Category: Georgia Court of Appeals Opinions

258 S.E.2d 674 SCHAFFER v. CITY OF ATLANTA. 57327.Court of Appeals of Georgia.SUBMITTED MARCH 7, 1979. DECIDED JULY 10, 1979. REHEARING DENIED JULY 26, 1979. DEEN, Chief Judge. The appellant Barbara Schaffer, d/b/a Love Machine, whose business was closed as a public nuisance by the Municipal Court of Atlanta, timely applied for certiorari to the […]

102 S.E.2d 96 BRANNEN v. LANIER. 37000.Court of Appeals of Georgia. DECIDED JANUARY 28, 1958. FELTON, Chief Judge. 1. Where a plaintiff sues on a special or express contract he cannot recover on a quantum meruit. Baldwin v. Lessner, 8 Ga. 71; Alford v. Davis, 21 Ga. App. 820 (4 c) (95 S.E. 313); Shropshire […]

569 S.E.2d 572 LADOW v. THE STATE. A02A0635.Court of Appeals of Georgia. DECIDED: JULY 11, 2002 PHIPPS, Judge. Terri Ladow appeals her conviction for driving under the influence (DUI) to the extent it was less safe for her to drive,[1] contending that the trial court erred in admitting the results of her state-administered blood test […]

282 S.E.2d 759 ROSS v. ROSS. 61628.Court of Appeals of Georgia. DECIDED JULY 2, 1981. POPE, Judge. Appellant filed this garnishment action against appellee seeking to recover alimony payments due her under a final judgment entered in Civil Action No. 44810 in the Superior Court of Muscogee County. Appellee filed a traverse thereto in which […]

19 S.E.2d 171 METROPOLITAN LIFE INSURANCE COMPANY v. ANGLIN. 29196.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1942. Where it appears from the undisputed evidence that the death of an insured resulted directly and proximately from his own flagrant and criminal misconduct, his death is not accidental within the meaning of the double-indemnity provision of […]

637 S.E.2d 56 JENKINS et al. v. JENKINS et al. No. A06A1567.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 2006. RECONSIDERATION DENIED OCTOBER 5, 2006. ANDREWS, Presiding Judge. Sisters Miriam and Sarah Jenkins appeal from the trial court’s denial of their motion for judgment notwithstanding the verdict (“j.n.o.v.”) following a jury trial. The issue tried […]

77 S.E.2d 554 SHETZEN v. C. G. AYCOCK REALTY COMPANY. 34769.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1953. CARLISLE, J. On two occasions the defendant filed exceptions pendente lite to the trial court’s overruling of his general and special demurrers to the original petition and his general demurrers to the petition as finally amended. […]

341 S.E.2d 461 HILEY v. McGOOGAN et al. 70959.Court of Appeals of Georgia. DECIDED JANUARY 28, 1986. REHEARINGS DENIED FEBRUARY 14, 1986. POPE, Judge. Plaintiff Ethel Hiley, administratrix of the estate of Bennie Hiley, pursuant to OCGA § 9-2-61 brought this renewal of a medical malpractice action against defendants M. T. McGoogan and the Hospital […]

331 S.E.2d 78 CHANEY v. GEORGIA MUTUAL INSURANCE COMPANY. 70152.Court of Appeals of Georgia. DECIDED MAY 8, 1985. BIRDSONG, Presiding Judge. Summary Judgment — Sufficiency of Notice of Increased Personal Injury Protection. This is another in the line of cases originating with Jones v. State Farm Mut. Auto. Ins. Co., 156 Ga. App. 230 (274 […]

258 S.E.2d 771 K. L. CONSTRUCTION COMPANY v. CENTRAL BANK TRUST COMPANY OF BIRMINGHAM et al. CEDAR VALLEY GOLF COURSE, INC. v. CENTRAL BANK TRUST COMPANY OF BIRMINGHAM et al. 57936, 57937.Court of Appeals of Georgia.ARGUED JUNE 13, 1979. DECIDED SEPTEMBER 4, 1979. McMURRAY, Presiding Judge. This is a garnishment proceeding. Central Bank Trust Company […]

