway construction contract showing a source of soil or “soil pit” are prepared by the State Highway Department and, […]

233 S.E.2d 62 AMERICAN HOME ASSURANCE COMPANY v. DORSETT et al. 53273.Court of Appeals of Georgia.SUBMITTED JANUARY 6, 1977. DECIDED JANUARY 18, 1977. REHEARING DENIED FEBRUARY 8, 1977. DEEN, Presiding Judge. While the evidence in this case is confusing at best it does at least support the trial judge’s finding in effect that the appellee […]

127 S.E.2d 683 RUTLEDGE v. DIXIE AUTOMOBILE INSURANCE COMPANY. 39641.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1962. The trial court erred in sustaining the general demurrer of the defendant insurance company to the petition of the plaintiff insured seeking to recover damages allegedly sustained by the plaintiff as a result of the defendant’s failure […]

441 S.E.2d 851 LEWIS v. THE STATE. A94A0295.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1994. RECONSIDERATION DENIED MARCH 8, 1994. JOHNSON, Judge. John L. Lewis was tried and convicted of a single count of child molestation involving his stepdaughter, and he appeals. 1. Lewis contends that the trial court erred in denying his motion […]

598 S.E.2d 334 MARTINEZ et al. v. DAVITA, INC. et al. A03A1791.Court of Appeals of Georgia. DECIDED MARCH 17, 2004. RECONSIDERATION DENIED APRIL 2, 2004. ANDREWS, Presiding Judge. Defendants below[1] appeal from the trial court’s grant of a preliminary injunction to plaintiffs DaVita, Inc. and its subsidiary, Renal Treatment Centers — Mid-Atlantic, Inc., in their […]

258 S.E.2d 34 HOUSTON v. ROBERTS et al. 57691.Court of Appeals of Georgia.SUBMITTED APRIL 10, 1979. DECIDED JUNE 19, 1979. UNDERWOOD, Judge The trial court instructed the jury: “If you find that the plaintiff is … entitled to recover, then you cannot find that she is entitled to recover on any more than one of […]

13 S.E.2d 116 JOHNSON v. THE STATE. 28629.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1941. 1. The evidence, though slight, was sufficient to support the verdict. 2. The presumption was that the tickets, which the jury had the right to find were lottery tickets recently in use, belonged to the husband; but the conduct […]

570 S.E.2d 627 THE STATE v. JOHNSON. A02A1109.Court of Appeals of Georgia. DECIDED: AUGUST 23, 2002 JOHNSON, Presiding Judge. The state appeals from the state court’s order granting Stephen Johnson’s motion to dismiss a DUI accusation and transferring the case back to the recorder’s court for resolution. For the reasons set forth below, we reverse […]

349 S.E.2d 785 SHINGLER et al. v. COASTAL PLAIN PRODUCTION CREDIT ASSOCIATION. SHINGLER et al. v. FEDERAL LAND BANK OF COLUMBIA. 72982, 72983.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1986. BIRDSONG, Presiding Judge. This is an appeal by the debtors of the confirmation of a sale under a power contained in a deed to […]

97 S.E.2d 546 SANDERS v. DOWNTOWN LINCOLN MERCURY, INC. 36482.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1957. A bill of exceptions will not lie to a judgment which is not final and which would not have been final had it been rendered otherwise. The writ of error is dismissed. DECIDED FEBRUARY 27, 1957. Action […]

445 S.E.2d 315 SMITH v. HBT, INC. A94A1294.Court of Appeals of Georgia. DECIDED JUNE 3, 1994. RECONSIDERATION DENIED JUNE 16, 1994. BLACKBURN, Judge. The appellee, HBT, Inc., a Georgia corporation, brought the instant action seeking damages and injunctive relief against the appellant, Jeff Smith d/b/a South Georgia Agri Supply, based upon Smith’s alleged breach of […]

255 S.E.2d 120 CHAMBLISS v. THE STATE. 57470.Court of Appeals of Georgia.ARGUED MARCH 13, 1979. DECIDED APRIL 13, 1979. QUILLIAN, Presiding Judge. The defendant appeals his conviction of armed robbery of Wendy’s Hamburger Place in Americus, Georgia, on July 19, 1978 Held: 1. The general grounds are enumerated as error. Page 655 Beverly Bryant, an […]

521 S.E.2d 408 KENYADA v. THE STATE. A99A0870.Court of Appeals of Georgia. DECIDED: JULY 29, 1999. RUFFIN, Judge. A jury convicted Kareem Kenyada of two counts of criminal attempt to commit armed robbery, four counts of aggravated assault, one count of obstruction of an officer, and one count of possession of a firearm during the […]

