Category: Georgia Court of Appeals Opinions

555 S.E.2d 42 IN THE INTEREST OF A. R. G. B., A CHILD. A01A2126.Court of Appeals of Georgia. DECIDED: OCTOBER 2, 2001 PHIPPS, Judge. The Toombs County Department of Family and Children Services instituted this proceeding to terminate the rights of the parents of A. R. G. B. and J. L. P. Appellant is the […]

109 S.E.2d 633 NECHTMAN v. B. THORPE COMPANY, INC. 37651.Court of Appeals of Georgia. DECIDED MAY 27, 1959. CARLISLE, Judge. 1. Where the evidence adduced on the trial of the case showed that the plaintiff, who had gone upon the defendant’s premises at the invitation and request of an agent of the defendant to take […]

163 S.E.2d 893 UNITED BONDING INSURANCE COMPANY v. WILLIS. 43713.Court of Appeals of Georgia.ARGUED JUNE 4, 1968. DECIDED SEPTEMBER 9, 1968. QUILLIAN, Judge. This is a companion case to Nugent v. Willis, 118 Ga. App. 335, and is controlled by the ruling therein made. Appeal dismissed. Bell, P. J., and Hall, J., concur. ARGUED JUNE […]

543 S.E.2d 773 LAGER’S, LLC v. PALACE LAUNDRY, INC. d/b/a LINENS OF THE WEEK. A00A2076.Court of Appeals of Georgia. DECIDED: DECEMBER 11, 2000. MIKELL, Judge. Plaintiff Palace Laundry Inc. d/b/a Linens of the Week (“Linens”) brought a breach of contract and open account action against defendant Lager’s, LLC (“Lager”). On summary judgment, Linens argued that […]

288 S.E.2d 783 ALLUMS v. THE STATE (two cases). 62888, 62889.Court of Appeals of Georgia. DECIDED MARCH 12, 1982. REHEARING DENIED MARCH 30, 1982. SOGNIER, Judge. Appellants were convicted in a joint trial of possession of cocaine with intent to distribute such cocaine, and possession of less than one ounce of marijuana. The evidence disclosed […]

225 S.E.2d 458 HORNER v. SAVANNAH VALLEY ENTERPRISES, INC. et al. 51712.Court of Appeals of Georgia.ARGUED JANUARY 15, 1976. DECIDED FEBRUARY 18, 1976. REHEARING DENIED MARCH 12, 1976. QUILLIAN, Judge. Plaintiff brought this action for malicious use of civil process after one of the corporate officers of defendant Savannah Valley Enterprises, Inc. (hereinafter called Savannah) […]

70 S.E.2d 125 RAINES v. GRAHAM et al. 33749.Court of Appeals of Georgia. DECIDED MARCH 19, 1952. REHEARING DENIED APRIL 2, 1952. TOWNSEND, J. 1. In order to recover in an action of trover, the plaintiff is required to show either title or right of possession in himself to the property sought to be recovered […]

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 […]

671 S.E.2d 264 APJ SERVICES, INC. et al. v. EQUITY TECHNOLOGIES ASSOCIATES, INC. A08A1634Court of Appeals of Georgia, Second Division. DECIDED: DECEMBER 12, 2008 JOHNSON, Presiding Judge. In December 1999, Equity Technologies Associates, Inc. sued PJ Services, Inc. and its owner, Corey Bernard Pitts (collectively, “PJ Services”), for unjust enrichment, fraud, and conversion. After the […]

579 S.E.2d 761 JERRY DICKERSON PRESENTS, INC. v. CONCERT SOUTHERN CHASTAIN PROMOTIONS et al. A03A0680.Court of Appeals of Georgia. Decided March 14, 2003 ELDRIDGE, Judge. This case asks us to examine, inter alia, whether a “joint venture” entered into by two separate businesses for purposes of meeting the City of Atlanta minority business enterprise (“MBE”) […]

663 S.E.2d 286 ATKINS v. THE STATE. No. A08A0090.Court of Appeals of Georgia. DECIDED JUNE 10, 2008. BARNES, Chief Judge. Dwayne Anthony Atkins was convicted of methamphetamine possession, three counts of obstruction of an officer, two counts of fleeing and eluding, one count of leaving the scene of an accident, and eleven other traffic offenses. […]

67 S.E.2d 155 WESLEY v. THE STATE. 33695.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1951. GARDNER, J. 1. This case is here assigning error upon the overruling of a motion for new trial based upon the conviction of the defendant, under an indictment charging assault with intent to murder, of unlawfully shooting at another. […]

