Category: Georgia Court of Appeals Opinions

610 S.E.2d 558 SCOTTSDALE INSURANCE COMPANY v. GREAT AMERICAN ASSURANCE COMPANY. A04A2148.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 2005. RECONSIDERATION DENIED FEBRUARY 18, 2005. MILLER, Judge. Scottsdale Insurance Company (Scottsdale) appeals from the grant of summary judgment to Great American Assurance Company (Great American) on its claim to satisfy a judgment entered against Great […]

111 S.E.2d 256 GRIER et al. v. GRIER. 37894.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1959. REHEARING DENIED OCTOBER 5, 1959. TOWNSEND, Judge. The only judgment on which error is assigned in this bill of exceptions is one overruling and striking a plea of each of the defendants contending that the action should abate […]

107 S.E.2d 295 ANDERSON v. LOCKHEED AIRCRAFT CORPORATION et al. 37440.Court of Appeals of Georgia. DECIDED JANUARY 15, 1959. Where, as in this case, an employee filed a claim for workmen’s compensation on November 7, 1956, for an injury to his back, and there is a doctor’s report in evidence which states he treated the […]

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 […]

495 S.E.2d 651 JOHNSON et al. v. KVASNY et al. A97A2002.Court of Appeals of Georgia. DECIDED JANUARY 14, 1998. McMURRAY, Presiding Judge. This is a dog bite case. Seven year-old plaintiff Brandon Johnson was a guest in the home of defendants Jeffrey Kvasny and Lynette Kvasny. The Kvasny’s owned a Rottweiler dog, Damion, which the […]

295 S.E.2d 164 IVEY v. SCOGGINS (two cases). 64212, 64213.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1982. REHEARING DENIED OCTOBER 5, 1982. POPE, Judge. In October 1973 Dr. Henry Scoggins, defendant/appellee physician, performed a hysterectomy upon plaintiff/appellant Mrs. Ivey. After the surgery, Mrs. Ivey complained of pain in the “left flank” area with accompanying […]

420 S.E.2d 792 BURRITT v. MEDIA MARKETING SERVICES, INC. A92A0458.Court of Appeals of Georgia. DECIDED JULY 8, 1992. CARLEY, Presiding Judge. Appellant-plaintiff was employed as a commissioned salesperson by appellee-defendant. When her employment was terminated, appellant filed a multi-count complaint against appellee. After discovery, cross-motions for summary judgment were filed. The trial court granted summary […]

615 S.E.2d 564 PAYNE v. THE STATE. A05A0560.Court of Appeals of Georgia. DECIDED MAY 31, 2005. BERNES, Judge. Frederick Donald Payne, Jr. appeals his convictions of aggravated battery and simple battery. Payne contends the trial court erred in denying his motion for new trial on the ground of ineffective assistance of counsel and challenges the […]

684 S.E.2d 432 WILLIAMS v. THE STATE. No. A09A1647.Court of Appeals of Georgia. DECIDED OCTOBER 6, 2009. MIKELL, Judge. Jonathan Williams brings this pro se appeal from an order denying his motion to correct an order amending his sentence, contending that the trial court erred when it did not give him credit for time served […]

71 S.E.2d 899 JACKSON, administratrix, v. CENTRAL OF GEORGIA RAILWAY COMPANY. 34079.Court of Appeals of Georgia. DECIDED JULY 3, 1952. REHEARING DENIED JULY 16, 1952. 1. Under the Code, § 105-1309, it is necessary that the person for whose benefit an action is brought by an administrator for the homicide of the intestate be the […]

635 S.E.2d 234 CAMP v. COWETA COUNTY et al. No. A04A2289.Court of Appeals of Georgia. DECIDED JULY 31, 2006. ANDREWS, Presiding Judge. In Camp v. Coweta County, 280 Ga. 199 (625 SE2d 759) (2006), the Supreme Court reversed Division 2 of this Court’s opinion in Camp v. Coweta County, 271 Ga. App. 349 (609 SE2d […]

618 S.E.2d 42 HOWE ASSOCIATES, P.C. v. DANIELS. A05A0420.Court of Appeals of Georgia. DECIDED JUNE 28, 2005. RECONSIDERATION DENIED JULY 12, 2005. BARNES, Judge. Howe Associates, P.C., former attorneys of Nikki C. Taylor and William D. Taylor,[1] appeal the trial court’s order enforcing an attorney fees lien in favor of Jerry A. Daniels, the attorney […]

