Category: Georgia Court of Appeals Opinions

651 S.E.2d 826 HARRISON v. EBERHARDT et al. No. A07A0894.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 2007. PHIPPS, Judge. Rose Harrison appeals the trial court’s order confirming and entering final judgment on an arbitration award. She contends that her claim for fraudulent inducement arising from her residential real estate purchase was not subject to […]

260 S.E.2d 520 FUTCH v. THE STATE. 58122.Court of Appeals of Georgia.SUBMITTED JULY 11, 1979. DECIDED SEPTEMBER 7, 1979. REHEARING DENIED SEPTEMBER 26, 1979. McMURRAY, Presiding Judge. Defendant was indicted for murder. He was tried and convicted of voluntary manslaughter and sentenced to serve fifteen years. Motion for new trial was filed, amended and thereafter […]

183 S.E.2d 525 SHEFFIELD v. THE STATE. 45981.Court of Appeals of Georgia.SUBMITTED MARCH 2, 1971. DECIDED JUNE 18, 1971. REHEARING DENIED JULY 20, 1971. QUILLIAN, Judge. The defendant was indicted, tried and convicted of aggravated assault. He appeals from the judgment of conviction. Held: 1. (a) Enumerations of error 2 and 3 complain of objections […]

214 S.E.2d 678 McGINTY v. THE STATE. 50203.Court of Appeals of Georgia.SUBMITTED FEBRUARY 3, 1975. DECIDED MARCH 11, 1975. REHEARING DENIED MARCH 31, 1975. WEBB, Judge. Ronald McGinty was indicted for violations of the Uniform Narcotic Drug Act (Code Ann. Ch. 79A-8). Count 1 of the indictment charged that on November 21, 1973, defendant “did […]

558 S.E.2d 741 MARKEL DOCKERY v. THE STATE OF GEORGIA. A02A0479.Court of Appeals of Georgia. DECIDED: JANUARY 4, 2002. Page 152 PHIPPS, Judge. Markel Dockery challenges the validity of his guilty plea in his appeal from the trial court’s denial of his motion to withdraw the plea. As the court was authorized to find that […]

312 S.E.2d 160 SANDERS v. THE STATE (two cases). 67486, 67487.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1983. BANKE, Judge. The appellant pled guilty to two counts of burglary, based on the state’s attorney’s agreement to recommend a sentence of probation, a fine, and restitution. In response to questioning by the state’s attorney, the […]

244 S.E.2d 152 LEWIS v. THORPE FINANCE CORPORATION. 55318.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1978. DECIDED MARCH 10, 1978. QUILLIAN, Presiding Judge. This appeal was taken from the partial grant of plaintiff’s motion for summary judgment. From the facts contained in the record the requisites of equitable estoppel were not shown (se Bell v. […]

562 S.E.2d 754 MIMMS v. THE STATE. A01A1988.Court of Appeals of Georgia. DECIDED: MARCH 13, 2002 POPE, Presiding Judge. Daisy L. Mimms was arrested on May 27, 1999 and charged with DUI, criminal trespass, simple assault and interference with government property arising from an incident at a City of Atlanta restaurant. A jury trial was […]

244 S.E.2d 67 CLAYTON v. THE STATE. 55327.Court of Appeals of Georgia.ARGUED JANUARY 31, 1978. DECIDED MARCH 16, 1978. REHEARING DENIED MARCH 31, 1978. BELL, Chief Judge. Defendant was convicted of the possession and sale of heroin Held: 1. The indictment alleged that the offense was committed on October 8, 1975. Defendant was arrested on […]

405 S.E.2d 903 IN THE INTEREST OF S. K. L., a child. A91A0717.Court of Appeals of Georgia. DECIDED MAY 20, 1991. BIRDSONG, Presiding Judge. Appellant is the undisputed natural father of S. K. L. A petition was filed on June 21, 1990, seeking to terminate the parental rights of both parents, and the lower court […]

687 S.E.2d 267 EMORY-ADVENTIST, INC. v. HUNTER; and vice versa. Nos. A09A0966, A09A0967.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 2009. MILLER, Chief Judge. Laura Hunter’s late husband, Charles Hunter, died while a patient at Emory-Adventist, Inc. d/b/a Emory-Adventist Hospital (the “Hospital”). On June 13, 2008, Hunter filed this medical malpractice action against the Hospital […]

13 S.E.2d 526 WALKER v. UNITED STATES FIDELITY AND GUARANTY COMPANY et al. 28611.Court of Appeals of Georgia. DECIDED MARCH 5, 1941. An award of the Industrial Board denying payment of compensation to the claimant in excess of four weeks’ total disability, based upon the testimony of a physician given on the hearing of the […]

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 […]