618 S.E.2d 6 TERRY v. GARIBALDI. A05A0548.Court of Appeals of Georgia. DECIDED MAY 13, 2005. RECONSIDERATION DENIED JULY 14, 2005. JOHNSON, Presiding Judge. The parties were formerly married and have one minor child, who was born in 1991. When the parents divorced in 1994, their settlement agreement was incorporated into the divorce decree. The settlement […]

250 S.E.2d 567 WILLIAMS v. BROWNLEE et al. 56665.Court of Appeals of Georgia.ARGUED OCTOBER 16, 1978. DECIDED OCTOBER 30, 1978. WEBB, Judge. Appellant Williams applied for a writ of certiorari to a final order by the Personnel Board of Fulton County regarding his discharge from employment. The writ was sanctioned and issued more than 30 […]

474 S.E.2d 297 QUINN v. THE STATE. A96A0799.Court of Appeals of Georgia. DECIDED AUGUST 6, 1996. Judge Harold R. Banke. Roger Dale Quinn and a co-defendant were convicted of burglary.[1] On appeal, Quinn challenges the sufficiency of the evidence and alleges ineffective assistance of counsel. The evidence supporting the verdict shows that a neighbor observed […]

589 S.E.2d 306 HUNTER v. THE STATE. A03A1559.Court of Appeals of Georgia. DECIDED OCTOBER 23, 2003 MILLER, Judge. A jury found Charles Hunter guilty of two counts of aggravated child molestation and one count of statutory rape. Following the denial of his motion for new trial, Hunter appeals, arguing that (1) he did not receive […]

620 S.E.2d 837 MOYER v. THE STATE. A05A0936.Court of Appeals of Georgia. DECIDED SEPTEMBER 2, 2005. BARNES, Judge. A jury convicted Marvin Moyer of four counts of aggravated assault and one count of burglary. He appeals on several bases: (1) that the evidence was insufficient to support any of his convictions; (2) that the court […]

164 S.E.2d 735 GENERAL MOTORS CORPORATION v. JENKINS. 43165.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1968. QUILLIAN, Judge. The judgment of this court in General Motors Corp. v. Jenkins, 117 Ga. App. 527 (160 S.E.2d 906) having been reversed by the Supreme Court the judgment of this court is vacated. Accordingly, in compliance with […]

139 S.E.2d 461 CAGLE POULTRY EGG COMPANY et al. v. BUSICK. 40815.Court of Appeals of Georgia. DECIDED OCTOBER 27, 1964. 1. (a) Where photographs are otherwise relevant, it is not a good ground of objection to their admissibility that the witness whose testimony prepared the foundation for their admission was not present when the pictures […]

680 S.E.2d 588 THE VICTORY DRIVE DELIVERANCE TEMPLE, INC. v. JACKSON. No. A09A0756.Court of Appeals of Georgia. DECIDED JUNE 25, 2009. BARNES, Judge. The Victory Drive Deliverance Temple, Inc., by and through its Board of Directors, brought suit against Theodore Jackson, Sr., to terminate his employment as the church pastor and for other relief. Jackson […]

504 S.E.2d 242 THE STATE v. LEWIS. A98A1290.Court of Appeals of Georgia. DECIDED JULY 1, 1998 — RECONSIDERATION DENIED JULY 13, 1998 — CERT. APPLIED FOR. ANDREWS, Chief Judge. Rachel Yvonne Lewis was charged with driving a vehicle under the influence of marijuana (OCGA § 40-6-391 (a) (6)), driving a vehicle under the influence of […]

395 S.E.2d 74 LANGSTON v. THE STATE. A90A0711.Court of Appeals of Georgia. DECIDED JUNE 8, 1990. CARLEY, Chief Judge. Appellant was charged with four counts of armed robbery in one indictment, murder and armed robbery in a second indictment, and armed robbery in a third indictment. After all of his alleged accomplices entered pleas, appellant […]

147 S.E.2d 788 TURNER v. ASSOCIATED INDEMNITY CORPORATION. 41528.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1965. DECIDED JANUARY 31, 1966. REHEARING DENIED FEBRUARY 23, 1966. BELL, Presiding Judge. This is an action to recover upon an automobile liability insurance policy on account of injuries and damages to the plaintiff insured resulting from an automobile collision […]

535 S.E.2d 763 RABURN BONDING COMPANY ex rel ROLACK v. STATE OF GEORGIA. A00A0150.Court of Appeals of Georgia. DECIDED: JUNE 9, 2000 SMITH, Presiding Judge. Raburn Bonding Company appeals from the trial court’s denial of its motion for return of bond. Raburn posted a misdemeanor bond for David L. Rolack in June 1998. Rolack failed […]

