Category: Georgia Court of Appeals Opinions

472 S.E.2d 88 RAGAN ENTERPRISES, INC. v. L B CONSTRUCTION COMPANY, INC., ET AL. A96A0566.Court of Appeals of Georgia. DECIDED MAY 6, 1996 — RECONSIDERATION DENIED MAY 29, 1996 — CERT. APPLIED FOR. BIRDSONG, Presiding Judge. Ragan Enterprises, Inc. (“REI”), a subcontractor on a construction project, filed suit against the general contractor, L B Construction […]

398 S.E.2d 740 SANCHEZ v. THE STATE. ROCHE v. THE STATE. A90A0739, A90A0740.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1990. REHEARING DENIED NOVEMBER 6, 1990. SOGNIER, Judge. Johnny Sanchez and Donald Roche were convicted of trafficking in cocaine, and they appeal. 1. Appellants contend the trial court erred by denying their motion to suppress. […]

106 S.E.2d 298 SOUTHERN RAILWAY COMPANY v. JONES. 37273.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1958. REHEARING DENIED OCTOBER 14, 1958. The evidence authorized the verdict for the plaintiff, and no error is shown by the amended motion for new trial which requires the grant of the defendant’s motion for a new trial. DECIDED […]

170 S.E.2d 339 SCHAEFER v. MAYOR COUNCIL OF THE CITY OF ATHENS. 44671.Court of Appeals of Georgia.ARGUED SEPTEMBER 2, 1969. DECIDED SEPTEMBER 12, 1969. EBERHARDT, Judge. Carolyn Schaefer brought suit against the City of Athens, alleging that on November 6, 1967, she was injured when she fell on its defective sidewalk, later amending and alleging […]

6 S.E.2d 793 BARROW v. THE STATE. 27851.Court of Appeals of Georgia. DECIDED JANUARY 18, 1940. GUERRY, J. No error of law is complained of. The evidence amply supported the verdict. The defendant, a man, was charged with assault with intent to murder by beating a woman with his fists and setting her on fire. […]

450 S.E.2d 275 STEPHENS v. ERNIE’S STEAKHOUSE OF STONE MOUNTAIN, INC. STEPHENS v. SIGMA DEVELOPMENT, INC. A94A2529, A94A2625.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1994. BIRDSONG, Presiding Judge. Pamela Stephens appeals the grant of summary judgments to Ernie’s Steakhouse of Stone Mountain, Inc. and Sigma Development, Inc. in this slip and fall case. Ernie’s […]

172 S.E.2d 862 WADDELL v. CITY OF ATLANTA et al. 44977.Court of Appeals of Georgia.SUBMITTED JANUARY 8, 1970. DECIDED JANUARY 16, 1970. REHEARING DENIED FEBRUARY 3, 1970. EBERHARDT, Judge. This is an appeal from a certified order denying Minnie S. Waddell’s motion for summary judgment in a controversy between her and Ruth M. Hall over […]

241 S.E.2d 55 McFARLAND et al. v. SHONEY’S OF SAVANNAH SOUTH, INC. et al. 54873.Court of Appeals of Georgia.SUBMITTED NOVEMBER 1, 1977. DECIDED DECEMBER 5, 1977. McMURRAY, Judge. On October 7, 1974, Carol McFarland, a route delivery person, was making a delivery of merchandise to defendants. On this occasion the volume of merchandise being delivered […]

238 S.E.2d 766 E. H. SILER REALTY BUSINESS BROKER, INC. v. DARTY. 54322.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1977. DECIDED OCTOBER 5, 1977. BANKE, Judge. The appellant, E. H. Siler Realty Business Broker, Inc., appeals a jury verdict awarding it $500 on its suit against Ben Darty, the appellee, for breach of a business […]

710 S.E.2d 165 SOLID EQUITIES, INC. v. CITY OF ATLANTA. A10A1651Court of Appeals of Georgia, Second Division. DECIDED: MARCH 30, 2011 PHIPPS, Presiding Judge. Solid Equities, Inc. filed this action for damages against the City of Atlanta in connection with water service charges Solid Equities paid to the City to settle a bill incurred by […]

558 S.E.2d 440 FOCUS ENTERTAINMENT INTL., INC. v. PARTRIDGE GREENE, INC. A01A2486.Court of Appeals of Georgia. DECIDED: DECEMBER 19, 2001. ELDRIDGE, Judge. Focus Entertainment International, Inc., MS Zbosnik, Inc., Paul Fuller, Eric Clabaugh, and Peachtree Visuals, LLC d/b/a Inserection appeal from the grant of an interlocutory injunction granted to Partridge Greene, Inc., grantor of an […]

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 […]