306 S.E.2d 388 STANDARD GUARANTY INSURANCE COMPANY v. ADVANCE WELL SERVICES, INC. et al. 65676.Court of Appeals of Georgia. DECIDED JULY 6, 1983. CARLEY, Judge. A year-old pickup truck, owned and being operated by Bonnie Sue Hagans, struck a parked truck, owned by appellee-defendant Advance Well Services, Inc. (Advance). Ms. Hagans’ truck was extensively damaged […]

497 S.E.2d 8 NEWMAN et al. v. THOMPSON. A97A2524.Court of Appeals of Georgia. DECIDED JANUARY 27, 1998 — RECONSIDERATION DENIED FEBRUARY 20, 1998 — CERT APPLIED FOR. BLACKBURN, Judge. Plaintiffs Alan Gardner and Kathryn Newman appeal the jury verdict in favor of defendant John H. Thompson in their action for the wrongful death of and […]

416 S.E.2d 163 DAWSON et al. v. DEPARTMENT OF TRANSPORTATION. A91A1950.Court of Appeals of Georgia. DECIDED MARCH 3, 1992. CARLEY, Presiding Judge. After appellee-condemnor condemned a portion of a tract pursuant to OCGA § 32-3-1 et seq., appellant-condemnees appealed and the issue of just and adequate compensation was brought to trial before a jury. At […]

291 S.E.2d 251 J. L. LESTER SONS, INC. v. SMITH. 63513.Court of Appeals of Georgia. DECIDED MAY 3, 1982. REHEARING DENIED JUNE 7, 1982. BIRDSONG, Judge. Open Account Indebtedness. J. L. Lester is a wholesale grocer doing business in Georgia. Prior to 1979, Lester furnished groceries to several stores operating under the name of Yellow […]

190 S.E.2d 447 GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. GORDON. 46886.Court of Appeals of Georgia.ARGUED FEBRUARY 1, 1972. DECIDED APRIL 12, 1972. REHEARING DENIED MAY 5, 1972. QUILLIAN, Judge. The appellee filed a claim against the appellant based upon a loss covered by an insurance policy which he alleged was in force on the […]

363 S.E.2d 625 JENKINS v. ROPER CORPORATION et al. 75334.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1987. BANKE, Presiding Judge. Acting as next friend of his minor son, Charles, Willie Jenkins brought suit against the Roper Corporation and Sears Roebuck and Company to recover for injuries suffered by his son as the result of […]

391 S.E.2d 769 KING v. THE STATE. A89A2336.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1990. REHEARING DENIED MARCH 8, 1990. CARLEY, Chief Judge. Appellant shot one of his two roommates and was indicted for aggravated assault. He was brought to trial before a jury and testified that he had fired the shot in self-defense. […]

40 S.E.2d 394 AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. v. GUNTER. 31330.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1946. REHEARING DENIED NOVEMBER 14, 1946. 1. The award of the director was without any competent evidence to support it. 2. “Where a diseased condition of an applicant for compensation, which existed at the time […]

203 S.E.2d 558 BUTLER v. THE STATE. 48596.Court of Appeals of Georgia.ARGUED SEPTEMBER 17, 1973. DECIDED NOVEMBER 27, 1973. REHEARING DENIED DECEMBER 18, 1973. HALL, Presiding Judge. Sanford Hoyt Butler appeals his conviction for possession of burglary tools. Late in the night of October 7, 1972, at a shopping mall in Winder, Georgia, the Ace […]

406 S.E.2d 557 MOUA et al. v. THE STATE. A91A0674.Court of Appeals of Georgia. DECIDED JUNE 11, 1991. BANKE, Presiding Judge. The appellants, Va Moua and Xia Fang Moua, were jointly tried on charges of rape, sexual exploitation of a child, and kidnapping with bodily injury. They were found guilty as charged on the rape […]

216 S.E.2d 659 ALLIED ASPHALT COMPANY v. CUMBIE et al. 50176.Court of Appeals of Georgia.ARGUED FEBRUARY 4, 1975. DECIDED MAY 12, 1975. REHEARING DENIED JUNE 5, 1975. CLARK, Judge. Did the complaint seeking foreclosure of a materialman’s lien upon real estate under Code Ann. § 67-2002 satisfy the requirement of suing the person with whom […]

245 S.E.2d 25 MOORE v. McNAIR et al. 55402.Court of Appeals of Georgia.ARGUED MARCH 1, 1978. DECIDED APRIL 19, 1978. REHEARING DENIED MAY 12, 1978. SMITH, Judge. Appellant filed this suit to recover on an oral contract for services, and appellees counterclaimed for the cancellation of certain liens. Appellees moved for summary judgment, and appellant […]