69 S.E.2d 885 BURGESS v. KEENE. 33876.Court of Appeals of Georgia. DECIDED MARCH 7, 1952. WORRILL, J. Where the only entry of service on a bill of exceptions is an affidavit by counsel for the plaintiff in error to the effect that he mailed a copy of the same to the attorney for the defendant […]

116 S.E.2d 313 DAVIS v. HULSEY et al. 38390.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1960. NICHOLS, Judge. 1. “The act of March 10, 1933 (Ga. L. 1933, p. 290 et seq.), which by amendment is now applicable to the Civil Court of Fulton County, provides, in part: Sec. 42 (c) In all cases […]

54 S.E.2d 646 MERCK v. FLYNN. 32339.Court of Appeals of Georgia. DECIDED JULY 12, 1949. REHEARING DENIED JULY 27, 1949. The issues raised by the defendant’s counter-affidavit to the dispossessory-warrant proceeding had not been previously adjudicated, and he was not estopped to plead them. DECIDED JULY 12, 1949. REHEARING DENIED JULY 27, 1949. Dispossessory warrant; […]

202 S.E.2d 257 CORNOG v. THE STATE. 48295.Court of Appeals of Georgia.SUBMITTED JULY 9, 1973. DECIDED OCTOBER 22, 1973. CLARK, Judge. After a conviction for voluntary manslaughter under a murder indictment, defendant brought this appeal from the overruling of his new trial motion as amended. In addition to the general grounds there is a special […]

259 S.E.2d 707 DAVIDSON v. BAIER CORPORATION. 58139.Court of Appeals of Georgia.ARGUED JULY 2, 1979. DECIDED SEPTEMBER 12, 1979. DEEN, Chief Judge. In March, 1973, the appellant purchased from the appellee’s assignor a certain tract of land for which he executed a note and deed to secure debt for the balance of the purchase price, […]

190 S.E.2d 131 GEORGIA-PACIFIC CORPORATION v. DAN AUSTIN PROPERTIES, INC. et al. 47068.Court of Appeals of Georgia.ARGUED APRIL 5, 1972. DECIDED APRIL 19, 1972. REHEARING DENIED MAY 3, 1972. EBERHARDT, Presiding Judge. Ron-Fra Development Corporation contracted with Dan Austin Properties, Inc., Glen Cove, Inc., and Glen Pines, Inc., to construct an apartment complex on property […]

366 S.E.2d 795 AMERICAN MEDICAL INTERNATIONAL, INC. v. CHARTER LAKE HOSPITAL, INC. et al. CHARTER LAKE HOSPITAL, INC. v. AMERICAN MEDICAL INTERNATIONAL, INC. 75589, 75590.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1988. REHEARING DENIED MARCH 4, 1988. SOGNIER, Judge. The State Health Planning Agency (SHPA) approved the application of American Medical International, Inc. (AMI) […]

159 S.E.2d 113 PARTRIDGE et al. v. LEE. 43222.Court of Appeals of Georgia.SUBMITTED NOVEMBER 9, 1967. DECIDED DECEMBER 5, 1967. 1. The trial judge properly excluded evidence that the plaintiff received reimbursement from his insurance company since such fact constituted no defense to the plaintiff’s claim for damages to his vehicle. 2. Where no objection […]

364 S.E.2d 298 SPICEWOOD, INC. v. DYKES PAVING CONSTRUCTION COMPANY, INC. et al. 74504.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1987. REHEARING DENIED DECEMBER 18, 1987. McMURRAY, Presiding Judge. Dykes Paving Construction Company, Inc. (Dykes) entered into a contract with Spicewood, Inc. whereby Dykes agreed to furnish all labor, equipment, and material to perform […]

211 S.E.2d 626 THOMAS v. HOME CREDIT COMPANY et al.; and vice versa. 49762, 49791.Court of Appeals of Georgia.ARGUED SEPTEMBER 30, 1974. DECIDED DECEMBER 2, 1974. REHEARING DENIED DECEMBER 19, 1974. STOLZ, Judge. This is the second appearance of this case in this court. Se Thomas v. Home Credit Co., 125 Ga. App. 876 (189 […]

601 S.E.2d 370 IN THE INTEREST OF M.B., a child. IN THE INTEREST OF C.B., a child. IN THE INTEREST OF D.B., a child. A04A0586, A04A0587, A04A0588.Court of Appeals of Georgia. DECIDED JUNE 9, 2004. ADAMS, Judge. M.B., C.B. and D.B., along with T.C., a fourth minor child, were charged with the offense of criminal […]