502 S.E.2d 524 CLYDE v. PETERSON A98A0349.Court of Appeals of Georgia. DECIDED MAY 20, 1998. BEASLEY, Judge. Eleanor Clyde appeals an adverse verdict by the jury in her personal injury action against Michael Peterson arising out of a vehicle collision. She was a passenger in a truck driven by her husband which collided with Peterson’s […]

431 S.E.2d 133 PROPER v. THE STATE. A93A0281.Court of Appeals of Georgia. DECIDED APRIL 13, 1993. JOHNSON, Judge. A jury found John Proper guilty of one count of child molestation and one count of sexual battery arising out of two separate incidents involving his eight-year-old stepdaughter.[1] Proper appeals from his conviction and the denial of […]

408 S.E.2d 506 McGUIRE v. THE STATE. A91A0290.Court of Appeals of Georgia. DECIDED JULY 16, 1991. BANKE, Presiding Judge. The appellant was convicted on an indictment charging that he had committed an aggravated assault against one Judy Gilbert by assaulting her with a deadly weapon — specifically, a knife. Ms. Gilbert was attacked from behind […]

620 S.E.2d 596 EVORS v. THE STATE. A05A1233.Court of Appeals of Georgia. DECIDED SEPTEMBER 1, 2005. SMITH, Presiding Judge. This appeal arises out of imposition of a special condition of probation requiring Michael John Evors to register as a sexual offender. Evors contends that because he was sentenced under the First Offender Act, the trial […]

316 S.E.2d 589 BAUTZ v. BEST. 67337.Court of Appeals of Georgia. DECIDED MARCH 12, 1984. POPE, Judge. Appellant Jan Lyle Bautz brought this garnishment action in the State Court of Fulton County seeking collection of $8,503.34 allegedly due her as unpaid child support and alimony pursuant to a final judgment and decree of divorce entered […]

293 S.E.2d 533 U.S. ENTERPRISES, INC. v. MIKADO CUSTOM TAILORS. 63717.Court of Appeals of Georgia. DECIDED JULY 16, 1982. REHEARING DENIED JULY 30, 1982. CARLEY, Judge. Appellant-landlord and appellee-tenant entered into a lease of premises located at 3411 Chamblee-Tucker Road in DeKalb County. The lease was for a period of one year, commencing on September […]

26 S.E.2d 130 GAINES v. ALEXANDER. 29965.Court of Appeals of Georgia. DECIDED MAY 28, 1943. REHEARING DENIED JUNE 10, 1943. 1. Where a note sued on is copied in an exhibit attached to the petition, and in the note as copied there is contained the expression “etc.” it does not appear from the exhibit that […]

413 S.E.2d 495 SARGENT v. BLANKMANN et al. A91A1903.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1991. RECONSIDERATION DENIED DECEMBER 3, 1991. McMURRAY, Presiding Judge. Joan Frances Blankmann and Patrick Omar Bohan (plaintiffs) instituted an action against Carlton Willard Sargent (defendant), and others, after plaintiffs’ mother Gunar Naib Bohan allegedly suffered fatal injuries while a […]

438 S.E.2d 142 WAIRE v. THE STATE. A93A2292.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1993. BLACKBURN, Judge. This appeal is from the trial court’s denial of Waire’s motion to withdraw her guilty plea. Waire was arrested on a charge of fraudulent attempt to obtain a refund in violation of OCGA § 16-9-56. Four days […]

637 S.E.2d 208 NOORANI C-STORES, INC. v. TRICO V PETROLEUM, INC. et al. No. A06A1072.Court of Appeals of Georgia. DECIDED AUGUST 30, 2006. RECONSIDERATION DENIED SEPTEMBER 21, 2006. ANDREWS, Presiding Judge. Noorani C-Stores, Inc. (C-Stores), owned by Shaukat Karim Noorani (Noorani), appeals from the trial court’s grant of partial summary judgment to Trico V Petroleum, […]

464 S.E.2d 879 LEE v. CITY OF ATLANTA. A95A1695.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1995. BEASLEY, Chief Judge. Condemnee Lee appeals the grant of summary judgment to the City of Atlanta. The City brought a condemnation action to acquire access rights to a parcel owned by Crane abutting Cleveland Avenue in Atlanta. It […]

618 S.E.2d 36 BURKE v. THE STATE. A05A0370.Court of Appeals of Georgia. DECIDED JUNE 22, 2005. RECONSIDERATION DENIED JULY 14, 2005. BARNES, Judge. Thomas E. Burke appeals the trial court’s denial of his “Extraordinary Motion for Correcting a Void Sentence.” He contends the trial Page 403 court erred by denying his motion because a life […]

373 S.E.2d 93 JOHNSON et al. v. THE STATE. 76651, 76652.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1988. POPE, Judge. Defendants Jerry and Tony Johnson are brothers. They both were convicted of two counts of aggravated assault. Jerry Johnson was also convicted of escape. 1. The record shows that in response to the statutory […]