629 S.E.2d 596 WROGE v. THE STATE. A06A0384.Court of Appeals of Georgia. DECIDED APRIL 12, 2006. MILLER, Judge. Following a bench trial, William James Wroge was convicted of one count of simple assault. Wroge appeals, challenging the sufficiency of the evidence and the effectiveness of his trial counsel. Discerning no error, we affirm. 1. Wroge […]

11 S.E.2d 431 SPRAYBERRY v. SNOW et al. 27308.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1940. Following the decision of the Supreme Court on certiorari. DECIDED NOVEMBER 4, 1940. Action for damages; from Berrien superior court — Judge W. R. Smith. September 10, 1938. John Henry Poole, for plaintiff. J. P. Knight, Langdale, Smith […]

207 S.E.2d 688 WELBORN v. THE STATE. 49404.Court of Appeals of Georgia.SUBMITTED MAY 30, 1974. DECIDED JUNE 21, 1974. WEBB, Judge. Defendant was tried and convicted for theft by taking and appeals from the overruling of her motion for new trial. Held: 1. Defendant complains that the trial court erred in overruling her demurrer to […]

566 S.E.2d 368 TURTLE COVE PROPERTY OWNER’S ASSOCIATION, INC. v. JASPER COUNTY et al. A02A0413.Court of Appeals of Georgia. DECIDED: MAY 29, 2002. JOHNSON, Presiding Judge. The issue in this case is whether a subdivision’s expired restrictive covenants were renewed. We find that the covenants were renewed and are still in effect. The trial court’s […]

156 S.E.2d 535 CLARK et al. v. LIBERTY LOAN CORPORATION OF DALTON. 42935.Court of Appeals of Georgia.ARGUED JULY 6, 1967. DECIDED JULY 11, 1967. REHEARING DENIED JULY 21, 1967. EBERHARDT, Judge. 1. In this action on a note for a loan made under the Industrial Loan Act the defendant made various attacks on the constitutionality […]

251 S.E.2d 15 DUBOSE v. THE STATE. DEPARTMENT OF HUMAN RESOURCES v. STATE OF GEORGIA. 56192, 56193.Court of Appeals of Georgia.ARGUED JUNE 27, 1978. DECIDED OCTOBER 16, 1978. REHEARING DENIED NOVEMBER 7, 1978. BELL, Chief Judge. The appellant Dubose was found not guilty of auto theft by reason of insanity and was committed to the […]

406 S.E.2d 286 LITTLE v. THE STATE. A91A0661.Court of Appeals of Georgia. DECIDED JUNE 5, 1991. POPE, Judge. Defendant Butch Little was convicted of trafficking in cocaine. On appeal he challenges the sufficiency of the evidence to convict him. We affirm. The record shows that defendant and Keith Strickland were arrested at Strickland’s sister’s apartment […]

601 S.E.2d 475 CARVER et al. v. TIFT COUNTY HOSPITAL AUTHORITY. A04A0589.Court of Appeals of Georgia. DECIDED JUNE 28, 2004. PHIPPS, Judge. Walter A. Carver and Tiffany K. Carver brought a medical negligence action against Tift General Hospital and others. The trial court dismissed the Carvers’ claims against the hospital based on its determination that […]

588 S.E.2d 286 HERRING v. THE STATE. A03A2147.Court of Appeals of Georgia. DECIDED: OCTOBER 1, 2003 ELLINGTON, Judge. A Hall County jury convicted Benjamin Herring of sale of cocaine, OCGA § 16-13-30. He appeals from the denial of his motion for new trial, contending the evidence was insufficient to support his conviction, and that the […]

157 S.E.2d 33 TABER PONTIAC, INC. et al. v. OSBORNE. 42939.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1967. BELL, Presiding Judge. On the trial of this suit to recover for property damage sustained in a vehicular collision, plaintiff described his vehicle, a 1966 Chevrolet truck with various items of optional equipment, and testified that […]

303 S.E.2d 467 RODGERS v. GEORGIA TECH ATHLETIC ASSOCIATION. 65112.Court of Appeals of Georgia. DECIDED MARCH 16, 1983. REHEARING DENIED APRIL 1, 1983. POPE, Judge. Franklin C. “Pepper” Rodgers brought this breach of contract action against the Georgia Tech Athletic Association to recover the value of certain perquisites which had been made available to him […]

73 S.E.2d 82 WOLFE v. BROWN-WRIGHT HOTEL SUPPLY CORPORATION. 34208.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1952. Where, in a suit on an open account for the price of goods sold, the evidence was insufficient to establish that the defendant owed the plaintiff any definite amount as the contract price of the goods or […]