632 S.E.2d 446 OLDHAM v. SELF. A06A0487.Court of Appeals of Georgia. DECIDED JUNE 9, 2006. MIKELL, Judge. Brandy Dawn Self, individually and as administrator of the estate of decedent, Stephen A. Sumowski, and as next friend of Page 704 Sumowski’s minor daughter, sued Kevin D. Oldham, Sumowski’s former business partner and the beneficiary of Sumowski’s […]

526 S.E.2d 916 KIDD v. THE STATE. A99A2519.Court of Appeals of Georgia. DECIDED: DECEMBER 14, 1999. ELLINGTON, Judge. Following a jury trial, Andrew Roy Kidd was convicted of burglary, OCGA § 16-7-1, and possession of tools for the commission of crime, OCGA § 16-7-20. Kidd appeals from the trial court’s denial of his motion for […]

494 S.E.2d 373 VEAL v. THE STATE. A97A1804.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1997. RUFFIN, Judge. Johnny Veal was indicted for armed robbery and two counts of aggravated assault. Veal’s first trial was declared a mistrial due to a hung jury. In a second trial, a jury found Veal guilty of two counts […]

673 S.E.2d 573 MCKNIGHT v. THE STATE. No. A08A1912.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 2009. DOYLE, Judge. A Gordon County jury found Christy Ann McKnight guilty of possession of methamphetamine with intent to distribute.[1] On appeal, McKnight argues that the trial court erred by denying her motion to suppress evidence seized during a […]

85 S.E.2d 490 McDANIEL v. THE STATE. 35134.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1954. REHEARING DENIED NOVEMBER 30, 1954. The evidence is sufficient to sustain the verdict of voluntary manslaughter. DECIDED SEPTEMBER 27, 1954 — REHEARING DENIED NOVEMBER 30, 1954. Voluntary manslaughter. Before Judge Geer. Randolph Superior Court. February 27, 1954. This case […]

204 S.E.2d 315 STATE HIGHWAY DEPARTMENT v. FUTCH. 48928.Court of Appeals of Georgia.ARGUED JANUARY 11, 1974. DECIDED JANUARY 29, 1974. EBERHARDT, Presiding Judge. The Highway Department sought by a declaration of taking procedure in eminent domain to acquire 12.4 acres of farm land belonging to Edwin H. Futch, which were to be used in the […]

637 S.E.2d 825 THE STATE v. JOHNSON. No. A06A0864.Court of Appeals of Georgia. DECIDED OCTOBER 25, 2006. BARNES, Judge. The State of Georgia appeals the trial court’s grant of a motion to suppress[1] contending the continued detention of Michael Johnson was legal. For the reasons stated below, we reverse the trial court. A police sergeant […]

521 S.E.2d 891 IN THE INTEREST OF C. J. B. et al., children. A99A2034, A99A2035.Court of Appeals of Georgia. DECIDED AUGUST 30, 1999. JOHNSON, Chief Judge. The juvenile court terminated the parental rights of the mother and father of four boys and two girls. The parents filed separate appeals in which they each claim there […]

454 S.E.2d 602 GRIFFITH et al. v. BROOKS. A94A2776.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1995. ANDREWS, Judge. Griffith, the biological father of T. S. G., appeals from the order granting Brooks’ adoption petition, thereby terminating his parental rights, after the retrial required by Griffith v. Brooks, 193 Ga. App. 762 Page 402 (389 […]

649 S.E.2d 823 LINCOLN ELECTRIC COMPANY et al. v. GAITHER et al. No. A07A0177.Court of Appeals of Georgia. DECIDED JULY 12, 2007. RUFFIN, Judge. In ten lower court cases, over 350 plaintiffs, including Bobby Gaither, sued over forty companies, including Lincoln Electric Company, alleging that they were injured as a result of exposure to welding […]

424 S.E.2d 810 WADE et al. v. MITCHELL et al. A92A0895.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1992. RECONSIDERATION DENIED NOVEMBER 17, 1992. BIRDSONG, Presiding Judge. Appellants, James and Janice Wade, brought suit against appellees for personal injuries and loss of consortium, respectively. This is an appeal from the order of the state court […]

556 S.E.2d 547 HAWKS et al. v. HINELY et al. HINELY et al. v. HAWKS et al. BRACKETT et al. v. HAWKS et al. A01A1184 A01A1185 A01A1186.Court of Appeals of Georgia. DECIDED: NOVEMBER 16, 2001 BLACKBURN, Chief Judge. In these three related appeals involving Georgia’s Anti-Strategic Lawsuit Against Public Participation (SLAPP) Statute, O.C.G.A. § 9-11-11.1, […]