615 S.E.2d 173 CRAWFORD v. HAUSNER SONS HOUSEMOVERS et al. A05A0180.Court of Appeals of Georgia. DECIDED MAY 20, 2005. MILLER, Judge. Scott Crawford sued Hausner Sons Housemovers and its owners (Hausner), Bituminous Casualty Corporation (Bituminous), and United Claims of Georgia, Inc. (United Claims), for damages sustained to a house being moved from one location to […]

296 S.E.2d 622 McELREATH v. THE STATE. 64597.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1982. BANKE, Judge. The defendant appeals, pro se, his convictions for burglary and theft. He was represented by appointed counsel in the trial court and pled guilty to both charges. He contends on appeal that his conviction of the burglary […]

295 S.E.2d 159 HAYES et al. v. THE STATE. 64074.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1982. SHULMAN, Presiding Judge. Appellants Hayes and Williams were tried for and convicted of motor vehicle theft. The trial court overruled their motion for new trial. On appeal, they challenge the sufficiency of evidence and seek a new […]

75 S.E.2d 264 VON GREMP v. BARILI et al. 34358.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1953. REHEARING DENIED FEBRUARY 28, 1953. 1. The general grounds of the motion for a new trial were abandoned; and the one special ground of the motion does not show any prejudicial or harmful error against the movant. […]

188 S.E.2d 429 INTEGRITY NATIONAL LIFE INSURANCE COMPANY v. DAVID. 46803.Court of Appeals of Georgia.ARGUED JANUARY 10, 1972. DECIDED JANUARY 31, 1972. REHEARING DENIED MARCH 2, 1972. QUILLIAN, Judge. 1. This is an appeal from the judgment of the superior court affirming an award of the State Board of Workmen’s Compensation. There was evidence that […]

498 S.E.2d 147 KENDRICK v. FUNDERBURK et al. A97A2219.Court of Appeals of Georgia. DECIDED MARCH 2, 1998. BIRDSONG, Presiding Judge. Jennifer H. Kendrick appeals the grant of summary judgment to Nelle M. Funderburk, Michael R. Funderburk, and the law firm of Funderburk Mobley (collectively “the Funderburks”) on her claims against them for abusive litigation under […]

398 S.E.2d 262 COX v. THE STATE. A90A1197.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1990. POPE, Judge. Defendant Gregory Cox was convicted of the armed robbery of a convenience store and appeals. 1. Defendant first argues the trial court erred in failing to rule on the admissibility of evidence of similar transactions prior to […]

361 S.E.2d 876 BARNES v. THE STATE. 74993.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1987. BANKE, Presiding, Judge. Barnes was convicted of rape, aggravated sodomy, and aggravated assault. He appeals the denial of his motion for new trial. Held: 1. The appellant challenges the sufficiency of the evidence, claiming that there was no corroboration […]

404 S.E.2d 324 GRIMES v. THE STATE. A90A1928.Court of Appeals of Georgia. DECIDED MARCH 13, 1991. McMURRAY, Presiding Judge. Defendant Grimes was charged by indictment with the offense of murder. Upon the trial of the case, a jury returned a verdict of guilty of involuntary manslaughter (in the commission of an unlawful act). Defendant appeals […]

340 S.E.2d 622 CARTER v. THE STATE. 71187.Court of Appeals of Georgia. DECIDED JANUARY 9, 1986. REHEARING DENIED FEBRUARY 4, 1986. CARLEY, Judge. Appellant was indicted for one count of cruelty to children and one count of child molestation. The alleged victim of both crimes was appellant’s young daughter. Appellant was tried before a jury […]

122 S.E.2d 751 HILLINGHORST v. HEART OF ATLANTA MOTEL, INC. 39030.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1961. REHEARING DENIED NOVEMBER 1, 1961. 1. Where the facts alleged in a petition show a relationship which gives rise to a duty to know, alternative allegations (that the defendant knew or should have known) are sufficient […]

437 S.E.2d 493 RIDER v. THE STATE. A93A1910.Court of Appeals of Georgia. DECIDED NOVEMBER 8, 1993. BLACKBURN, Judge. A jury found defendant Anthony Rider guilty of assault. Rider now appeals his conviction asserting the general grounds, and error in the imposition of restitution. 1. Rider’s first two enumerations of error deal with the sufficiency of […]

238 S.E.2d 754 WILSON v. CITIZENS BANK, PEACH COUNTY. 54349.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1977. DECIDED OCTOBER 4, 1977. BANKE, Judge. The appellant, Henry A. Wilson, appeals from a summary judgment for $90,000 entered against him as guarantor on a note. On April 18, 1975, Rivers Industries, Inc., executed a promissory note to […]