475 S.E.2d 690 MILLER v. THE STATE. A96A1161.Court of Appeals of Georgia. DECIDED AUGUST 30, 1996 — CERT. APPLIED FOR. POPE, Presiding Judge. After defendant was charged with burglary, armed robbery, and kidnapping, he filed an affidavit of indigency and the trial court appointed counsel for him. Before trial, however, defendant retained another attorney and […]

79 S.E.2d 832 LAMAR ELECTRIC MEMBERSHIP CORPORATION v. CARROLL. 34690.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1953. REHEARING DENIED DECEMBER 17, 1953. The petition stated a cause of action, and the trial court did not err in overruling the general demurrer. DECIDED DECEMBER 4, 1953 — REHEARING DENIED DECEMBER 17, 1953. Action for damages. […]

548 S.E.2d 59 PAPADOUPALOS v. THE STATE. A01A0640.Court of Appeals of Georgia. DECIDED: APRIL 19, 2001. JOHNSON, Presiding Judge. Eric Papadoupalos was charged with trafficking in cocaine. The state agreed to let him plead guilty to the lesser-included offense of possession of cocaine with intent to distribute. Papadoupalos entered a non-negotiated guilty plea to possession […]

224 S.E.2d 72 BYROM v. FELKER et al. 51675.Court of Appeals of Georgia.ARGUED JANUARY 13, 1976. DECIDED JANUARY 28, 1976. CLARK, Judge. “There comes a point where this Court should not be ignorant as judges of what we know as men,” wrote Justice Frankfurter in Watts v. Indiana, 338 U.S. 49, 52 (1949). Those words […]

231 S.E.2d 792 U.S. ASBESTOS et al. v. HAMMOCK. 52473.Court of Appeals of Georgia.ARGUED JULY 13, 1976. DECIDED OCTOBER 22, 1976. REHEARING DENIED NOVEMBER 10, 1976. STOLZ, Judge. The appellants, an employer and its insurer, appeal from an award by the Board of Workmen’s Compensation in favor of the appellee-claimant. The claim upon which the […]

218 S.E.2d 682 SMITH v. SMITH. 50896.Court of Appeals of Georgia.SUBMITTED JULY 1, 1975. DECIDED SEPTEMBER 4, 1975. STOLZ, Judge. The defendant appeals the denial of his motion for summary judgment in this suit for damages resulting from a shortage of acreage in conveyances from the defendant to plaintiff’s predecessors in title. 1. Plaintiff’s second […]

386 S.E.2d 521 INDUSTRIAL INDEMNITY COMPANY v. WALCK. A89A1565.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1989. BEASLEY, Judge. Industrial Indemnity Company insured Coastal Chevrolet Corporation, to which Walck had taken her Camaro for body work. Coastal loaned a Citation to her for use during the repairs. Walck notified Coastal of vibration in the Citation, […]

19 S.E.2d 38 FRASER v. ATLANTA TITLE AND TRUST COMPANY. 29348.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1942. SUTTON, J. 1. “Actions for injuries to the person shall be brought within two years after the right of action accrues.” Code § 3-1004; Barrett v. Jackson, 44 Ga. App. 611 (162 S.E. 308). An injury […]

411 S.E.2d 100 TILLEY v. THE STATE. A91A0987.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1991. SOGNIER, Chief Judge. Frederick James Tilley was indicted on a charge of armed robbery of a Laurens County bank. After presentation of the evidence the trial court reduced the charge to robbery by intimidation, and the jury convicted Tilley […]

619 S.E.2d 335 GEORGIA DEPARTMENT OF NATURAL RESOURCES v. WILLIS. A05A1361.Court of Appeals of Georgia. DECIDED JULY 28, 2005. BLACKBURN, Presiding Judge. Following the superior court’s reversal of the State Personnel Board’s decision to increase a sanction for state employee Calvin Willis’s proven misconduct, the Georgia Department of Natural Resources (“DNR”) appeals by permission, arguing […]

321 S.E.2d 371 CITY OF COLLEGE PARK v. GRUNDEN. 67682.Court of Appeals of Georgia. DECIDED JULY 12, 1984. REHEARING DENIED JULY 31, 1984. BANKE, Presiding Judge. After the appellee was involved in an automobile accident in the City of College Park, a local wrecker service under contract with the city was summoned to tow away […]

235 S.E.2d 650 BAILEY v. THE STATE. 53763.Court of Appeals of Georgia.SUBMITTED APRIL 12, 1977. DECIDED MAY 5, 1977. SHULMAN, Judge. Appellant was tried before a jury and was found guilty of burglary. He appeals from denial of a motion for new trial. 1. Appellant contends that the trial judge improperly commented on the appellant’s […]