166 S.E.2d 394 SAMS, Executor v. FIRST NATIONAL BANK OF ATLANTA et al. 44165.Court of Appeals of Georgia.ARGUED JANUARY 9, 1969. DECIDED JANUARY 24, 1969. 1. Where a savings account was opened with a bank in the names of two people under an agreement that it was to be a joint tenancy with right of […]

329 S.E.2d 189 BERRYHILL v. STATE FARM FIRE CASUALTY COMPANY. 69171.Court of Appeals of Georgia. DECIDED MARCH 4, 1985. REHEARING DENIED MARCH 22, 1985. POPE, Judge. On March 22, 1978 vehicles driven by appellant Virginia Berryhill and Jerry Delton Kicklighter, the insured of appellee State Farm, collided. On April 13, 1978 State Farm paid Berryhill […]

389 S.E.2d 498 STATE OF GEORGIA v. U.S. OIL COMPANY, INC. A89A0940.Court of Appeals of Georgia. DECIDED NOVEMBER 8, 1989. REHEARING DENIED DECEMBER 15, 1989. BENHAM, Judge. This is an interlocutory appeal from the denial of appellant’s motions for judgment on the pleadings and summary judgment in appellee’s suit alleging breach of a contract to […]

330 S.E.2d 801 BRADBURY et al. v. MEAD CORPORATION, MEAD PRODUCTS DIVISION. 70087.Court of Appeals of Georgia. DECIDED APRIL 17, 1985. POPE, Judge. Plaintiff Mead Corporation brought this action against defendants John Paul Bradbury, Sr. and Jr. to enforce a settlement agreement which was entered into between the parties to resolve an action which had […]

418 S.E.2d 124 PELIS v. LaPORTE et al. A92A0181.Court of Appeals of Georgia. DECIDED APRIL 8, 1992. BEASLEY, Judge. Pelis is a former City of Atlanta police officer who was dismissed by the city Civil Service Board of which appellee LaPorte is chairman. Pelis was indicted for bribery and found not guilty by a superior […]

74 S.E.2d 253 BRADY v. GLOSSON. 34314.Court of Appeals of Georgia. DECIDED JANUARY 28, 1953. The second count of the petition stated a cause of action based on wanton and wilful conduct of the defendant, and the trial court erred in sustaining the general demurrer to that count and in dismissing the petition. DECIDED JANUARY […]

346 S.E.2d 106 IN RE J. L. L. M. A. M. 71741.Court of Appeals of Georgia. DECIDED JUNE 6, 1986. McMURRAY, Presiding Judge. On April 26, 1985, the juvenile court entered an order terminating the parental rights of the natural parents of J. L. L. II, a male child born on December 28, 1976, and […]

493 S.E.2d 736 IN THE INTEREST OF T. D. W., a child. A97A1527.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1997. POPE, Presiding Judge. T. D. W., a minor, was adjudicated delinquent on the offenses of leaving the scene of an accident, reckless driving, and aggravated assault, and appeals. 1. T. D. W. argues that […]

72 S.E.2d 553 POTTS v. THE STATE. 34229.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1952. 1. Where evidence partly competent and partly incompetent is offered as a whole and objected to as a whole, the illegal portion not being objected to separately, admitting all of such evidence affords no legal cause of complaint to […]

501 S.E.2d 305 IN THE INTEREST OF D. M. C., a child. A98A0637.Court of Appeals of Georgia. DECIDED MAY 5, 1998. Judge Marvin W. Sorrells. 1. Background of the Case. In November 1995, the Juvenile Court of Cobb County terminated defendant/appellant’s parental rights to his minor son principally because appellant had pled guilty in 1995 […]

449 S.E.2d 624 PETERS v. DAVIS. A94A1986.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1994. RECONSIDERATION DENIED OCTOBER 19, 1994. BIRDSONG, Presiding Judge. Appellant/plaintiff Anthony Eugene Peters appeals from the jury verdict in favor of appellee/defendant Angela D. Davis a/k/a Angela D. Nance, the judgment, and the trial court’s denial of appellant’s motion for new […]

256 S.E.2d 472 ATLANTA INTERNATIONAL PROPERTIES, INC. v. GEORGIA UNDERWRITING ASSOCIATION. 57495.Court of Appeals of Georgia.SUBMITTED MARCH 8, 1979. DECIDED APRIL 24, 1979. DEEN, Chief Judge. In March, 1976, the appellant in writing requested of appellee insurance coverage for fire, extended coverage, vandalism and malicious mischief (designated on the application as “Fire, E.C. VMM”) on […]