6 S.E.2d 142 AETNA CASUALTY SURETY CO. et al. v. CHANDLER. 27563.Court of Appeals of Georgia. DECIDED OCTOBER 27, 1939. REHEARING DENIED DECEMBER 13, 1939. There being no evidence upon which to support the award of the Department of Industrial Relations in favor of the claimant the court erred in sustaining that award. DECIDED OCTOBER […]

610 S.E.2d 627 NELSON v. THE STATE. A04A1882.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 2005. MIKELL, Judge. We granted Floyd S. Nelson’s application for interlocutory appeal of the trial court’s order denying his motion to suppress marijuana seized at his residence during a consent search. Nelson contends that the trial court erred in ruling […]

360 S.E.2d 447 CLARK v. THE STATE. 73937.Court of Appeals of Georgia. DECIDED JULY 16, 1987. REHEARING DENIED JULY 28, 1987. CARLEY, Judge. Appellant was indicted for trafficking in cocaine. He was tried before a jury and a guilty verdict was returned. The trial court, as it was authorized to do, granted a new trial […]

467 S.E.2d 7 PRUDENTIAL BANK et al. v. MOORE A95A2467Court of Appeals of Georgia. DECIDED JANUARY 17, 1996 — CERT. APPLIED FOR. BEASLEY, Chief Judge. The appellants Prudential Bank and its insurer appeal the trial court’s reversal of the denial of benefits to claimant Moore by the Appellate Division of the State Board of Worker’s […]

667 S.E.2d 388 MEMAR v. STYBLO et al. No. A08A1054.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 2008. ANDREWS, Judge. Does the five-year statute of repose in OCGA § 9-3-71 (b) bar a medical malpractice action filed within the repose period — but not brought by the real party in interest — when the real […]

65 S.E.2d 30 BOND, guardian, v. RAY. 33503.Court of Appeals of Georgia. DECIDED MAY 4, 1951. The petition set forth facts entitling plaintiff to a declaratory judgment and the court did not err in overruling the demurrers thereto. DECIDED MAY 4, 1951. Declaratory judgment; from Twiggs Superior Court — Judge Rowland. October 6, 1950. G. […]

694 S.E.2d 385 BROWN v. THE STATE. A10A0196.Court of Appeals of Georgia. DECIDED APRIL 22, 2010. PHIPPS, Presiding Judge. In connection with a single incident, Frank J. Brown III was indicted for aggravated assault (with a gun), criminal attempt to commit armed robbery, carrying a concealed weapon, and possession of a firearm during the commission […]

247 S.E.2d 204 JOHNSON v. THE STATE. 55986.Court of Appeals of Georgia.SUBMITTED MAY 22, 1978. DECIDED JULY 10, 1978. BIRDSONG, Judge. Sheree Johnson appeals her conviction of sale of a controlled substance. The sole enumeration of error complains of the denial of her motion for new trial based upon the general ground of insufficiency of […]

196 S.E.2d 896 WARE v. THE STATE. 47679.Court of Appeals of Georgia.ARGUED JANUARY 4, 1973. DECIDED MARCH 6, 1973. CLARK, Judge. Can an accused waive the right to withdraw a plea of guilty before judgment is pronounced? This appeal presents this question for the first time. Defendant female was indicted for murder. At the Page […]

651 S.E.2d 779 FRANCIS v. THE STATE. No. A07A0861.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 2007. BARNES, Chief Judge. In the second appearance of this case, Ashley Francis appeals her DUI conviction contending that she was denied effective assistance of counsel. In a prior opinion, we affirmed Francis’ conviction, but remanded the case for […]

371 S.E.2d 918 FLANDERS v. THE STATE. 76210.Court of Appeals of Georgia. DECIDED JULY 15, 1988. REHEARING DENIED JULY 28, 1988. CARLEY, Judge. Appellant was convicted of driving under the influence of drugs in violation of OCGA § 40-6-391 (a) (2). He appeals from the judgment of conviction and sentence entered by the trial court […]

362 S.E.2d 439 SERWITZ v. GENERAL ELECTRIC CREDIT CORPORATION. 74409.Court of Appeals of Georgia. DECIDED OCTOBER 23, 1987. CARLEY, Judge. In the first appearance of this case before this court, appellant-defendant was appealing from the denial of his motion to set aside the default judgment that had been entered against him after his answer had […]

545 S.E.2d 709 SCOTT v. THE STATE. A01A0937.Court of Appeals of Georgia. DECIDED: MARCH 9, 2001 ELDRIDGE, Judge. A Chatham County jury found Peter Miller Scott guilty of sale of cocaine. A recidivist count showing five prior cocaine convictions was included in the indictment, and Scott was sentenced to life imprisonment pursuant to O.C.G.A. § […]