657 S.E.2d 309 SALLINS v. THE STATE. No. A07A0072.Court of Appeals of Georgia. DECIDED JANUARY 30, 2008. MIKELL, Judge. Latorey Sallins pled guilty to rape and aggravated assault with a deadly weapon on March 16, 2006, and was sentenced to 20 years by the Camden County Superior Court. Sallins filed a motion to withdraw his […]

596 S.E.2d 215 GIBSON v. TIM’S CRANE RIGGING, INC. A03A2335.Court of Appeals of Georgia. DECIDED MARCH 3, 2004. RUFFIN, Presiding Judge. Jeff Gibson was injured when he was shocked while working on a construction site. Gibson sued Tim’s Crane Rigging, Inc. (“Tim’s Crane”), alleging that the negligence of its crane operator caused the incident. Tim’s […]

471 S.E.2d 284 WILLIAMS v. STEPLER ET AL. A96A0653.Court of Appeals of Georgia. DECIDED MAY 8, 1996. BIRDSONG, Presiding Judge. Appellee Sharon Stepler filed a petition under the Family Violence Act (OCGA § 19-13-1 et seq.) against Williams, contending he committed an act of “family violence” against the parties’ child, age 11 years. At the […]

212 S.E.2d 439 CARTER v. TATUM et al. 49569.Court of Appeals of Georgia.ARGUED SEPTEMBER 9, 1974. DECIDED FEBRUARY 7, 1975. REHEARING DENIED MARCH 21, 1975. QUILLIAN, Judge. George W. Tatum brought a complaint in the Civil Court of Fulton County against Roy H. Carter. The complaint alleged that while the plaintiff’s wife was driving his […]

228 S.E.2d 391 NOBLES v. THE STATE. 52503.Court of Appeals of Georgia.SUBMITTED JULY 7, 1976. DECIDED JULY 16, 1976. McMURRAY, Judge. Defendant was indicted and convicted of selling and delivering marijuana to another for a valuable consideration, in violation of the Georgia Controlled Substances Act. He was committed to the Youthful Offender Division, Department of […]

258 S.E.2d 21 UNIVERSITY CAB, INC. v. FAGAN. 57814.Court of Appeals of Georgia.SUBMITTED MAY 9, 1979. DECIDED JUNE 7, 1979. REHEARING DENIED JUNE 22, 1979. BIRDSONG, Judge. The superior court affirmed an award of workers’ compensation and this appeal has followed. The claimant-appellee is the widow of Joseph Fagan who died in an accident in […]

312 S.E.2d 184 JOHNSON v. THE STATE. 66479.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1983. POPE, Judge. Mattie Jean Johnson was charged and convicted of voluntary manslaughter in the shooting death of Johnny B. Clayton. Johnson was sentenced to serve fifteen years. She appeals, enumerating five errors. The evidence, taken in a light most […]

349 S.E.2d 270 R. L. MATHIS CERTIFIED DAIRY COMPANY v. ALEXANDER ALEXANDER, INC. 72849.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1986. McMURRAY, Presiding Judge. This appeal arises from a suit on account filed by Alexander and Alexander, Inc. (“A A”) against R. L. Mathis Certified Dairy Company (“Mathis”). Acting as an insurance broker, A […]

598 S.E.2d 791 DIVERSIFIED GOLF, LLC v. HART COUNTY BOARD OF TAX ASSESSORS (two cases). A03A2276, A03A2317.Court of Appeals of Georgia. DECIDED MARCH 26, 2004. RECONSIDERATION DENIED APRIL 13, 2004 — CERT. APPLIED FOR. ADAMS, Judge. The City of Hartwell acquired land to create a spray field for disposing treated wastewater, then decided to develop […]

230 S.E.2d 762 SHELTON v. BOWMAN TRANSPORTATION, INC. et al. 52747.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1976. DECIDED OCTOBER 28, 1976. QUILLIAN, Judge. The appellant (plaintiff below) brought this action in Fulton Superior Court against Bowman Transportation, Inc. (Bowman) and W. A. Robinson Associates (Robinson). The complaint alleged that appellant was an employee of […]

251 S.E.2d 823 SOUTHERN TRUST INSURANCE COMPANY v. CLARK et al. COMMERCIAL UNION INSURANCE COMPANY v. SOUTHERN TRUST INSURANCE COMPANY et al. 56816, 56817.Court of Appeals of Georgia.ARGUED OCTOBER 30, 1978. DECIDED DECEMBER 5, 1978. REHEARING DENIED DECEMBER 20, 1978. BIRDSONG, Judge. The appellant Southern Trust Insurance Co. brings this appeal to an adverse result […]