334 S.E.2d 312 THOMPSON v. THE STATE. 70071.Court of Appeals of Georgia. DECIDED JULY 9, 1985. REHEARING DENIED JULY 31, 1985. BEASLEY, Judge. Thompson appeals from the conviction and sentence in May 1984 for aggravated assault and driving under the influence of alcohol on September 23, 1983. His motion for new trial on the general […]

436 S.E.2d 728 PICCADILLY PLACE CONDOMINIUM ASSOCIATION, INC. v. FRANTZ. A93A1073.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1993. RECONSIDERATION DENIED OCTOBER 28, 1993. JOHNSON, Judge. Piccadilly Place Condominium Association, Inc. brought this action against unit owner Mark Frantz seeking a mandatory injunction and damages in connection with alleged violations of section 7 (f) of […]

490 S.E.2d 136 ENRON CAPITAL TRADE RESOURCES v. POKALSKY et al. A97A0583.Court of Appeals of Georgia. DECIDED JULY 14, 1997. RECONSIDERATION DENIED JULY 29, 1997 — CERT. APPLIED FOR. JOHNSON, Judge. Enron Capital Trade Resources, Inc. is in the business Page 728 of buying, selling, and supplying energy sources. Enron also trades energy commodities. Southern […]

522 S.E.2d 571 CROSBY v. THE STATE. A99A1370.Court of Appeals of Georgia. DECIDED: SEPTEMBER 16, 1999. POPE, Presiding Judge. William Crosby was tried and convicted of two counts of incest. He appeals, and for the following reasons, we affirm. Viewing the evidence in the light most favorable to the verdict, it showed that Crosby engaged […]

693 S.E.2d 613 WILLIAMS v. THE STATE. No. A10A0048.Court of Appeals of Georgia. APRIL 6, 2010. ANDREWS, Presiding Judge. Robert Ransom Williams W. was found guilty in a bench trial of violating OCGA § 40-5-146 (a) by operating a commercial motor vehicle without being issued a commercial driver’s license valid for the vehicle. Williams appeals […]

522 S.E.2d 257 BISCHOFF v. PAYNE. A99A0978.Court of Appeals of Georgia. DECIDED: SEPTEMBER 7, 1999. PHIPPS, Judge. Karen Bischoff filed this personal injury action against Vanessa Payne. Bischoff seeks damages for physical injuries allegedly received as a result of a November 1996 rear-end collision caused by Payne’s negligence. Bischoff appeals judgment on a jury verdict […]

29 S.E.2d 918 FRANCIS v. THE STATE. 30427.Court of Appeals of Georgia. DECIDED APRIL 20, 1944. BROYLES, C. J. 1. “It is well settled by repeated rulings of the Supreme Court and this court that on a trial for murder, if there is anything deducible from the evidence or the defendant’s statement that would tend […]

327 S.E.2d 862 POPE v. THE STATE. 69596.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1985. BENHAM, Judge. Appellant was convicted of violation of the Georgia Controlled Substances Act and sentenced to 10 years, 30 days to be served in confinement and the remainder to be served on probation. His attorney filed a motion to […]

494 S.E.2d 66 SINGLETON et al. v. PHILLIPS et al. A97A1699.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1997 — CERT. APPLIED FOR. ANDREWS, Chief Judge. Major Donna Phillips, an Army dentist, was involved in an automobile collision with Sebrina Singleton. Phillips sued Singleton for personal injury, and Phillips’ husband claimed loss of consortium. The […]

32 S.E.2d 916 PARKER v. FORD. 30761.Court of Appeals of Georgia. DECIDED JANUARY 31, 1945. The verdict was authorized by the evidence; no material error of law appears; and the court did not err in overruling the motion for a new trial. DECIDED JANUARY 31, 1945. Damages; from Walton superior court — Judge West. October […]

251 S.E.2d 163 WEBB v. NATIONAL DISCOUNT COMPANY, INC. 56827.Court of Appeals of Georgia.SUBMITTED NOVEMBER 6, 1978. DECIDED DECEMBER 1, 1978. McMURRAY, Judge. This case involves a suit on a note which was made under the “Georgia Industrial Loan Act.” See Code Ann. Ch. 25-3 (Ga. L. 1955, pp. 431, 444, as amended by Ga. […]

532 S.E.2d 699 RAHMAN v. DALKON SHIELD CLAIMANTS TRUST. A00A0685.Court of Appeals of Georgia. DECIDED: MARCH 27, 2000. McMURRAY, Presiding Judge. Our Supreme Court transferred appellant-plaintiff Rasheeda H. Rahman’s appeal of the state court’s dismissal of the underlying products liability action for our consideration, as involving legal, rather than equitable issues.[1] Plaintiff filed her complaint […]