568 S.E.2d 520 WILLETT v. RUSSELL M. STOOKEY, P. C., et. al. A02A1214, A02A0817.Court of Appeals of Georgia. DECIDED: JUNE 21, 2002. POPE, Presiding Judge. Harold Willett sued Russell M. Stookey, P. C. and Russell M. Stookey for legal malpractice, fraud, breach of fiduciary duty, and intentional misconduct in connection with Stookey’s representation of Willett […]

459 S.E.2d 184 WALTON v. THE STATE. A95A0809.Court of Appeals of Georgia. DECIDED JULY 10, 1995. RUFFIN, Judge. James Walton was convicted of possession of cocaine with intent to distribute and possession of marijuana. He appeals from the judgment entered on his conviction and sentence, enumerating as error the general grounds and ineffective assistance of […]

470 S.E.2d 488 FLOURNOY v. THE STATE A96A0265Court of Appeals of Georgia. DECIDED APRIL 2, 1996 BIRDSONG, Presiding Judge. John Flournoy, Jr., appeals his conviction for possession of cocaine with intent to distribute. Police on patrol in Moultrie, Georgia, saw Flournoy and a woman standing behind a house engaged in what appeared to be a […]

223 S.E.2d 261 HARRISON v. GOODYEAR SERVICE STORES. 51022.Court of Appeals of Georgia.ARGUED SEPTEMBER 9, 1975. DECIDED JANUARY 7, 1976. STOLZ, Judge. This is an appeal from an order granting foreclosure on a security agreement executed by Marie Harrison, the appellant, in favor of Goodyear Service Stores, the appellee, on February 4, 1974. Appellant purchased […]

645 S.E.2d 349 IN RE JEFFERSON. No. A06A2253.Court of Appeals of Georgia. DECIDED MARCH 30, 2007. RECONSIDERATION DENIED APRIL 11, 2007. ANDREWS, Presiding Judge. Sherri Jefferson appeals from a juvenile court’s finding that she was in contempt of court in the course of an appearance at a delinquency hearing. We find no error and affirm. […]

384 S.E.2d 267 CREWS et al. v. DOE. A89A0781.Court of Appeals of Georgia. DECIDED JULY 10, 1989. BENHAM, Judge. Appellants brought suit against a named defendant and against John Doe to recover damages incurred in an automobile collision. Appellees are appellants’ uninsured motorist carriers who were served and who answered in the name of John […]

199 S.E.2d 89 CAMPBELL v. GEORGE et al. 48111.Court of Appeals of Georgia.ARGUED MAY 2, 1973. DECIDED MAY 10, 1973. EBERHARDT, Presiding Judge. There is no certificate for immediate review of this appeal from the trial court’s denial of plaintiff’s motion to add parties defendant, and accordingly the appeal must be dismissed. White v. Wright, […]

20 S.E.2d 433 WILSON v. THE STATE. 29411.Court of Appeals of Georgia. DECIDED MAY 21, 1942. Idem sonans is no longer an infallible test in settling the question whether there is a variance between the allegata and probata. “Identitate personae, and not identitate nominis, is and should always have been the true and only issue.” […]

501 S.E.2d 562 SPARKS v. THE STATE. A98A0393.Court of Appeals of Georgia. DECIDED APRIL 13, 1998. McMURRAY, Presiding Judge. Defendant James Lewis Sparks, along with three others, was charged in an indictment with aggravated sodomy, by “placing his penis in the anus of [the female victim], . . . with force and against [her] will. […]