427 S.E.2d 795 THE STATE v. BETHUNE. A92A2064.Court of Appeals of Georgia. DECIDED JANUARY 29, 1993. RECONSIDERATION DENIED FEBRUARY 11, 1993. CARLEY, Presiding Judge. Appellee was charged with giving a false statement in violation of OCGA § 16-10-20 and possession of marijuana with intent to distribute. He filed a motion to suppress the marijuana, which […]

444 S.E.2d 368 THE STATE v. BLACK. A94A0887.Court of Appeals of Georgia. DECIDED MAY 10, 1994. RECONSIDERATION DENIED MAY 27, 1994. BEASLEY, Presiding Judge. The State appeals the trial court’s grant of defendant Black’s motion for discharge and acquittal pursuant to OCGA § 17-7-170 (b). See OCGA § 5-7-1; State v. Benton, 246 Ga. 132 […]

425 S.E.2d 661 RAMSDELL et al. v. STATE AUTO MUTUAL INSURANCE COMPANY. WALSH et al. v. STATE AUTO MUTUAL INSURANCE COMPANY. A92A1137, A92A1138.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. RECONSIDERATIONS DENIED OCTOBER 13, 1992 AND NOVEMBER 19, 1992. POPE, Judge. Effective May 24, 1989, State Auto Mutual Insurance Company (“State Auto”) issued a […]

135 S.E.2d 449 ROBERTS v. GWINNETT COUNTY. 40463.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1964. The law in this case was made when the case was reviewed by this court on its first appearance here. No facts alleged in the substituted petition require any change in the prior ruling to the effect that the […]

480 S.E.2d 391 KILGORE ET AL. v. GOLD KIST, INC. ET AL. AND NORTH ET AL. v. STEPHENS ET AL. (TWO CASES). A96A2252, A96A2253.Court of Appeals of Georgia. DECIDED JANUARY 29, 1997. McMURRAY, Presiding Judge. Louise Hutchison (“the deceased”) was fatally injured when Thomas Stephens, while acting within the scope of his employment with Gold […]

502 S.E.2d 263 ENTERTAINMENT SALES COMPANY v. SNK, INC. A98A0611.Court of Appeals of Georgia. DECIDED APRIL 15, 1998 — RECONSIDERATION DENIED MAY 27, 1998. BLACKBURN, Judge. Entertainment Sales Company, d/b/a Entertainment Sales, Inc. (ESI), appeals the superior court’s grant of summary judgment to SNK, Inc. (SNK) on ESI’s breach of contract claim. We affirm. SNK […]

373 S.E.2d 807 GOSS v. MATHIS. 76560.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1988. REHEARING DENIED OCTOBER 6, 1988. POPE, Judge. Plaintiff Edward M. Goss entered into an agreement with defendant Charlie G. Mathis for Mathis to construct a lake on Goss’s property. Goss brought suit against Mathis alleging, inter alia, that the agreement […]

242 S.E.2d 489 GREENE v. COLONIAL STORES, INC. 54877.Court of Appeals of Georgia.ARGUED NOVEMBER 9, 1977. DECIDED JANUARY 30, 1978. QUILLIAN, Presiding Judge. Plaintiff Greene brought an action in Fulton County against Colonial Stores alleging malicious prosecution. When the action came on for a pre-trial hearing the parties discussed settlement possibilities. Offers and Page 646 […]

507 S.E.2d 549 IN THE INTEREST OF A.C., a child. A98A1079.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1998. Judge Harold R. Banke. The biological father of A.C. appeals the termination of his parental rights. Although the biological father and A.C.’s mother are not married, the father’s petition to legitimize A.C. has been granted. The […]

236 S.E.2d 141 PARKER v. THE STATE. 53875.Court of Appeals of Georgia.SUBMITTED MAY 9, 1977. DECIDED MAY 25, 1977. QUILLIAN, Presiding Judge. The defendant was charged with two counts of theft by taking. The amount allegedly taken in Count 1 was $230 and the amount allegedly taken in Count 2 was $180. The jury found […]

369 S.E.2d 298 OSTROFF v. COYNER. 75936.Court of Appeals of Georgia. DECIDED APRIL 27, 1988. REHEARING DENIED MAY 12, 1988. BIRDSONG, Chief Judge. Defendant-appellant Barton B. Ostroff appeals from a verdict and judgment for actual and punitive damages awarded to plaintiff-appellee Doug Coyner in an action for malicious abuse of process, and from orders for […]

205 S.E.2d 84 VULCAN MATERIALS COMPANY v. DOUGLAS; and vice versa. 48978, 48979.Court of Appeals of Georgia.ARGUED JANUARY 17, 1974. DECIDED FEBRUARY 19, 1974. STOLZ, Judge. Plaintiff Douglas filed a three count complaint against defendant Vulcan Materials Co., seeking unpaid commissions in the first two counts, and damages for breach of his employment contract in […]