520 S.E.2d 1 KHAWAJA v. LANE COMPANY, INC. KHAWAJA v. SUMMERCOURT PROPERTIES, L.P. A99A0068, A99A0322.Court of Appeals of Georgia. DECIDED: MAY 18, 1999. SMITH, Judge. These companion appeals arise out of the trial court’s grant of summary judgment to Realty Management Corporation and to Summercourt Properties, L.P. in a personal injury action filed by Nazir […]

674 S.E.2d 89 OLGUIN v. THE STATE. No. A08A1841.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 2009. BERNES, Judge. Arturo Olguin entered a negotiated guilty plea to charges of rape, kidnapping, and aggravated assault. Approximately five years later, Olguin, appearing pro se, filed a motion for an out-of-time appeal. The trial court denied the motion, […]

415 S.E.2d 299 MUCKLE v. THE STATE. A91A1833.Court of Appeals of Georgia. DECIDED JANUARY 24, 1992. RECONSIDERATION DENIED FEBRUARY 10, 1992. CARLEY, Presiding Judge. In a multi-count indictment, appellant was charged with two counts of rape, three counts of aggravated sodomy, two counts of aggravated assault, and two counts of burglary. He was tried before […]

379 S.E.2d 11 NEWT v. THE STATE. 77588.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1989. BENHAM, Judge. In this appeal from appellant’s conviction for armed robbery, the only issue presented for appellate review is whether the trial court erred in denying appellant’s plea in bar in which he asserted that the indictment should be […]

235 S.E.2d 637 JEWELL v. THE STATE. 53739.Court of Appeals of Georgia.SUBMITTED APRIL 12, 1977. DECIDED MAY 2, 1977. QUILLIAN, Presiding Judge. The defendant appeals his conviction for possession of nontax-paid liquor. Held: 1. The evidence was sufficient to sustain the verdict. 2. The trial judge charged: “Now I charge you Ladies and Gentlemen that […]

108 S.E.2d 282 ALLEY v. THE STATE. 37549.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1959. REHEARING DENIED MARCH 26, 1959. CARLISLE, Judge. 1. The Court of Appeals has no authority to decide any question in a case unless it is made by a specific assignment of error in the bill of exceptions (Code § […]

276 S.E.2d 78 BARON et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. 60597.Court of Appeals of Georgia. DECIDED JANUARY 7, 1981. CARLEY, Judge. On October 6, 1978, the appellants, the Barons, were involved in an automobile collision. At that time Mr. Baron was operating and Mrs. Baron was a passenger in a vehicle owned […]

639 S.E.2d 528 PAYNE v. WARREN et al. A06A2469.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 2006. BLACKBURN, Presiding Judge. John Payne appeals the grant of summary judgment to Ellis Warren and Harold Warren (d/b/a Kings Bay Properties), contending that material issues of fact exist as to whether partial performance of an oral contract for […]

240 S.E.2d 925 GARVIN v. THE STATE. 54664.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1977. DECIDED DECEMBER 5, 1977. REHEARING DENIED DECEMBER 19, 1977. BIRDSONG, Judge. Appellant Garvin was convicted along with a co-defendant of the armed robbery of two sisters and an aggravated assault committed upon the husband of one of the sisters. Each […]

574 S.E.2d 367 FOSKEY v. VIDALIA CITY SCHOOL. A02A1850.Court of Appeals of Georgia. DECIDED: NOVEMBER 7, 2002 ELDRIDGE, Judge. On April 15, 1998, Oris Joseph Reed, a school bus driver for the Vidalia School District, in operating his bus in Vidalia, Toombs County, caused Joyce Foskey to skid into a curb. On August 13, 1999, […]

703 S.E.2d 356 SCOGGINS v. THE STATE. No. A10A1427.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 2010. MILLER, Chief Judge. Matthew A. Scoggins was convicted at a stipulated bench trial upon one count of driving under the influence of alcohol to the extent he was a less safe driver (OCGA § 40-6-391 (a) (1)) and […]

234 S.E.2d 404 GREGORY v. MAYOR c. OF ATHENS. 53621.Court of Appeals of Georgia.ARGUED MARCH 3, 1977. DECIDED MARCH 18, 1977. REHEARING DENIED MARCH 31, 1977. Mrs. Gregory, the appellant here, originally brought an ejectment action against the appellees; she was successful. On appeal Mrs. Gregory’s writ of possession was affirmed. 231 Ga. 710 (203 […]