661 S.E.2d 683 PIPE SOLUTIONS, INC. v. INGLIS. No. A08A0276.Court of Appeals of Georgia. DECIDED MAY 1, 2008. MIKELL, Judge. Pipe Solutions, Inc., sued Donna Inglis in Chatham County State Court for breach of contract in connection with services performed to improve Inglis’s real property, specifically, the construction of a wrought iron fence. In its […]

449 S.E.2d 654 HAMPTON v. THE STATE. A94A2268.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1994. BLACKBURN, Judge. Jeffrey Hampton was convicted by a jury under two separate indictments for two counts of sale of cocaine and two counts of possession of cocaine. On appeal, Hampton contends his trial counsel was ineffective. “The bench mark […]

379 S.E.2d 807 CHRISTIAN v. THE STATE. 77844.Court of Appeals of Georgia. DECIDED MARCH 9, 1989. BEASLEY, Judge. Defendant, convicted of aggravated assault (OCGA § 16-5-21 (a) (2) and (c)), Count 2, and possession of a firearm during commission of a felony (OCGA § 16-11-106 (b) (1)), Count 3, appeals. Viewing the evidence with every […]

101 S.E.2d 588 ROBERTS v. CENTRAL OF GEORGIA RAILWAY COMPANY. 36778.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1957. NICHOLS, J. 1. This court on July 9, 1957, reversed the judgment of the trial court sustaining the demurrers to the plaintiff’s petition. Roberts v. Central of Ga. Ry. Co., 96 Ga. App. 266 (99 S.E.2d […]

215 S.E.2d 725 FLETCHER EMERSON MANAGEMENT COMPANY v. DAVIS. 50515.Court of Appeals of Georgia.ARGUED APRIL 8, 1975. DECIDED MAY 1, 1975. QUILLIAN, Judge. Defendant appeals from an order of the trial court granting a motion for summary judgment in favor of plaintiff. Plaintiff solicited the Fletcher Emerson Management Company of Atlanta and Houston, Texas, for […]

258 S.E.2d 274 DUNN v. DUNN. 57590.Court of Appeals of Georgia.ARGUED APRIL 3, 1979. DECIDED JULY 6, 1979. SHULMAN, Judge. Minor plaintiff was awarded damages for injuries he sustained from a fall from the back of a pickup truck driven by defendant. On appeal, we affirm. 1. Appellant asserts as error the trial court’s denial […]

411 S.E.2d 894 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION v. BELUE. A91A1347.Court of Appeals of Georgia. DECIDED OCTOBER 29, 1991. Judge Arnold Shulman. After foreclosing on two adjacent, virtually identical townhomes owned by the appellee in the same development, the appellant applied to superior court pursuant to OCGA § 44-14-161 (a) for confirmation of the foreclosure sales. […]

25 S.E.2d 136 HARDWARE MUTUAL CASUALTY COMPANY v. COLLIER et al. 29799.Court of Appeals of Georgia. DECIDED MARCH 10, 1943. REHEARING DENIED MARCH 30, 1943. 1. Under the facts of this case, a policy of insurance issued under the provisions of the workmen’s compensation act on January 5, 1941, covering a wholesale gas and oil […]

242 S.E.2d 319 QUILFO v. CREEL et al. 54950.Court of Appeals of Georgia.ARGUED JANUARY 16, 1978. DECIDED JANUARY 31, 1978. SHULMAN, Judge. Plaintiff-appellee, Creel, brought suit against defendant-appellant, Mrs. Quilfo, to recover money allegedly owing for the installation of carpeting in appellant’s home pursuant to a purported oral contract. Mrs. Quilfo denied the existence of […]

420 S.E.2d 582 BURRIS v. THE STATE. A92A0390.Court of Appeals of Georgia. DECIDED APRIL 24, 1992. RECONSIDERATION DENIED JULY 7, 1992. POPE, Judge. Defendant David Lee Burris, Jr., was convicted by a jury of one count of aggravated child molestation and two counts of child molestation. He was acquitted of a third count of child […]