258 S.E.2d 227 SMALLS et al. v. HARRISON. 57737.Court of Appeals of Georgia.SUBMITTED MAY 9, 1979. DECIDED JUNE 26, 1979. QUILLIAN, Presiding Judge. Mary P. Harrison, appellee, filed a petition for writ of possession, to foreclose a security interest in personal property, in the Richmond Superior Court, alleging that appellants executed a promissory note and […]

585 S.E.2d 211 FOWLER v. OUR LOVING MOTHER’S CHILDREN, INC. et al. A03A0675.Court of Appeals of Georgia. Decided July 11, 2003 ANDREWS, Presiding Judge. In this case, the following circumstances exist and are dispositive of the appeal: (1) The evidence supports the judgment; (2) No reversible error of law appears and an opinion would have […]

191 S.E.2d 883 MILLER v. THE STATE. KILPATRICK v. THE STATE. BALDSCHUN v. THE STATE. 46948, 46949, 46950.Court of Appeals of Georgia.ARGUED MARCH 1, 1972. DECIDED JULY 28, 1972. HALL, Presiding Judge. Defendants in three cases appeal from the denial of their motions to suppress certain evidence seized during an alleged illegal search. The warrant […]

143 S.E.2d 553 FOWLER v. THE STATE. 41378.Court of Appeals of Georgia.SUBMITTED JUNE 8, 1965. DECIDED JUNE 15, 1965. 1. Where a motion for mistrial was denied but in doing so the judge instructed the jury to disregard statements made by counsel in his argument which were the basis of the motion, and the motion […]

669 S.E.2d 509 BRAY v. THE STATE. No. A08A1349.Court of Appeals of Georgia. DECIDED: NOVEMBER 14, 2008. BERNES, Judge. A jury convicted John Anthony Bray of aggravated stalking and burglary. On appeal, Bray argues that the evidence was insufficient to sustain his conviction and that his trial counsel rendered ineffective assistance. We discern no error […]

229 S.E.2d 775 WHITE v. SEABOARD COAST LINE RAILROAD COMPANY. 52678.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1976. DECIDED SEPTEMBER 28, 1976. REHEARING DENIED OCTOBER 13, 1976. WEBB, Judge. The jury returned a verdict in favor of defendants Seaboard Coast Line Railroad Company and C. B. Thompson in this action brought by Arlene White for […]

244 S.E.2d 81 CANAL INSURANCE COMPANY v. P J TRUCK LINES, INC. et al. 55534.Court of Appeals of Georgia.ARGUED MARCH 2, 1978. DECIDED MARCH 17, 1978. REHEARING DENIED MARCH 31, 1978. DEEN, Presiding Judge. This is an action on a policy of insurance on a 1972 International Harvester tractor and attached Fruehauf semi-trailer van which […]

510 S.E.2d 907 CLARK v. THE STATE A98A1943.Court of Appeals of Georgia. DECIDED: JANUARY 19, 1999 — RECONSIDERATION DENIED JANUARY 29, 1999 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. In a special presentment, defendant LaShun Monte Clark and co-indictee Barron Anthony Blackshear were charged with a single Page 154 violation of the Georgia Controlled Substances […]

324 S.E.2d 803 GRAVITT v. THE STATE. 69078.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1984. McMURRAY, Chief Judge. Defendant was indicted for the offense of possession of a firearm by a convicted felon. It was alleged that on April 3, 1982, after having been convicted of numerous felonies, defendant possessed a certain “MAB” automatic […]

634 S.E.2d 466 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY v. MOSLEY. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY et al. v. MOSLEY. Nos. A06A0207, A06A0208.Court of Appeals of Georgia. DECIDED JULY 13, 2006. BERNES, Judge. Davetta L. Mosley sued her former employer, Metropolitan Atlanta Rapid Transit Authority (“MARTA”), and her former supervisor, Billy Richards, to recover actual and […]

259 S.E.2d 667 MELNICK v. BANK OF HIGHWOOD. 58131.Court of Appeals of Georgia.ARGUED JULY 9, 1979. DECIDED SEPTEMBER 7, 1979. QUILLIAN, Presiding Judge. Defendant Melnick appeals from the grant of summary judgment to the plaintiff bank’s action to domesticate a judgment obtained via a confession of judgment clause in a promissory note executed by Melnick. […]

19 S.E.2d 158 FORRESTER, commissioner, for use, v. NORTH GEORGIA ELECTRIC MEMBERSHIP CORPORATION. 29351.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1942. REHEARING DENIED MARCH 11, 1942. Under the agreed statement of facts the equipment of the defendant, consisting of poles, lines, transformers, and a substation, was used for the purpose of reducing by its […]