475 S.E.2d 670 WRIGHT v. STATE. A96A1342.Court of Appeals of Georgia. DECIDED AUGUST 27, 1996. McMURRAY, Presiding Judge. Defendant Wright appeals his conviction of robbery by sudden snatching in violation of OCGA § 16-8-40 (a)(3). Held: 1. On March 24, 1995, a man wearing dark pants and a white t-shirt entered a doctor’s office waiting […]

656 S.E.2d 183 IN THE INTEREST OF D. H. D., a child. No. A07A1612.Court of Appeals of Georgia. DECIDED DECEMBER 17, 2007. MIKELL, Judge. The mother and father of D. H. D., born December 19, 2006, appeal the Juvenile Court of Murray County’s order of January 22, 2007, finding D. H. D. deprived and awarding […]

371 S.E.2d 407 ORKIN EXTERMINATING COMPANY v. MORRISON. 76130.Court of Appeals of Georgia. DECIDED MAY 25, 1988. REHEARING DENIED JULY 11, 1988. BENHAM, Judge. Appellee purchased a Glynn County home on which appellant had executed a wood infestation report. Four months later, appellee saw evidence of an active wood infestation and called appellant, whose employee […]

419 S.E.2d 120 NODVIN v. WEST et al. WEST v. NODVIN. A92A0207, A92A0208.Court of Appeals of Georgia. DECIDED MAY 19, 1992. POPE, Judge. Plaintiff/appellant Marvin P. Nodvin brought suit against defendants/appellees Thomas B. West and Victoria Corporation alleging breach of contract and fraud arising out of defendants’ failure to pay Nodvin attorney fees owed to […]

265 S.E.2d 835 CHATHAM v. THE STATE. 59146.Court of Appeals of Georgia.ARGUED JANUARY 16, 1980. DECIDED FEBRUARY 14, 1980. BANKE, Judge. This appeal is from the denial of appellant’s motion for appeal bond in an armed robbery case. A hearing on the matter was held by the trial court as required by the Georgia Supreme […]

425 S.E.2d 300 T M INVESTMENTS, INC. v. JACKSON et al. A92A1628.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1992. RECONSIDERATION DENIED NOVEMBER 9, 1992. JOHNSON, Judge. Robert Jackson was employed by Dusco, Inc., as a security guard Page 219 at a shopping mall. Jackson was on a routine patrol in an exterior service bay […]

492 S.E.2d 312 WEBB v. THE STATE. A97A2332.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1997 — RECONSIDERATION DENIED SEPTEMBER 30, 1997. ELDRIDGE, Judge. Robert Bernard Webb appeals his February 26, 1997 conviction for aggravated battery, false imprisonment, and simple battery. On May 6, 1995, Webb had a date with the victim. At approximately 3 […]

406 S.E.2d 551 ENGRAM v. SONNY CAMPBELL’S GULF, INC. A91A0459.Court of Appeals of Georgia. DECIDED JUNE 11, 1991. CARLEY, Judge. The relevant facts in this appeal are as follows: An employee of appellee-defendant’s service station erroneously began to pump gasoline into appellant-plaintiff’s diesel automobile. When this mistake was discovered, it was agreed that the fuel […]

503 S.E.2d 54 FULTON v. THE STATE. A98A1166.Court of Appeals of Georgia. DECIDED JUNE 4, 1998 — RECONSIDERATION DENIED JUNE 17, 1998 — CERT. APPLIED FOR. ELDRIDGE, Judge. On April 13, 1997, the defendant-appellant, William Levon Fulton, was with his girl friend, Harriet Hamilton, in the parking lot of the Burger King in Savannah, Chatham […]

224 S.E.2d 809 STRICKLAND v. THE STATE. 51818.Court of Appeals of Georgia.SUBMITTED FEBRUARY 4, 1976. DECIDED FEBRUARY 16, 1976. DEEN, Presiding Judge. 1. It is a settled rule of evidence in this state that evidence of flight may be submitted to the jury, and that they may infer guilt therefrom. McKuhen v. State, 216 Ga. […]

224 S.E.2d 115 INSURANCE COMPANY OF NORTH AMERICA et al. v. BRANNON. 51345.Court of Appeals of Georgia.ARGUED SEPTEMBER 30, 1975. DECIDED FEBRUARY 2, 1976. STOLZ, Judge. James Brannon worked as a tractor-trailer driver for the Howard Johnson Company until a lung condition rendered him unable to continue his employment. Mr. Brannon filed a workmen’s compensation […]

196 S.E.2d 160 DOWDY v. JORDAN. 47706.Court of Appeals of Georgia.ARGUED JANUARY 9, 1973. DECIDED FEBRUARY 15, 1973. 1. A guardian occupies a conflict-of-interest position and is in violation of his fiduciary duty of loyalty where he, in an individual capacity, is a joint tenant with right of survivorship with his ward with respect to […]