411 S.E.2d 532 STITH v. THE STATE. A91A1375.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1991. RECONSIDERATION DENIED OCTOBER 24, 1991. BEASLEY, Judge. Following denial of his motion for new trial, Stith appeals his convictions for kidnapping, OCGA § 16-5-40 (a), armed robbery, OCGA § 16-8-41 (a), aggravated assault, OCGA § 16-5-21 (a), hindering the […]

581 S.E.2d 679 THE STATE v. McCLOUD. A03A0400.Court of Appeals of Georgia. DECIDED: APRIL 18, 2003 BARNES, Judge. The State appeals the trial court’s grant of Roverto McCloud’s motion to suppress evidence of cocaine found during a search incident to a traffic stop. Finding no error, we affirm. In reviewing a trial court’s order on […]

518 S.E.2d 444 FAVORS v. THE STATE. A99A0669.Court of Appeals of Georgia. DECIDED: MAY 25, 1999. RUFFIN, Judge. A DeKalb County jury convicted Demetrius Favors of aggravated assault, but acquitted him of armed robbery. The trial court denied Favors’ motion for new trial and Favors appeals, contending that the evidence was insufficient to support his […]

401 S.E.2d 617 GREENE et al. v. WOODARD. A90A2116.Court of Appeals of Georgia. DECIDED JANUARY 31, 1991. BEASLEY, Judge. The question is whether OCGA § 9-11-55 (a), a section of the Civil Practice Act regarding the opening of default judgments, governs an application for year’s support and caveat filed in probate court. We conclude that […]

578 S.E.2d 298 JACKSON v. THE STATE. (two cases) A02A2238, A02A2239.Court of Appeals of Georgia. DECIDED: FEBRUARY 18, 2003 BARNES, Judge. These companion appeals stem from the joint jury trial and subsequent convictions of Brian M. Jackson and Roddrick Lee Jackson, Jr. Brian was convicted of armed robbery, aggravated assault, and two counts of possession […]

342 S.E.2d 742 CAIN v. THE STATE. 71577.Court of Appeals of Georgia. DECIDED MARCH 11, 1986. BENHAM, Judge. Appellant was convicted of armed robbery (OCGA § 16-8-41). In his appeal, he raises seven enumerations of error. Finding none of them to be meritorious, we affirm the judgment of conviction. 1. Appellant first contends that the […]

474 S.E.2d 673 RUSSELL v. THE STATE. A96A1446.Court of Appeals of Georgia. DECIDED AUGUST 12, 1996. BEASLEY, Chief Judge. Russell appeals his conviction of possession of cocaine. OCGA § 16-13-30. Members of the Troup County Sheriff’s Department received an anonymous call informing them of drug use at the residence of Hardnett. When officers appeared on […]

333 S.E.2d 648 DAVIS et al. v. DAVIDSON et al. 69976.Court of Appeals of Georgia. DECIDED JULY 3, 1985. REHEARING DENIED JULY 12, 1985. McMURRAY, Presiding Judge. Plaintiffs, the owners of certain timberlands, entered into a contract with defendants whereby the defendants would cut and purchase certain pulpwood from the properties of plaintiffs. Following execution […]

33 S.E.2d 112 SISSON, guardian, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. 3017.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1945. FELTON, J. This court in Sisson v. American Mutual Liability Insurance Co., 71 Ga. App. 284 (30 S.E.2d 501), reversed the judgment of the superior court. The Supreme Court on certiorari (American Mutual […]

305 S.E.2d 801 STATE FARM FIRE CASUALTY COMPANY v. JENKINS. 65472.Court of Appeals of Georgia. DECIDED MAY 24, 1983. REHEARING DENIED JUNE 16, 1983. CARLEY, Judge. Appellant-insurance company appeals from a judgment entered on a verdict in favor of appellee-insured. The facts which gave rise to the instant appeal are as follows: On December 7, […]

499 S.E.2d 72 TATE et al. v. HOLLOWAY. A97A2558.Court of Appeals of Georgia. DECIDED JANUARY 28, 1998. RECONSIDERATION DENIED APRIL 1, 1998 — CERT. APPLIED FOR. RUFFIN, Judge. Billy Ray Holloway sued Max Tate and V. M. Battle Company, Inc. (“Battle”) for malicious prosecution. Following trial, the jury returned a verdict in favor of Holloway. […]

230 S.E.2d 106 SUDLOW v. THE STATE. 52945.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1976. DECIDED OCTOBER 22, 1976. DEEN, Presiding Judge. The defendant was tried and convicted for kidnapping and aggravated sodomy. The testimony in brief is that the defendant assaulted the prosecuting witness around midnight, August 28, 1975, as she was leaving her […]