330 S.E.2d 402 COOPER v. THE STATE. 69823.Court of Appeals of Georgia. DECIDED APRIL 2, 1985. DEEN, Presiding Judge. The appellant, Larry Cooper, was tried and convicted for violation of the Georgia Controlled Substances Act, reckless driving, driving without a license, and attempting to elude a police officer. On appeal, Cooper enumerates alleged error at […]

160 S.E.2d 620 HOWARD v. BILES et al. 43469.Court of Appeals of Georgia.ARGUED FEBRUARY 5, 1968. DECIDED FEBRUARY 28, 1968. REHEARING DENIED MARCH 12, 1968. FELTON, Chief Judge. 1. The trial court’s order on the plaintiffs’ motion for a new trial stated, in part, as follows: “It appears to the court that the court in […]

388 S.E.2d 379 HARPER v. THE STATE. A89A1331.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1989. REHEARING DENIED NOVEMBER 16, 1989. BIRDSONG, Judge. Cary Harper appeals from his convictions of aggravated battery, use of a firearm in the commission of a felony, and discharge of a firearm near a public roadway. Appellant’s convictions resulted from […]

386 S.E.2d 515 BETHA v. THE STATE. A89A1483.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1989. REHEARING DENIED SEPTEMBER 11, 1989. SOGNIER, Judge. Larry Betha was convicted by a jury of trafficking in cocaine, and he appeals. 1. Appellant first enumerates the general grounds. Construing the evidence to support the verdict, on November 15, 1988, […]

548 S.E.2d 417 COCHRAN et al. v. THE STATE. A01A0012.Court of Appeals of Georgia. DECIDED: MARCH 21, 2001. JOHNSON, Presiding Judge. A jury found David Cochran guilty of aggravated sexual battery and two counts of child molestation for acts committed against his daughter.[1] His brother, Danny Cochran, was tried with him and found guilty of […]

232 S.E.2d 170 MARTIN v. PIERCE et al. 52956.Court of Appeals of Georgia.ARGUED OCTOBER 13, 1976. DECIDED JANUARY 7, 1977. MARSHALL, Judge. Appellant Martin appeals the grant by the trial court of appellees’ motion to dismiss Count 1 for failure to state a cause of action against appellees and the grant of the motion insofar […]

658 S.E.2d 897 LOUIS v. THE STATE. No. A07A1827.Court of Appeals of Georgia. DECIDED MARCH 7, 2008. PHIPPS, Judge. Following the affirmance of his convictions of three counts of aggravated assault and one count of first degree criminal damage to property, [1] Nimrod Louis collaterally attacked the convictions on grounds that some counts should have […]

252 S.E.2d 677 USHER v. THE STATE. 57042.Court of Appeals of Georgia.SUBMITTED JANUARY 3, 1979. DECIDED JANUARY 18, 1979. BANKE, Judge. The appellant was convicted of selling heroin in violation of the Controlled Substances Act. He appeals the Page 720 denial of his motion for new trial. Held: 1. The appellant contends that the trial […]

309 S.E.2d 657 WILLIS v. THE STATE. 67026.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1983. BANKE, Judge. The defendant was stopped for speeding and then arrested for violating the Controlled Substances Act, based on the discovery of marijuana inside his vehicle. We granted an interlocutory appeal from the denial of his motion to suppress […]

122 S.E.2d 265 TAYLOR v. KING et al. 39047.Court of Appeals of Georgia. DECIDED OCTOBER 6, 1961. 1. Where there is only one cause of action, a notice given a municipality setting out the time and place of the occurrence, the extent and nature of the injury, to whom occasioned, and the negligence which allegedly […]

289 S.E.2d 291 LAVENDER v. SPETALNICK et al. 62759.Court of Appeals of Georgia. DECIDED JANUARY 26, 1982. SOGNIER, Judge. Lavender suffered an on-the-job injury on April 16, 1972; on August 7, 1973 she received a final award from the full board of the Georgia Board of Workmen’s Compensation against her former employer, Ronotto, Inc. Ronotto, […]