558 S.E.2d 449 WILLIAMS v. J. J. BUTLER, INC. D/B/A BUTLER LEXUS. A01A2402.Court of Appeals of Georgia. DECIDED: DECEMBER 19, 2001. ELDRIDGE, Judge. Mrs. Lillie M. Williams, as an invitee of J. J. Butler, Inc. d/b/a Butler Lexus, fell in crossing its parking lot where she claimed to have tripped over a “ridge” in the […]

101 S.E.2d 178 WEISS v. KLING. 36859.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1957. REHEARING DENIED OCTOBER 31, 1957. 1. The evidence demanded a verdict for the defendant on the prayers of the plaintiff’s petition, and the trial court erred in denying the defendant’s motion for a judgment non obstante veredicto as to such […]

497 S.E.2d 672 HARWELL v. THE STATE. A97A1952.Court of Appeals of Georgia. DECIDED MARCH 12, 1998. BEASLEY, Judge. Harwell was convicted of armed robbery (OCGA § 16-8-41 (a)) and aggravated assault with intent to rob (OCGA § 16-5-21 (a) (1)). He and an accomplice used a stun gun to rob the assistant manager at Harwell’s […]

305 S.E.2d 70 McGUIRE v. WINKLER. 66039.Court of Appeals of Georgia. DECIDED JUNE 23, 1983. SHULMAN, Chief Judge. This action was instituted by appellee to recover $2,200 from appellant as the balance due under a contract for the sale of certain welding equipment. Appellant had previously paid $4,500 on the contract, which is a simple […]

271 S.E.2d 706 CITY OF COLUMBUS et al. v. RICHARDSON. 60029, 60106.Court of Appeals of Georgia.SUBMITTED JUNE 2, 1980. DECIDED SEPTEMBER 5, 1980. SOGNIER, Judge. On November 28, 1979 appellee Norma Richardson, the owner of the Last Chance Grocery, was issued a license by appellant City of Columbus (City) to sell beer and wine for […]

183 S.E.2d 33 CLOVER REALTY COMPANY v. McLEOD. 46314.Court of Appeals of Georgia.ARGUED JUNE 1, 1971. DECIDED JULY 2, 1971. DEEN, Judge. By stipulation the only question in this action by a broker against the prospective purchaser of real estate for commissions is whether the contract providing for such fee is sufficiently definite to be […]

287 S.E.2d 643 MILLER v. THE STATE. 62851.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1981. BANKE, Judge. The defendant was indicted for two counts of kidnapping and one count of armed robbery. He pled guilty to all three offenses and was sentenced on March 31, 1981. A subsequent motion to withdraw these pleas was […]

517 S.E.2d 93 NORTH GEORGIA MEDICAL CENTER v. STOKES et al. A99A0364.Court of Appeals of Georgia. DECIDED: APRIL 30, 1999. JOHNSON, Chief Judge. Ermel Stokes drove his wife Gloria Stokes, who was suffering from pain in her chest and left arm, to the North Georgia Medical Center emergency department. She was treated by Dr. James […]

250 S.E.2d 839 COX et al. v. DEPARTMENT OF HUMAN RESOURCES. 56269.Court of Appeals of Georgia.ARGUED SEPTEMBER 18, 1978. DECIDED NOVEMBER 7, 1978. SHULMAN, Judge. The Coxes bring this appeal from an order terminating their parental rights with respect to their daughter. 1. In five enumerations of error, appellants contend that procedural defects in the […]

550 S.E.2d 473 IN THE INTEREST OF T. F., A CHILD. A01A1421.Court of Appeals of Georgia. DECIDED: JUNE 13, 2001 PHIPPS, Judge. Appellant, the mother of a five-year-old girl, appeals an order of the Juvenile Court of Pulaski County terminating her parental rights. She challenges the sufficiency of the evidence to support certain of the […]

459 S.E.2d 452 TESTON et al. v. COLLINS et al. A95A0361.Court of Appeals of Georgia. DECIDED JULY 13, 1995. POPE, Presiding Judge. Plaintiffs Tony Teston and his son Joseph Teston sued defendants, Bleckley County School District; Bleckley County Board of Education; each of the individual members of the Board of Education; the Superintendent of the […]

364 S.E.2d 580 MY FAIR LADY OF GEORGIA, INC. v. HARRIS. 75223.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1987. REHEARING DENIED JANUARY 4, 1988. BIRDSONG, Chief Judge. Gineva Harris became a member of My Fair Lady of Georgia in April of 1983 and on June 27, 1983, while using the facilities of My Fair […]