445 S.E.2d 836 HASTY v. THE STATE. A94A0431.Court of Appeals of Georgia. DECIDED JUNE 30, 1994. McMURRAY, Presiding Judge. Defendant was tried before a jury and found guilty of simple battery, aggravated assault and uttering a terroristic threat. A judgment of conviction and sentence was entered on March 5, 1991, as to each charge. On […]

309 S.E.2d 624 RABUN v. WILLIAMS et al. 66368.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1983. REHEARING DENIED OCTOBER 18, 1983. McMURRAY, Presiding Judge. This is an action for damages arising from a motor vehicle collision. Plaintiff’s original complaint named the following as defendants: Williams, the operator of the taxi which was the other […]

241 S.E.2d 46 GORDON et al. v. GILLESPIE. 54682.Court of Appeals of Georgia.SUBMITTED OCTOBER 4, 1977. DECIDED DECEMBER 5, 1977. BELL, Chief Judge. This is a wrongful death case arising from a pedestrian-automobile collision. The jury returned a verdict for defendant. On the date of the collision the defendant departed her home in a car […]

207 S.E.2d 249 WILLINGHAM v. THE STATE. 49231.Court of Appeals of Georgia.SUBMITTED APRIL 5, 1974. DECIDED MAY 20, 1974. EVANS, Judge. The evidence in this case shows that a female, living alone, was physically assaulted and sodomy was committed upon her. The evidence strongly suggests that she was raped, although the indictment merely charges “aggravated […]

620 S.E.2d 463 FRANKLIN CREDIT MANAGEMENT CORPORATION v. FRIEDENBERG. A05A0942.Court of Appeals of Georgia. DECIDED AUGUST 25, 2005. BLACKBURN, Presiding Judge. In this action originally filed to collect on a promissory note (which complaint the plaintiff soon dismissed with prejudice), plaintiff Franklin Credit Management Corporation (“Franklin”) appeals the grant of summary judgment to Karen Friedenberg […]

97 S.E.2d 556 WOOD v. WESTERN ATLANTIC RAILROAD. 36553.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1957. 1. The general grounds are without merit. 2. No reversible error appears in the special grounds. DECIDED FEBRUARY 22, 1957. Action for damages; arbitration, directed verdict. Before Judge Manning. Cobb Superior Court. October 30, 1956. The Western Atlantic […]

232 S.E.2d 587 ECO-REZ, INC. et al. v. CITIZENS BANK OF SWAINSBORO. 53015.Court of Appeals of Georgia.SUBMITTED NOVEMBER 2, 1976. DECIDED JANUARY 6, 1977. REHEARING DENIED JANUARY 26, 1977. WEBB, Judge. The maker and two endorsers of a promissory note appeal from the judgment rendered against them in a suit on the note brought by […]

30 S.E.2d 117 JORDAN v. LIBERSON. 30470.Court of Appeals of Georgia. DECIDED MAY 6, 1944. PARKER, J. In an action by a tenant against her landlord for injuries alleged to have been sustained by the tenant because of a latent defect in the premises, the defendant’s renewed general demurrer to the petition as amended was […]

660 S.E.2d 457 DOSS v. CITY OF SAVANNAH et al. No. A07A2133.Court of Appeals of Georgia. DECIDED MARCH 28, 2008. ADAMS, Judge. Christa Doss appeals the trial court’s grant of summary judgment in favor of the City of Savannah, the City of Savannah Police Page 671 Department, Savannah Police Chief Daniel Flynn and Greg Capers […]

456 S.E.2d 754 ARCHER v. THE STATE. A95A0761.Court of Appeals of Georgia. DECIDED APRIL 5, 1995. BLACKBURN, Judge. Following a bench trial, the appellant, Stephen Edward Archer, was found guilty of one count of possession of cocaine in violation of the Georgia Controlled Substances Act and sentenced to three years probation. On appeal, Archer asserts […]

341 S.E.2d 274 JACKSON v. THE STATE. 71288.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1986. BENHAM, Judge. Appellant was indicted for and convicted of the misdemeanor of simple battery. OCGA § 16-5-23 (a) (1). In his sole enumeration of error, appellant contends that the State failed to prove venue. It was established at the […]

323 S.E.2d 634 THE STATE v. COOK; and vice versa. 68280, 68419.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1984. REHEARING DENIED OCTOBER 23, 1984. CARLEY, Judge. Mr. Joseph L. Chambers is the Director of the Prosecuting Attorneys’ Council (Council) which was established by OCGA §15-18-40 et seq. The District Attorney for the Eastern Judicial […]