91 S.E.2d 372 NORTHERN FREIGHT LINES, INC., et al. v. TURNER. 35975.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1956. CARLISLE, J. 1. Where, as in the present case, the general grounds of a motion for new trial have been expressly abandoned in the brief of counsel for the plaintiff in error, such grounds will […]

21 S.E.2d 476 PUBLIC FINANCE CORPORATION et al. v. THE STATE. 29417.Court of Appeals of Georgia. DECIDED JULY 16, 1942. 1. “It is the policy of the laws of this State to inhibit the taking of usury under every and any pretense or contrivance whatsoever.” McGehee v. Petree, 165 Ga. 492 (141 S.E. 206). 2. […]

233 S.E.2d 234 SELF v. THE STATE. 53219.Court of Appeals of Georgia.SUBMITTED JANUARY 18, 1977. DECIDED FEBRUARY 2, 1977. BELL, Chief Judge. Defendant was convicted of a violation of the Georgia Controlled Substances Act. Held: Defendant complains that the court erred in allowing Page 180 two witnesses to testify that an arrest warrant was pending […]

291 S.E.2d 124 WILLIAMSON v. BANK BUILDING EQUIPMENT CORPORATION OF AMERICA. 63781.Court of Appeals of Georgia. DECIDED MAY 7, 1982. QUILLIAN, Chief Judge. This is an appeal of the grant of partial summary judgment to appellee and concomitant denial of the same to appellant on appellant’s claim for an additional sales commission. Held: 1. Appellant […]

599 S.E.2d 489 EDWARDS et al. v. GRAPEFIELDS, INC. et al.; and vice versa. A04A0444, A04A0445.Court of Appeals of Georgia. DECIDED April 14, 2004. RECONSIDERATION DENIED MAY 14, 2004 — CERT. APPLIED FOR. ADAMS, Judge. On January 23, 2001, Sara Edwards sued Grapefields, Inc. and Lee Kosby seeking (i) an accounting of the business of […]

163 S.E.2d 895 GREENE v. ATLANTIS REALTY COMPANY, INC. 43953.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1968. DECIDED SEPTEMBER 26, 1968. QUILLIAN, Judge. Atlantis Realty Company, Inc. filed a claim against Shirley F. and Grace H. Greene for a commission due for an alleged breach of an exclusive sales contract. The defendants filed a motion […]

254 S.E.2d 889 WOOTEN et al. v. CITY OF ATLANTA et al. 57169.Court of Appeals of Georgia.SUBMITTED JANUARY 10, 1979. DECIDED APRIL 4, 1979. SHULMAN, Judge. Appellants, upon their termination from the Atlanta Bureau of Police Services (hereinafter “Bureau”), brought a proceeding for declaratory and injunctive relief against Page 569 appellees — City of Atlanta, […]

428 S.E.2d 420 HASTY v. SPRUILL. A92A1706.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1993. JOHNSON, Judge. This is a personal injury case arising out of an intentional criminal act. Sam Hasty shot William Spruill in the face and shoulder with a shotgun. He was indicted for aggravated assault, for being a convicted felon in […]

330 S.E.2d 429 McCRARY v. THE STATE. 69876.Court of Appeals of Georgia. DECIDED APRIL 4, 1985. DEEN, Presiding Judge. The appellant, Michael McCrary, brings this direct appeal from the order of August 23, 1984, revoking his probation because of a violation of the Georgia Controlled Substances Act. Effective July 1, 1984, however, all appeals from […]

553 S.E.2d 829 DOUGLAS v. SEIDL A01A1582.Court of Appeals of Georgia. DECIDED: AUGUST 8, 2001 PHIPPS, Judge. Michael Douglas sued John Seidl for injuries sustained in an automobile collision. The trial court granted summary judgment to Seidl on the ground that Douglas failed to act diligently to effect service of process after the statute of […]

326 S.E.2d 800 BAUGHMAN v. THE STATE. 69352.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1985. CARLEY, Judge. Appellant was convicted of one count of burglary. He appeals. 1. Appellant enumerates as error the denial of his motion for a directed verdict. He contends that there was no evidence of an unauthorized entry into the […]