510 S.E.2d 621 MILLS v. BERLEX LABORATORIES, INC. A98A2288.Court of Appeals of Georgia. DECIDED JANUARY 5, 1999. McMURRAY, Presiding Judge. William Mills sued his former employer, Berlex Laboratories, Inc. (“Berlex”), alleging it wrongfully refused to provide him with short term disability benefits after the termination of his employment. Berlex defended the suit by asserting Mills’ […]

535 S.E.2d 497 MASON v. THE STATE. A00A0670.Court of Appeals of Georgia. DECIDED: MAY 9, 2000. JOHNSON, Chief Judge. Charles Mason was indicted for rape, child molestation and two counts of aggravated child molestation. He pled not guilty to the charges and proceeded to trial before a jury. After hearing more than two days of […]

109 S.E.2d 919 RESERVE LIFE INSURANCE COMPANY v. GAY. 37644.Court of Appeals of Georgia. DECIDED JUNE 4, 1959. 1. The motion to dismiss the writ of error is without merit for the reasons stated in the body of the opinion. 2. A trial judge has authority to grant a continuance ex parte, although the exercise […]

628 S.E.2d 217 FERRILL v. THE STATE. A05A2149.Court of Appeals of Georgia. DECIDED MARCH 8, 2006. ANDREWS, Presiding Judge. After a jury trial, Craig Ferrill was convicted on a variety of charges, including child molestation and statutory rape. He appeals on the grounds that the trial court erred in its charge to the jury and […]

131 S.E.2d 859 HEMBREE v. CHEVROLET MOTOR DIVISION, GENERAL MOTORS CORPORATION. 40202.Court of Appeals of Georgia. DECIDED JUNE 26, 1963. CARLISLE, Presiding Judge. 1. “In the absence of fraud, findings of fact made by the director and approved on appeal by the full board are binding on the court if there is any evidence to […]

114 S.E.2d 923 FULTON v. CHATTANOOGA PUBLISHING COMPANY, INC. 37606.Court of Appeals of Georgia. DECIDED MAY 24, 1960. BELL, Judge. The judgment of this court (Fulton v. Chattanooga Publishing Co., 100 Ga. App. 573, 112 S.E.2d 15) reversing the trial court’s denial of the motion to dismiss and granting the judgment notwithstanding the verdict, having […]

390 S.E.2d 638 SOUTHERN GUARANTY INSURANCE COMPANY v. NIXON. A89A1895.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1990. BANKE, Presiding Judge. This litigation commenced with the filing of an action by K E, Page 399 Ltd., which is not a party to this appeal, against the appellee, Clarence Nixon, d/b/a Nixon Construction Company, to recover […]

240 S.E.2d 259 HEALTHDYNE, INC. v. HENRY. 54282.Court of Appeals of Georgia.ARGUED SEPTEMBER 19, 1977. DECIDED OCTOBER 13, 1977. REHEARING DENIED NOVEMBER 18, 1977. McMURRAY, Judge. This is a suit for legal services and sums due on a promissory note allegedly executed in payment of legal services rendered by the attorney at law for Healthdyne, […]

169 S.E.2d 679 BLAIR et al. v. RAYBURN. 44337.Court of Appeals of Georgia.ARGUED MARCH 5, 1969. DECIDED JULY 9, 1969. WHITMAN, Judge. This case is here on appeal from the denial of a motion for summary judgment, certified for review. The complaint filed by the plaintiff below, Rayburn, seeks damages for medical expenses and loss […]

107 S.E.2d 260 COOK v. ATLANTA NEWSPAPERS, INC. 37489.Court of Appeals of Georgia. DECIDED JANUARY 15, 1959. The petition did not set forth a cause of action, and the trial court did not err in sustaining the general demurrer. DECIDED JANUARY 15, 1959. Libel. Fulton Superior Court. Before Judge Alverson. October 3, 1958. Roy Cook, […]

48 S.E.2d 579 ADAMSON v. LILIENTHAL. 32069.Court of Appeals of Georgia. DECIDED JUNE 25, 1948. REHEARING DENIED JULY 9, 1948. 1. A loan of $3200, made on April 22, 1947, where the borrower conveys certain real estate under a deed to secure debt as security, and where the principal and interest is payable in monthly […]

105 S.E.2d 795 COOK v. CARR. 37339.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1958. REHEARING DENIED OCTOBER 8, 1958. The trial court did not err on the rulings on the demurrers. The motion for a new trial was properly denied. DECIDED SEPTEMBER 23, 1958 — REHEARING DENIED OCTOBER 8, 1958. Tort; automobile collision. Hancock […]