344 S.E.2d 236 HALDI v. DeKALB COUNTY BOARD OF TAX ASSESSORS. 71504.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1986. REHEARING DENIED APRIL 2, 1986. BEASLEY, Judge. This is an appeal from the dismissal of an ad valorem tax appeal to the superior court. In January 1982, the DeKalb County Board of Tax Assessors notified […]

188 S.E.2d 118 LIFE CASUALTY INSURANCE COMPANY v. MOORE et al. 46805.Court of Appeals of Georgia.SUBMITTED JANUARY 6, 1972. DECIDED FEBRUARY 11, 1972. JORDAN, Presiding Judge. This is an action to recover accidental death benefits under various insurance policies, and the controlling essential issue is the cause of death. It is here on appeal from […]

320 S.E.2d 573 GEORGIA POWER COMPANY v. BRASILL. 67620.Court of Appeals of Georgia. DECIDED JUNE 26, 1984. REHEARING DENIED JULY 11, 1984. DEEN, Presiding Judge. In this workers’ compensation case Georgia Power Company, employer/insurer, appeals from the Putnam County Superior Court’s affirmance of an award of the State Board of Worker’s Compensation. Appellant alleges that […]

581 S.E.2d 257 HOLT v. THE STATE. A03A0826.Court of Appeals of Georgia. April 10, 2003. BLACKBURN, Presiding Judge. Following his conviction by a jury of armed robbery, August Lee Holt appeals, arguing that (1) the trial court erred by failing to charge the jury on impeachment by prior conviction, and (2) he did not receive […]

490 S.E.2d 451 GRANGE MUTUAL CASUALTY COMPANY v. DeMOONIE. A97A0443.Court of Appeals of Georgia. DECIDED JULY 16, 1997. RECONSIDERATION DENIED JULY 31, 1997 — CERT. APPLIED FOR. ANDREWS, Chief Judge. Grange Mutual Casualty Company (Grange) appeals from the judgment entered on the jury’s verdict in favor of Ms. DeMoonie, the named insured under a homeowners’ […]

360 S.E.2d 63 SPELL et al. v. PORT CITY ADHESIVES, INC. 74257.Court of Appeals of Georgia. DECIDED JULY 14, 1987. REHEARING DENIED JULY 27, 1987. CARLEY, Judge. In this companion case to Fire Cas. Ins. Co. of Conn. v. Spell, 183 Ga. App. 675 (359 S.E.2d 705) (1987), appellee Port City Adhesives, Inc. is one […]

325 S.E.2d 914 FRAZIER ASSOCIATES MANUFACTURERS REPRESENTATIVES, INC. v. DABBS STEWART et al. 69252.Court of Appeals of Georgia. DECIDED JANUARY 17, 1985. BIRDSONG, Presiding Judge. Breach of Contract. Dabbs Stewart (“Dabbs”) were general contractors who bid to construct a building for the Paulding County school system. Prior to making its bid, Dabbs solicited bids from […]

29 S.E.2d 112 CITY OF DALTON v. JOYCE et al. 30307.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1944. 1. A petition by a husband and minor children of a decedent to recover the full value of her life, which alleged that the decedent was killed while walking along the sidewalk on a public street […]

335 S.E.2d 625 CESSNA FINANCE CORPORATION v. DESIGN ENGINEERING CONSTRUCTION INTERNATIONAL, INC. 70443.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1985. REHEARING DENIED SEPTEMBER 26, 1985. POPE, Judge. The appellee, Design Engineering Construction International, Inc. (DECI), purchased an airplane from Outlaw Aircraft Sales, Inc. (Outlaw) on November 10, 1979 for $51,808. At that time DECI […]

120 S.E.2d 42 NORMAN v. NORMAN. 38819.Court of Appeals of Georgia. DECIDED APRIL 25, 1961. REHEARING DENIED MAY 8, 1961. 1. The trial court did not abuse its discretion in refusing to require the plaintiff to purge certain allegations from the petition where the motion was not made until some ten months after the demurrers […]

239 S.E.2d 387 ATLANTA WAREHOUSES, INC. et al. v. HOUSING AUTHORITY OF ATLANTA. KLUGER et al. v. HOUSING AUTHORITY OF ATLANTA et al. 54258, 54596.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1977. DECIDED SEPTEMBER 28, 1977. REHEARING DENIED OCTOBER 19, 1977. WEBB, Judge. The Housing Authority brought this condemnation proceeding to acquire approximately 38 acres […]