568 S.E.2d 171 LIFESTYLE FAMILY, L. P. et al. v. LAWYERS TITLE INSURANCE CORPORATION. A02A0668.Court of Appeals of Georgia. DECIDED: JULY 2, 2002 MIKELL, Judge. In this dispute over real estate brokerage commissions, Lifestyle Family, L. P. and Mansour Properties, L.L.C. (“Lifestyle Mansour”) appeal a judgment entered on a jury verdict in favor of Ben […]

503 S.E.2d 76 DARTY v. STATE A98A1161.Court of Appeals of Georgia. DECIDED JUNE 9, 1998. BLACKBURN, Judge. Rick Darty appeals his conviction of theft by shoplifting following a jury trial. Darty contends the evidence was insufficient to support the verdict and the trial court erred in refusing to give his requested charge on mistake of […]

340 S.E.2d 620 EVANS v. THE STATE. 71509.Court of Appeals of Georgia. DECIDED JANUARY 7, 1986. REHEARING DENIED JANUARY 24, 1986. POPE, Judge. Margorie Gale Evans stood trial on one count of incest and two counts of child molestation. The trial court directed verdicts regarding two of the charges (one of the child molestation charges, […]

5 S.E.2d 925 BURKETT v. ELROD. 27660.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1939. BROYLES, C. J. The plaintiff sued the defendant for damages for the alienation of his wife’s affections and for criminal conversation with her. No demurrer to the petition was filed. After the plaintiff’s evidence was in, the court on motion […]

710 S.E.2d 207 MCCOBB et al. v. CLAYTON COUNTY. No. A11A0048.Court of Appeals of Georgia. DECIDED APRIL 11, 2011. ELLINGTON, Chief Judge. Sherri McCobb, individually and as the administratrix of the estate of her son, Larry Smith, brought this wrongful death action in the Superior Court of Clayton County against Clayton County, alleging that the […]

91 S.E.2d 317 JENKINS v. BRIDGES. 35976.Court of Appeals of Georgia. DECIDED JANUARY 25, 1956. An amendment to a petition may contain additional matter descriptive of the same wrong pleaded in the original petition, but it must not plead any other or different wrong. DECIDED JANUARY 25, 1956. Action for damages. Before Judge Rees. Webster […]

497 S.E.2d 612 OSBORNE BONDING SURETY COMPANY v. GLAZE. A97A1908.Court of Appeals of Georgia. DECIDED MARCH 5, 1998. POPE, Presiding Judge. On February 15, 1989, the Probate Court of Clayton County appointed Mary Esposito as guardian over the property of her minor son, who inherited money from his deceased father. Following her appointment, Esposito entered […]

544 S.E.2d 201 DUKE v. THE STATE. A00A2377.Court of Appeals of Georgia. DECIDED: JANUARY 9, 2001. JOHNSON, Presiding Judge. Walter Duke appeals from his conviction of obstructing a law enforcement officer. Because the trial court erred in denying Duke’s motion to suppress evidence, we must reverse the conviction. At about 12:40 a.m., on December 31, […]

217 S.E.2d 448 MURRAY v. THE STATE. 50767.Court of Appeals of Georgia.ARGUED MAY 21, 1975. DECIDED JUNE 18, 1975. REHEARING DENIED JULY 7, 1975. EVANS, Judge. Defendant pleaded guilty to aggravated assault in the shooting of two persons, one of whom was his estranged wife who had a divorce suit pending against him. The sentence […]

421 S.E.2d 763 SHEPARD et al. v. FEDERAL LAND BANK OF COLUMBIA et al. A92A0722.Court of Appeals of Georgia. DECIDED JULY 14, 1992. RECONSIDERATION DENIED JULY 30, 1992. COOPER, Judge. Appellee Federal Land Bank of Columbia (“FLB”) filed this declaratory judgment action seeking a determination of the ownership and lien interest in a disputed peanut […]

196 S.E.2d 879 SAKS FIFTH AVENUE v. EDWARDS. 47883.Court of Appeals of Georgia.SUBMITTED FEBRUARY 13, 1973. DECIDED MARCH 2, 1973. STOLZ, Judge. 1. In this suit on an open account the trial judge, sitting without a jury, rendered judgment in favor of the defendant. In such cases the judgment will not be disturbed if it […]

13 S.E.2d 731 SMITH v. C. I. T. CORPORATION et al. 28756.Court of Appeals of Georgia. DECIDED MARCH 11, 1941. An unforeclosed retention-of-title contract can not at law be the basis for a claim to money which is in court for distribution. DECIDED MARCH 11, 1941. Money rule; from Floyd superior court — Judge Porter. […]