246 S.E.2d 371 GOOLSBY v. WILSON et al. 55518.Court of Appeals of Georgia.ARGUED FEBRUARY 28, 1978. DECIDED JUNE 19, 1978. SHULMAN, Judge. On three separate occasions, during the course of three town hall meetings, appellee (then mayor of the City of Duluth) made certain statements concerning appellant (then Chief of Police of the City of […]

199 S.E.2d 375 WHITE et al. v. WATSON ENTERPRISES, INC. 47813.Court of Appeals of Georgia.ARGUED JANUARY 3, 1973. DECIDED JUNE 14, 1973. The grant of summary judgment to plaintiff for recovery of a real estate commission was proper but the dismissal of defendants’ supplemental counterclaim was error. ARGUED JANUARY 3, 1973 — DECIDED JUNE 14, […]

343 S.E.2d 497 SMIWAY, INC. v. DEPARTMENT OF TRANSPORTATION. DEPARTMENT OF TRANSPORTATION v. SCHIFFER et al. 70952, 71180.Court of Appeals of Georgia. DECIDED MARCH 11, 1986. REHEARING DENIED MARCH 24, 1986. CARLEY, Judge. The Department of Transportation (DOT) brought this action to condemn 0.280 acres of land and a building owned by Mrs. Schiffer and […]

245 S.E.2d 364 PARKER v. FIDELITY BANK. 55792.Court of Appeals of Georgia.ARGUED MAY 1, 1978. DECIDED MAY 17, 1978. DEEN, Presiding Judge. The appellee bank filed an unverified complaint in the State Court of Fulton County against Parker, Count 1 of which alleged that it was a suit on a judgment obtained in case no. […]

121 S.E.2d 668 FISHER v. THE STATE. 39000.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1961. The verdict being supported by the evidence the trial court did not err in denying the motion for new trial on the general grounds only. DECIDED SEPTEMBER 6, 1961. Involuntary manslaughter. Dodge Superior Court. Before Judge Whaley. W. H. […]

461 S.E.2d 562 GEARIN v. STATE OF GEORGIA. A95A1764.Court of Appeals of Georgia. DECIDED AUGUST 23, 1995. SMITH, Judge. Stanley Gearin was arrested on December 7, 1994, on charges of violating the Georgia Controlled Substances Act, DUI, and carrying a concealed weapon. The truck he was driving when he was arrested was seized pursuant to […]

396 S.E.2d 527 KLEMPNER et al. v. SAFEWAY INSURANCE COMPANY. A90A0490.Court of Appeals of Georgia. DECIDED JULY 11, 1990. REHEARINGS DENIED JULY 31, 1990. POPE, Judge. Members of plaintiff, a professional corporation, provided chiropractic health care to two patients injured in an automobile collision. Defendant Safeway Insurance Company was the no-fault carrier for the injured […]

420 S.E.2d 73 JOINER v. THE STATE. A92A0617.Court of Appeals of Georgia. DECIDED JUNE 10, 1992. RECONSIDERATION DENIED JUNE 22, 1992. SOGNIER, Chief Judge. James Joiner was convicted of aggravated assault and aggravated battery, and he appeals. 1. Appellant contends the trial court erred by excluding evidence showing a history of prior violence and threats […]

326 S.E.2d 796 COX v. THE STATE. 69273.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1985. CARLEY, Judge. Appellant was tried before a jury and convicted of two counts of molesting his 13-year-old daughter. He appeals from the judgment of conviction and sentence entered on the jury’s verdict. 1. Over objection, the State was allowed […]

484 S.E.2d 38 CARDWELL v. THE STATE. A96A2514.Court of Appeals of Georgia. DECIDED MARCH 10, 1997. ANDREWS, Chief Judge. Anthony S. Cardwell pled guilty to four counts of entering an automobile and was ordered to pay restitution to three victims as a condition of probation. He appeals,[1] contending that the State failed to prove the […]

388 S.E.2d 14 CATLETT v. CATLETT. A89A1942.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1989. REHEARING DENIED NOVEMBER 6, 1989. SOGNIER, Judge. Louise Catlett brought suit against her former husband, Raymond Catlett, seeking to recover damages for physical injuries, medical expenses, lost wages, and punitive damages resulting from three alleged intentional torts (assault, battery, and […]

387 S.E.2d 411 SPARLIN CHIROPRACTIC CLINIC, P.C. v. TOPS PERSONNEL SERVICES, INC. A89A1481.Court of Appeals of Georgia. DECIDED OCTOBER 13, 1989. BANKE, Presiding Judge. The appellee, TOPS Personnel Services, Inc., is an employment agency specializing in the placement of temporary employees. The appellant, Sparlin Chiropractic Clinic, P.C., brought the present action against TOPS seeking to […]