360 S.E.2d 605 SOUTHERN RAILWAY COMPANY v. GEORGIA KRAFT COMPANY. 73648.Court of Appeals of Georgia. DECIDED JULY 14, 1987. REHEARING DENIED JULY 31, 1987. BENHAM, Judge. This litigation arose from a collision between a train belonging to and operated by appellant and a truck driven by Westbrook, an employee. of the Burtons, a father and […]

151 S.E.2d 193 HODGE v. SAVANNAH OFFICE SUPPLY BUSINESS MACHINE COMPANY. 42247.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1966. DECIDED SEPTEMBER 20, 1966. The petition set forth a cause of action for malicious abuse of legal process. SUBMITTED SEPTEMBER 13, 1966 — DECIDED SEPTEMBER 20, 1966. Malicious abuse of legal process. Savannah City Court. Before […]

77 S.E.2d 71 DRAKE v. GENERAL ACCIDENT, FIRE LIFE ASSURANCE CORPORATION, LIMITED; and vice versa. 34607, 34621.Court of Appeals of Georgia. DECIDED MAY 27, 1953. REHEARING DENIED JUNE 12, 1953. The evidence authorized a finding that the plaintiff was an insured within the meaning of the omnibus clause of the liability-insurance policy issued by the […]

590 S.E.2d 140 GUIDA et al. v. LESSER et al. A03A1105.Court of Appeals of Georgia. DECIDED: OCTOBER 22, 2003 ADAMS, Judge. After her 52-year-old husband’s sudden death from an apparent heart attack Cynthia A. Guida, as surviving spouse of Michael J. Guida, and as administratrix of Michael J. Guida’s estate, sued Laurence M. Lesser, M.D., […]

46 S.E.2d 164 McNEILL v. SMITH. 31849.Court of Appeals of Georgia. DECIDED JANUARY 28, 1948. 1. The jury were authorized to find that there was no original relationship of landlord and tenant between the plaintiff and the defendant, as they specifically found in their verdict. 2. If any errors were committed by the court in […]

648 S.E.2d 454 PURCELL v. KELLEY et al. No. A07A0446.Court of Appeals of Georgia. DECIDED JUNE 25, 2007. PHIPPS, Judge. Shirley Kelley and GDA Motor Coach, Inc. sued David Purcell, as personal representative and/or next friend and/or administrator of the estate of Clyde Turner, for injuries and damages sustained in a collision between a charter […]

436 S.E.2d 528 MORALES v. THE STATE. A93A1140.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1993. McMURRAY, Presiding Judge. Defendant was indicted for child molestation (Count 1) and sexual battery (Count 2). The evidence adduced at a jury trial reveals that defendant, the 13-year-old victim’s stepfather, entered the child’s bedroom at about 2:00 in the […]

278 S.E.2d 500 MATHIS et al. v. CITIZENS DEKALB BANK. 61142.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1981. SOGNIER, Judge. Appellant, inter alia, complains that the trial court erred in entering a judgment confirming the sale of real property under power without first finding the facts specifically and in failing to state separately his […]

512 S.E.2d 365 DESTAG OF NORTH AMERICA, INC. v. LAN INTERNATIONAL, INC. A98A1878.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1999. BEASLEY, Judge. Destag of North America, Inc., the sole majority shareholder of Rowan Granite Quarry, Inc., brought this action in equity against Rowan’s sole minority shareholder, LAN International, Inc., seeking specific performance of stock […]

394 S.E.2d 791 IN RE BOOKER (two cases). A90A0329, A90A0712.Court of Appeals of Georgia. DECIDED MAY 9, 1990. SOGNIER, Judge. James Booker, an attorney licensed to practice in this State, appeals from an order of the Superior Court of Clayton County finding him in contempt of Court. It appearing that case nos. A90A0329 and A90A0712, […]

252 S.E.2d 92 CONVERSE et al. v. O’KEEFE et al. 56632.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1978. DECIDED JANUARY 11, 1979. SMITH, Judge. Appellants’ appeal concerns the sufficiency of the evidence to support the verdict, the propriety of the admission of certain evidence, and the correctness of the trial court’s charge. We find no […]

482 S.E.2d 727 NATIONAL GENERAL INSURANCE COMPANY v. UNITED SERVICES AUTOMOBILE ASSOCIATION. A96A2491.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1997. CERT. APPLIED FOR. JOHNSON, Judge. In this appeal, we are asked to address the following issue: Which of two uninsured motorist insurance carriers is primarily responsible for providing coverage to an injured person insured […]

587 S.E.2d 408 CITY OF POOLER et al. v. EDENFIELD et al. A03A1538.Court of Appeals of Georgia. DECIDED: SEPTEMBER 18, 2003 MILLER, Judge. A Bloomingdale City officer pursued a fleeing motorist at speeds exceeding 100 mph, tailing the motorist’s vehicle closely so that he could read the license tag number. A Pooler City officer followed […]