373 S.E.2d 216 HOWELL v. THE STATE. 76696.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1988. REHEARING DENIED SEPTEMBER 16, 1988. SOGNIER, Judge. Deborah Howell appeals from her conviction of theft by taking of a purse. 1. Appellant contends the evidence was insufficient to support her conviction. The evidence adduced at trial revealed that Henry […]

372 S.E.2d 642 VOGTLE v. COLEMAN (two cases). 76283, 76418.Court of Appeals of Georgia. DECIDED JUNE 13, 1988. REHEARING DENIED JULY 7, 1988, JULY 19, 1988 AND AUGUST 22, 1988 SOGNIER, Judge. Alvin Vogtle appeals from the judgment on the jury verdict awarding Woodrow Coleman $35,000 for abusive litigation in case No. 76283. It is […]

152 S.E.2d 811 COTTON STATES MUTUAL INSURANCE COMPANY v. FALLS et al.; and vice versa. 42147, 42148.Court of Appeals of Georgia.ARGUED JULY 6, 1966. DECIDED SEPTEMBER 6, 1966. JUDGMENT ADHERED TO ON REHEARING DECEMBER 6, 1966. REHEARING DENIED DECEMBER 16, 1966. The evidence demanded a finding that the automobile being operated by the insured at […]

128 S.E.2d 528 FLOURNOY v. THE STATE. 39577.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1962. The court did not err in overruling the motion for a new trial. DECIDED OCTOBER 15, 1962. Operating automobile while under influence of intoxicant. Athens City Court. Before Judge Oldham. J. M. Flournoy was convicted in the City Court […]

498 S.E.2d 304 AUTRY v. THE STATE HOLLOWAY v. THE STATE A97A2009, A97A2010.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1998. BIRDSONG, Presiding Judge. Christopher Autry and Jason Lee Holloway were tried together and convicted of aggravated assault with intent to rob and aggravated battery for their violent and vicious assault upon a woman who […]

371 S.E.2d 410 BURDEN v. THE STATE. 75991.Court of Appeals of Georgia. DECIDED MAY 27, 1988. REHEARING DENIED JULY 11, 1988. BENHAM, Judge. Appellant was indicted for and convicted of failing to stop and give information at the scene of a vehicular collision. See OCGA § 40-6-270 (a). 1. In several enumerations of error, appellant […]

512 S.E.2d 24 JACKSON v. THE STATE. A98A1697.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1999 — RECONSIDERATION DENIED FEBRUARY 17, 1999. SMITH, Judge. Following a bench trial, Miquel Jackson was convicted of three counts of armed robbery. He appeals, raising as error the trial court’s denial of his motion to suppress. “On review of […]

183 S.E.2d 54 JORDAN v. THE STATE. 46296.Court of Appeals of Georgia.SUBMITTED JUNE 4, 1971. DECIDED JUNE 24, 1971. WHITMAN, Judge. Jordan was indicted for the offense of aggravated sodomy. He was tried, convicted and sentenced to life imprisonment. The appeal is taken from the denial of a motion for new trial, made on the […]

242 S.E.2d 337 MAY v. BLANCHARD. 55043.Court of Appeals of Georgia.SUBMITTED JANUARY 11, 1978. DECIDED FEBRUARY 2, 1978. WEBB, Judge. John H. May, a certified public accountant, sued Mrs. George Blanchard for the value of services allegedly rendered to her and her husband in the preparation of Page 680 1971 and 1972 income tax returns […]

248 S.E.2d 193 DELOACH et al. v. FOREMOST INSURANCE COMPANY et al. 55939.Court of Appeals of Georgia.ARGUED MAY 22, 1978. DECIDED SEPTEMBER 7, 1978. SHULMAN, Judge. In a case involving multiple defendants and claims, partial summary judgment was granted in favor of Indon Industries, Inc., appellee herein, as to Count 4 of plaintiffs-appellants’ complaint. On […]

642 S.E.2d 705 RODRIGUEZ v. THE STATE. No. A07A0583.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 2007. BLACKBURN, Presiding Judge. Following a jury trial, Edwin Rodriguez was convicted of burglary,[1] theft by taking,[2] and criminal trespass.[3] He appeals his conviction and the denial of his motion for new trial, arguing that the trial court erred […]

378 S.E.2d 385 GLASS v. BELL; and vice versa. DOUGLAS COUNTY v. BELL. 77593, 77686. 77782.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1989. BIRDSONG, Judge. Three appeals arise out of a $35,000 verdict for the wrongful death of Johnny Bell, against defendants Charles A. Glass and Douglas County. On August 11, 1984, Bell died […]

556 S.E.2d 183 GONZALES v. THE STATE. A01A1483.Court of Appeals of Georgia. DECIDED: NOVEMBER 2, 2001 BLACKBURN, Chief Judge. Following a jury trial, Harby Gonzales appeals his conviction for possession of more than one ounce of marijuana, contending that the trial court erred by: (1) denying his motion for directed verdict of acquittal and (2) […]