278 S.E.2d 648 NATIONAL DISTRIBUTING COMPANY, INC. et al. v. DEPARTMENT OF TRANSPORTATION et al. 60501.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1981. REHEARING DENIED MARCH 5, 1981. McMURRAY, Presiding Judge. The Department of Transportation of the State of Georgia, acting by and through its deputy commissioner, as grantee, entered into an agreement with […]

201 S.E.2d 828 BOSTICK v. THE STATE. 48438.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1973. DECIDED OCTOBER 11, 1973. EVANS, Judge. The defendant was convicted of the offense of theft by taking of a motor vehicle, from which conviction he appeals to this court. Held: The sole enumeration of error is that the verdict is […]

290 S.E.2d 164 RUSH v. FARMERS MERCHANTS BANK. 63455.Court of Appeals of Georgia. DECIDED APRIL 7, 1982. SHULMAN, Presiding Judge. After appellant defaulted on a car loan, appellee bank repossessed the automobile which secured the note. Appellee then filed suit against appellant for the unpaid portion of the debt, interest, and attorney fees. Appellant subsequently […]

9 S.E.2d 200 CLANCE v. MELTON. 28338.Court of Appeals of Georgia. DECIDED MAY 24, 1940. Since the petition shows on its face that the negligence of the alter ego of the master, acting as a fellow servant, and not as master, was the sole proximate cause of the injury to the fellow servant, the court […]

120 S.E.2d 342 TRUELOVE v. HULETTE. 38595.Court of Appeals of Georgia. DECIDED APRIL 20, 1961. REHEARING DENIED MAY 10, 1961. In the absence of fraud, findings of fact made by a single director of the Workmen’s Compensation Board and affirmed on appeal by a superior court judge are binding on this court if there is […]

528 S.E.2d 530 PARKER v. THE STATE. A00A0319.Court of Appeals of Georgia. DECIDED: JANUARY 20, 2000. ELDRIDGE, Judge. A Washington County jury found Gerald Lee Parker guilty of armed robbery, aggravated battery, and kidnaping with bodily injuries for offenses he perpetrated at the Movie Gallery in Sandersville, Georgia; three additional counts of the indictment involving […]

24 S.E.2d 143 FOSTER v. MAYOR AND CITY COUNCIL OF CARROLLTON. 29918.Court of Appeals of Georgia. DECIDED JANUARY 27, 1943. SUTTON, J. 1. The violation of a criminal statute does not necessarily constitute a nuisance. Dean v. State, 151 Ga. 371, 375 (106 S.E. 792, 40 A.L.R. 1132); Warren Co. v. Dickson, 185 Ga. 481, […]

288 S.E.2d 783 SEITZINGERS, INC. et al. v. BARNES. 63134.Court of Appeals of Georgia. DECIDED MARCH 5, 1982. REHEARING DENIED MARCH 31, 1982. CARLEY, Judge. Appellee-employee filed a workers’ compensation claim alleging a disability resulting from an occupational disease as defined in Code Ann. § 114-803. Appellee’s claim was referred to the Medical Board pursuant […]

449 S.E.2d 903 CHAPMAN v. THE STATE. A94A2417.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1994. BLACKBURN, Judge. Denward Chapman appeals his conviction by a jury of driving under the influence, less safe driver. On appeal, Chapman contends the trial court erred in excluding evidence of Officer Goosman’s professional misconduct. It is undisputed that at […]

423 S.E.2d 728 WIMBERLY v. THE STATE. A92A1359.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1992. SOGNIER, Chief Judge. Denny Wimberly was convicted of violating OCGA § 16-13-30 (b) by selling marijuana and he appeals. 1. Appellant first enumerates the general grounds. At trial, undercover agent Mike Gasaway of the Middle Georgia Narcotics Unit testified […]

251 S.E.2d 157 COOPER v. THE STATE. 56677.Court of Appeals of Georgia.SUBMITTED OCTOBER 10, 1978. DECIDED DECEMBER 1, 1978. BELL, Chief Judge. Defendant was convicted of aggravated battery. Held: Defendant’s sole enumeration is that the trial court erred in overruling his motion for a continuance. Defendant was arrested January 26, 1976, following the shooting. Advised […]

566 S.E.2d 33 CAYLOR v. THE STATE. A02A0611.Court of Appeals of Georgia. DECIDED: MAY 14, 2002. JOHNSON, Presiding Judge. A jury found Larry Caylor guilty of aggravated assault and stalking. He was found not guilty of aggravated stalking. Caylor contends his trial counsel was ineffective for failing to object in three instances. We find no […]