22 S.E.2d 348 SHEPPARD v. THE STATE. 29728.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1942. MacINTYRE, J. This case controlled by Sheppard v. State, ante; Henderson v. State, 95 Ga. 326 (3) (22 S.E. 537). Judgment affirmed. Broyles, C. J., and Gardner, J., concur. DECIDED OCTOBER 9, 1942. Operating slot machine; from Heard superior […]

417 S.E.2d 419 STATE FARM FIRE CASUALTY COMPANY v. GUEST. A91A1771.Court of Appeals of Georgia. DECIDED MARCH 19, 1992. RECONSIDERATION DENIED APRIL 2, 1992. COOPER, Judge. This interlocutory appeal arises out of an action brought by appellee to recover under the uninsured motorist provisions of an automobile insurance policy issued by appellant. Following the trial […]

445 S.E.2d 808 STATE OF GEORGIA v. GONZALES. A94A0604.Court of Appeals of Georgia. DECIDED JUNE 24, 1994. McMURRAY, Presiding Judge. The State of Georgia filed an in rem condemnation proceeding pursuant to OCGA § 16-13-49, alleging Virgilio Jesus Gonzales used certain property in furtherance of a violation of the Georgia Controlled Substances Act. Gonzales denied […]

232 S.E.2d 635 COLLINS v. THE STATE. 53306.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1977. DECIDED JANUARY 27, 1977. MARSHALL, Judge. Appellant Collins brings this appeal from the revocation of his probation of a sentence to serve twelve months for public drunkenness. The facts of this unusual case show that Collins entered a guilty plea […]

659 S.E.2d 925 HERNANDEZ v. CARNES. No. A08A0588.Court of Appeals of Georgia. DECIDED APRIL 3, 2008. BLACKBURN, Presiding Judge. In a dispute over an installment contract to purchase land, buyer Juan Hernandez appeals the denial of his motion for partial summary judgment and the grant of summary judgment to seller Anthony Carnes, contending that the […]

406 S.E.2d 283 PULLEN v. THE STATE. A91A0276.Court of Appeals of Georgia. DECIDED JUNE 5, 1991. POPE, Judge. Defendant Duane L. Pullen was charged by accusation with the offense of operating a vehicle while under the influence of alcohol and drugs. Defendant waived formal arraignment and pleaded not guilty. He waived trial by jury and […]

57 S.E.2d 445 COWETA COUNTY v. BANISTER, administrator. 32794.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1950. Construing the petition most strongly against the pleader, the conclusion is demanded that the sole proximate cause of the injuries sued for was the acts of the driver of the automobile, and that the absence of guardrails from […]

472 S.E.2d 6 CHESHIRE BRIDGE ENTERPRISES, INC. ET AL. v. THE STATE. A96A0660.Court of Appeals of Georgia. DECIDED MAY 14, 1996. POPE, Presiding Judge. Plaintiffs Cheshire Bridge Enterprises, Inc. (d/b/a “Club Anytime”) and C. A. V. Corporation (d/b/a “Weekends at Backstreet”) operate private clubs in Atlanta. After being cited by the State for selling alcoholic […]

283 S.E.2d 40 GRIFFITH v. THE STATE. 61484.Court of Appeals of Georgia. DECIDED JUNE 24, 1981. REHEARING DENIED JULY 13, 1981. POPE, Judge. Jerry W. Griffith was convicted on three counts of criminal issuance of a bad check. This case was tried by the court without the intervention of a jury. 1. The Supreme Court […]

161 S.E.2d 390 BRACEWELL v. BRACEWELL et al., Administrators. 43295.Court of Appeals of Georgia.SUBMITTED JANUARY 9, 1968. DECIDED APRIL 1, 1968. PANNELL, Judge. On June 22, 1965, G. T. Bracewell and W. H. Bracewell were appointed administrators of the estate of James Bracewell, deceased, pursuant to an agreement of the seven sons of James Bracewell […]

507 S.E.2d 221 HORTON v. THE STATE. A98A1272.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1998. BEASLEY, Judge. Convicted and sentenced on three counts of armed robbery (OCGA § 16-8-41) and one count of theft by taking (OCGA § 16-8-2), Vershorn Horton enumerates three errors: (i) the court found he did not establish a prima […]

261 S.E.2d 787 WOODRING v. THE STATE. 58306.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 24, 1979. DECIDED OCTOBER 22, 1979. UNDERWOOD, Judge. Woodring was convicted in the Superior Court of Hall County of armed robbery and aggravated battery. After the appeal was filed in this court, appellant’s counsel filed a request for permission to withdraw as […]