583 S.E.2d 922 SCHROEDER v. THE STATE. A03A0638.Court of Appeals of Georgia. DECIDED: JUNE 24, 2003. BARNES, Judge. Dale Lee Schroeder appeals his conviction of obstruction of an officer in violation of OCGA § 16-10-24. He enumerates as error the denial of his motions for directed verdicts of acquittal and the exclusion of a videotape. […]

286 S.E.2d 500 TURNER v. NATIONAL BANK OF WALTON COUNTY. 62448.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1981. SHULMAN, Presiding Judge. Appellee brought this suit against appellant in her capacity as executrix of the estate of her deceased husband. The suit was on a note which appellee alleged had been signed by Mr. Turner […]

448 S.E.2d 751 CHADWICK v. THE STATE. A94A1143.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1994. RUFFIN, Judge. The appellant, Douglas M. Chadwick, was convicted by a jury of the offenses of DUI and driving on a suspended license. This appeal followed the denial of his motion for a new trial. At trial, Officer Pat […]

537 S.E.2d 742 CLARK v. THE STATE. A00A0965.Court of Appeals of Georgia. DECIDED: JULY 21, 2000. JOHNSON, Chief Judge. After a bench trial, Kenneth Roy Clark was convicted of possession of marijuana with intent to distribute,[1] and possession of marijuana with intent to distribute within 1,000 feet of a public housing project.[2] He challenges the […]

242 S.E.2d 761 CONTAINER CORPORATION OF AMERICA v. WILSON. 55176.Court of Appeals of Georgia.ARGUED JANUARY 12, 1978. DECIDED FEBRUARY 16, 1978. QUILLIAN, Presiding Judge. The evidence was sufficient to sustain the award of the State Board of Workmen’s Compensation finding that the claimant had undergone a change in condition. Judgment affirmed. Webb and McMurray, JJ., […]

184 S.E.2d 225 HOUSING AUTHORITY OF ATLANTA v. MERCER et al. 46243.Court of Appeals of Georgia.SUBMITTED MAY 10, 1971. DECIDED SEPTEMBER 14, 1971. REHEARING DENIED SEPTEMBER 29, 1971. HALL, Presiding Judge. Condemnor appeals from the dismissal of its appeal to a jury. For a complete statement of the rather involved history of this case, see […]

575 S.E.2d 899 WHITFIELD v. THE STATE. A03A0302.Court of Appeals of Georgia. DECIDED: DECEMBER 23, 2002 BLACKBURN, Chief Judge. Following a jury trial, Benjamin Whitfield appeals his conviction for public indecency, contending that the evidence was insufficient to support the verdict. For the reasons set forth below, we affirm. On appeal from a criminal conviction, […]

307 S.E.2d 516 WYATT v. THE STATE. 66226.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1983. SOGNIER, Judge. Appellant was convicted of aggravated assault, armed robbery and theft by taking. On appeal he contends the trial court erred by ruling that a seven-year-old child was a competent witness, and by denying appellant’s motion for a […]

683 S.E.2d 4 FORTIS INSURANCE COMPANY et al. v. KAHN. No. A09A0486.Court of Appeals of Georgia. DECIDED JUNE 3, 2009. RECONSIDERATION DENIED JULY 23, 2009 MIKELL, Judge. In this civil action, Daniel Kahn sued Fortis Insurance Company (“FIC”), Assurant, Inc. d/b/a Assurant Health f/k/a Fortis Health (“Assurant”), Fortis Benefits Insurance Company (“FBIC”), and Rogers Benefit […]

293 S.E.2d 38 POLLOCK v. THE STATE. 63890.Court of Appeals of Georgia. DECIDED JUNE 29, 1982. BIRDSONG, Judge. Appellant Ronald Eugene Pollock was convicted of child molestation and sentenced to twelve years, seven to serve. He enumerates the four errors below. Held: 1. Appellant contends the trial court erred in permitting a child witness (not […]

153 S.E.2d 626 WARNER v. JETER. 42193.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1966. DECIDED JANUARY 6, 1967. BELL, Presiding Judge. The amended petition alleges that on June 25, 1959, defendant received from the plaintiff $2,500 for the use of defendant at his request; that defendant agreed to pay plaintiff within a period of six […]

490 S.E.2d 503 BROWN v. STARMED STAFFING, L.P. DEKALB MEDICAL CENTER, INC. v. BROWN. SIMMONS v. BROWN. ATLURI v. BROWN. A97A0658. A97A0659. A97A0660. A97A0661.Court of Appeals of Georgia. DECIDED JULY 16, 1997. RECONSIDERATION DENIED JULY 30, 1997 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. These four appeals arose from the same medical malpractice action. About […]