705 S.E.2d 298 CRUICKSHANK v. FREMONT INVESTMENT LOAN et al. No. A10A2178.Court of Appeals of Georgia. DECIDED DECEMBER 17, 2010. JOHNSON, Judge. Kenneth Cruickshank sued Fremont Investment Loan, McCurdy Candler, LLC, and Mortgage Electronic Registration Systems, Inc. (“MERS”) asserting, among numerous other claims, wrongful foreclosure.[1] The trial court granted Fremont’s, McCurdy’s, and MERS’s motions for […]

307 S.E.2d 683 BLOUNT v. SECKINGER REALTY COMPANY. 66615.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1983. QUILLIAN, Presiding Judge. Defendant-appellant Blount entered into a written agreement, entitled Exclusive Listing Contract, with plaintiff-appellee Seckinger Realty Company, authorizing appellee to sell real property owned by appellant. The agreement was for a period of 90 days and […]

535 S.E.2d 508 SWYTERS v. MOTOROLA EMPLOYEES CREDIT UNION et al. A00A0430.Court of Appeals of Georgia. DECIDED: JUNE 7, 2000 SMITH, Presiding Judge. Frederick E. Swyters appeals from an order granting summary judgment against him and in favor of Motorola Employees Credit Union and CUNA Mutual Insurance Group in an action filed by the credit […]

592 S.E.2d 115 ATLANTIC COAST MECHANICAL v. R.W. ALLEN BEERS CONSTRUCTION et al. A03A0893Court of Appeals of Georgia. DECIDED: NOVEMBER 24, 2003 ON MOTION FOR RECONSIDERATION DECEMBER 15, 2003 PHIPPS, Judge. Atlantic Coast Mechanical (ACM) worked as a subcontractor for R.W. Allen Beers Construction (Beers) on a construction project, the Children’s Medical Center in Augusta. […]

235 S.E.2d 554 PASCOE STEEL CORPORATION v. TURNER COUNTY BOARD OF EDUCATION. 53428.Court of Appeals of Georgia.ARGUED FEBRUARY 15, 1977. DECIDED APRIL 5, 1977. REHEARING DENIED APRIL 22, 1977. MARSHALL, Judge. Appellant, Pascoe Steel Corporation, plaintiff below, brings this appeal from the grant of a directed verdict in favor of the Turner County Board of […]

601 S.E.2d 397 SEMBLER ATLANTA DEVELOPMENT I, LLC et al. v. URS/DAMES MOORE, INC. A04A0651.Court of Appeals of Georgia. DECIDED JUNE 17, 2004. ADAMS, Judge. Affairs to Remember Caterers, Inc. filed suit against appellants Sembler Atlanta Development I, LLC, Sembler Atlanta Development II, LLC, Sembler Atlanta Development III, LLC and Wilshire Hoover Development, Inc. (collectively […]

285 S.E.2d 246 HEARD et al. v. CARTER et al. (two cases). 62207, 62524.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1981. BIRDSONG, Judge. Three partners of the Ponce De Leon Company were expelled by the remaining four partners. Following mutual petitions for declaratory judgment filed by the plaintiffs (four “remaining” partners) and defendants (three […]

617 S.E.2d 581 SRM REALTY SERVICES GROUP, LLC v. CAPITAL FLOORING ENTERPRISES, INC. (two cases). A05A0099, A05A0100.Court of Appeals of Georgia. DECIDED JULY 7, 2005. RECONSIDERATION DENIED JULY 27, 2005. PHIPPS, Judge. In Case No. A05A0099, SRM Realty Services Group, LLC appeals from a default judgment entered against it and in favor of Capital Flooring […]

20 S.E.2d 94 HARDY v. BANK OF ILA. 29490.Court of Appeals of Georgia. DECIDED APRIL 23, 1942. GARDNER, J. The only evidence of service of the bill of exceptions as shown by the record is that the attorney for the plaintiff in error mailed a copy of the bill of exceptions to the attorney for […]