446 S.E.2d 242 IN THE INTEREST OF C. P. M., a child. A94A1009.Court of Appeals of Georgia. DECIDED JULY 5, 1994. BEASLEY, Presiding Judge. Appellant was adjudicated delinquent based in part on a charge of driving under the influence of alcohol to the extent it was less safe for him to drive. OCGA § 40-6-391 […]

526 S.E.2d 887 COX v. THE STATE. A99A2479.Court of Appeals of Georgia. DECIDED: DECEMBER 9, 1999. BLACKBURN, Presiding Judge. Following a jury trial, William Harold Cox appeals from his convictions of one count of child molestation, two counts of incest and three counts of aggravated child molestation. Cox contends that the trial court erred by: […]

289 S.E.2d 823 AMERICAN CYANAMID COMPANY v. RING et al. 61078.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1982. REHEARING DENIED FEBRUARY 18, 1982. DEEN, Presiding Judge. The decision of the Court of Appeals in this case (American Cyanamid Co. v. Ring, 158 Ga. App. 525 (281 S.E.2d 247) (1981)), having been reversed by the […]

331 S.E.2d 600 LAWRENCE v. THE STATE. McCORMICK v. THE STATE. 69714, 69912.Court of Appeals of Georgia. DECIDED APRIL 17, 1985. REHEARING DENIED MAY 17, 1985. DEEN, Presiding Judge. Kenneth Lawrence and Norris J. McCormick appeal from their convictions of two counts of violating the Georgia Controlled Substances Act. Appellants have pursued separate appeals, but […]

684 S.E.2d 129 SHOOK v. THE STATE. No. A09A1320.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 2009. ADAMS, Judge. Danny Shook appeals from the trial court’s denial of his motion to modify/reduce sentence on his conviction for cocaine possession. We affirm. On April 12, 2006, a Union County magistrate issued an arrest warrant for Shook […]

710 S.E.2d 692 MOORE v. THE STATE. NO. A11A0138.Court of Appeals of Georgia. DECIDED MAY 6, 2011 PHIPPS, Presiding Judge. Willie Moore appeals from the trial court’s order denying his plea in bar and motion to dismiss based upon an alleged violation of his constitutional right to a speedy trial. We vacate the order and […]

181 S.E.2d 518 COWART v. THE STATE. 45994.Court of Appeals of Georgia.SUBMITTED MARCH 1, 1971. DECIDED MARCH 19, 1971. PANNELL, Judge. Where the defendant was charged with uttering and delivering a check then and there knowing that he would not have sufficient funds or credit with the bank for its payment, and, upon the trial […]

48 S.E.2d 144 DADE COUNTY et al. v. STATE OF GEORGIA et al. 31986.Court of Appeals of Georgia. DECIDED MAY 22, 1948. 1. Where citizens as intervenors file an intervention objecting to the validation of revenue-anticipation certificates the burden is on the plaintiff in the proceeding to make out a prima facie case, but where […]

335 S.E.2d 456 MOSS et al. v. CENTRAL STATE HOSPITAL et al. 70638.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1985. REHEARING DENIED SEPTEMBER 20, 1985. CARLEY, Judge. The instant case arose out of an investigation into the possible sexual abuse of a patient at Central State Hospital. The investigation followed an accusation by a […]

286 S.E.2d 758 THE STATE v. BIGLER. 62618.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1981. REHEARING DENIED OCTOBER 29, 1981. DEEN, Presiding Judge. The state contends that the trial court erred in failing to revoke the defendant’s probation. This appeal, however, must be dismissed because Code Ann. § 6-1001a, which enumerates specific situations wherein […]

580 S.E.2d 640 AUGUSTIN v. THE STATE. A03A0084.Court of Appeals of Georgia. March 27, 2003 JOHNSON, Presiding Judge. Etienne Augustin was charged with failing to report an accident, failing to stop at or return to the scene of an accident, driving without insurance, failing to maintain lane, and failing to use a turn signal.[1] A […]

77 S.E.2d 94 MUSTIN v. BARNES. 34395.Court of Appeals of Georgia. DECIDED JULY 15, 1953. 1. Under the evidence adduced in this case, the jury were authorized to find that the defendant’s agent had implied authority to employ the plaintiff to perform the work for which he brought suit to recover the price, and also […]

607 S.E.2d 167 KNOX v. THE STATE. A04A2312.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 2004. MILLER, Judge. Marcus Knox appeals from convictions arising from a stalking episode, arguing that the trial court erred when it admitted evidence of previous similar offenses. We find no error and therefore affirm. Viewed in the light most favorable […]