156 S.E.2d 412 SOUTHERN RAILWAY COMPANY v. HOGUE. 42869.Court of Appeals of Georgia.ARGUED JUNE 6, 1967. DECIDED JUNE 28, 1967. REHEARING DENIED JULY 14, 1967. In an employee’s action for injuries under the Federal Employers’ Liability Act, a release entered into between the employer and employee in compromise and settlement of the claim cannot be […]

379 S.E.2d 221 GORDON v. THE STATE. A89A0093.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 1989. BANKE, Presiding Judge. The appellant entered a guilty plea to a charge of forgery in the first degree and was thereupon sentenced to ten years imprisonment, which is the maximum penalty for the offense. See OCGA § 16-9-1 (b). […]

524 S.E.2d 239 THOMPSON v. THE STATE. A99A2005.Court of Appeals of Georgia. DECIDED: OCTOBER 27, 1999. PHIPPS, Judge. After officers found weapons and cocaine in Thompson’s possession during a search following a traffic stop, he was indicted on nine charges. Following the trial court’s denial of his motion to suppress the evidence, in a negotiated […]

540 S.E.2d 294 DIX v. THE STATE. A00A1550.Court of Appeals of Georgia. DECIDED: OCTOBER 11, 2000 RUFFIN, Judge. Savin Dix was convicted of aggravated assault, aggravated assault with intent to rob, and aggravated battery. On appeal, he challenges the sufficiency of the evidence; contends that the prosecutor argued facts not in evidence during closing; and […]

465 S.E.2d 486 HIBBS et al. v. CITY OF RIVERDALE. BROWN v. CITY OF RIVERDALE. A95A1274 A95A1275Court of Appeals of Georgia. DECIDED NOVEMBER 27, 1995 — RECONSIDERATION DENIED DECEMBER 13, 1995 — CERT. APPLIED FOR. RUFFIN, Judge. These companion cases involve drainage problems encountered by James and Vicki Hibbs and Cynthia Brown who purchased homes […]

299 S.E.2d 57 STATE OF GEORGIA v. BELCHER et al. 64653.Court of Appeals of Georgia. DECIDED JANUARY 4, 1983. REHEARING DENIED JANUARY 17, 1983. POPE, Judge. This appeal arises from the grant of defendant Belcher’s motion for directed verdict in an action brought by the state for condemnation of a motor home seized under the […]

154 S.E.2d 657 ROCHESTER CAPITAL LEASING CORPORATION v. LUKE et al. 42447.Court of Appeals of Georgia.ARGUED JANUARY 5, 1967. DECIDED FEBRUARY 9, 1967. REHEARING DENIED MARCH 2, 1967. JORDAN, Judge. Rochester Capital Leasing Corporation by an amended petition in the Civil Court of Fulton County sought to recover from R. X. Dupont, Inc., B. D. […]

645 S.E.2d 745 MORGAN v. THE STATE. No. A07A0151.Court of Appeals of Georgia. DECIDED MAY 8, 2007. BERNES, Judge. A Terrell County jury convicted Steve Morgan of eight counts of cruelty to animals. On appeal, Morgan contends that the trial court should have granted his motion to suppress and motion in limine relating to the […]

320 S.E.2d 215 JORDAN et al. v. ATLANTA NEIGHBORHOOD HOUSING SERVICES, INC. 68154.Court of Appeals of Georgia. DECIDED JUNE 20, 1984. REHEARING DENIED JULY 3, 1984. SOGNIER, Judge. Samuel S. Jordan and his wife Gladys Jordan sued Atlanta Neighborhood Housing Services, Inc. (NHS) for damages arising from construction defects in the renovation of their home. […]

140 S.E.2d 524 ELLIOTT et al. v. FIREMEN’S INSURANCE COMPANY et al. ST. PAUL FIRE MARINE INSURANCE COMPANY v. FIREMEN’S INSURANCE COMPANY et al. 41028, 41033.Court of Appeals of Georgia. DECIDED JANUARY 25, 1965. PANNELL, Judge. 1. Where a person is transported to her home in an ambulance on a stretcher, which stretcher is part […]

575 S.E.2d 691 COOPER v. THE STATE. A02A1089.Court of Appeals of Georgia. DECIDED: NOVEMBER 27, 2002 Reconsideration Denied December 13, 2002 ELDRIDGE, Judge. Kenneth Cooper appeals from a Fulton County jury verdict finding him guilty of trafficking in cocaine under Count 1 of the indictment and possession of cocaine with intent to distribute under Count […]