377 S.E.2d 543 BURGESS v. THE STATE. 77186.Court of Appeals of Georgia. DECIDED JANUARY 5, 1989. BEASLEY, Judge. Following the denial of his motion for new trial, Burgess appeals his conviction and sentence for child molestation, OCGA §16-6-4 (a). Burgess was indicted for statutory rape, OCGA §16-6-3. He does not appeal his conviction and sentence […]

208 S.E.2d 173 BRADSHAW v. THE STATE. 49277.Court of Appeals of Georgia.SUBMITTED MAY 9, 1974. DECIDED JULY 11, 1974. PANNELL, Presiding Judge. Defendant was indicted and tried on six counts of burglary and theft by taking. Contrary to his plea, he was convicted of one count of burglary and sentenced by the jury to eleven […]

472 S.E.2d 106 LINDSTROM v. FORSYTH COUNTY, GEORGIA ET AL. A96A0354.Court of Appeals of Georgia. DECIDED MAY 17, 1996 — RECONSIDERATION DENIED MAY 30, 1996. McMURRAY, Presiding Judge. Plaintiff Lindstrom filed this action for damages predicated on theories of inverse condemnation and continuing nuisance against defendants Forsyth County, Georgia and the City of Cumming, Georgia. […]

233 S.E.2d 856 CARTER v. THE STATE. 53412.Court of Appeals of Georgia.SUBMITTED FEBRUARY 3, 1977. DECIDED FEBRUARY 28, 1977. QUILLIAN, Presiding Judge. The defendant appeals his conviction and sentence for burglary. Held: There is but one question presented: Did the trial judge err in failing to grant the defendant’s motion for mistrial? The issue arises […]

487 S.E.2d 460 GIBSON v. GAINESVILLE BANK TRUST. A97A0386.Court of Appeals of Georgia. DECIDED JUNE 4, 1997. McMURRAY, Presiding Judge. James L. Gibson filed this appeal after the trial court granted summary judgment in favor of Gainesville Bank Trust (“the Bank”) based upon undisputed proof that Gibson executed a $237,000 “renewal” note in favor of […]

145 S.E.2d 618 GRASHAM v. SOUTHERN RAILWAY COMPANY. 41550.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 14, 1965. DECIDED OCTOBER 19, 1965. FRANKUM, Judge. The exception here is to the judgment of the trial court overruling the plaintiff’s motion for a new trial based on the general grounds only and overruling her motion for a judgment notwithstanding […]

555 S.E.2d 798 JOLLY v. ZARELLA. A01A1572.Court of Appeals of Georgia. DECIDED: OCTOBER 23, 2001. RUFFIN, Judge. Ronald Jolly sued John Zarella alleging that Zarella’s negligence caused an automobile collision between the two.[1] Following trial, the jury returned a verdict in Zarella’s favor. Jolly appeals, asserting that the trial court erred in overruling his objection […]

349 S.E.2d 789 ADAMS v. THE STATE. 73244.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1986. DEEN, Presiding Judge. The appellant, William Leon Adams, was convicted of burglary, for which he was sentenced to six years’ imprisonment. On appeal, he contends that the evidence was insufficient to support the verdict; that the trial court erred […]

160 S.E.2d 662 WOODY v. RALSTON PURINA COMPANY. 43174.Court of Appeals of Georgia.ARGUED NOVEMBER 8, 1967. DECIDED FEBRUARY 21, 1968. REHEARING DENIED FEBRUARY 29, 1968. BELL, Presiding Judge. This appeal protests the grant of a summary judgment in plaintiff’s favor in a suit on a note. Where, as here, the note contains the usual statement […]

598 S.E.2d 926 HOPPER v. THE STATE. A04A0710.Court of Appeals of Georgia. DECIDED APRIL 30, 2004. RUFFIN, Presiding Judge. A jury found Michael Hopper guilty of two counts of child molestation and two counts of aggravated child molestation. On appeal, Hopper challenges the sufficiency of the evidence. Hopper also contends that the trial court should […]

138 S.E.2d 923 TRAVELERS INSURANCE COMPANY et al. v. CHILDERS. 40898.Court of Appeals of Georgia. DECIDED OCTOBER 13, 1964. FRANKUM, Judge. 1. “The workmen’s compensation act makes the finding of the board upon the facts final and conclusive, and in the absence of fraud such finding cannot be set aside by any court, if there […]

566 S.E.2d 405 IN THE INTEREST OF T. W., a child. A02A0026.Court of Appeals of Georgia. DECIDED: June 7, 2002. ANDREWS, Presiding Judge. The mother of T. W. appeals from the juvenile court’s order terminating her parental rights. After reviewing the record on appeal, we conclude there was clear and convincing evidence to support the […]

659 S.E.2d 900 ALLEN v. THE STATE. No. A07A2280.Court of Appeals of Georgia. DECIDED MARCH 26, 2008. BARNES, Chief Judge. Following the denial of his amended motion for new trial, Feronte Jamal Allen appeals his convictions for three counts of aggravated assault, possession of a handgun by a person under age eighteen, carrying a concealed […]

367 S.E.2d 278 WALLS, INC. v. ATLANTIC REALTY COMPANY et al. 75561.Court of Appeals of Georgia. DECIDED MARCH 16, 1988. CARLEY, Judge. Appellee-third-party plaintiff Atlantic Realty Company (Atlantic) hired Beers Construction Company (Beers) as the general contractor for the renovation of a building that it owned. The general contract between Atlantic and Beers provided that […]

268 S.E.2d 702 STATE OF GEORGIA v. BRITT CARIBE LTD. 59475.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1980. DECIDED APRIL 8, 1980. REHEARING DENIED APRIL 30, 1980. BIRDSONG, Judge. We granted an interlocutory appeal to the State of Georgia to determine whether it was error for the trial court to apply CPA § 55 (Code […]

310 S.E.2d 566 PASHLEY v. STATE OF GEORGIA. 66463.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1983. POPE, Judge. Appellant attorney appeals from the order of the trial court holding him in contempt. This adjudication was based upon appellant’s failure to appear for trial and subsequent failure to present satisfactory justification for his absence. Appellant’s […]

156 S.E.2d 117 LUMBERMENS MUTUAL CASUALTY COMPANY v. MOODY et al. HOME INDEMNITY COMPANY et al. v. MOODY et al. 42800, 42801.Court of Appeals of Georgia.ARGUED MAY 3, 1967. DECIDED JUNE 13, 1967. 1, 4. Where a petition for declaratory judgment shows that the rights of the parties have already accrued and no facts or […]

266 S.E.2d 315 LEE et al. v. NATIONAL BANK TRUST COMPANY OF COLUMBUS. 58786.Court of Appeals of Georgia.ARGUED NOVEMBER 19, 1979. DECIDED FEBRUARY 28, 1980. SMITH, Judge. Pursuant to a loan agreement, appellee acquired a security interest in appellant’s 1973 Volkswagen. On September 29, 1978, appellee filed a petition for writ of possession. Appellant filed […]

565 S.E.2d 839 SPRATLING v. THE STATE. A02A1442.Court of Appeals of Georgia. DECIDED: MAY 22, 2002 ELDRIDGE, Judge. A Clayton County jury found Kenneth Spratling guilty of criminal use of an article with an altered identification mark (three counts), carrying a concealed weapon (three counts), possession of a firearm during the commission of a crime […]

223 S.E.2d 459 SMITH v. REPUBLIC LAND INVESTMENT CORPORATION. 51116.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1975. DECIDED JANUARY 6, 1976. REHEARING DENIED JANUARY 16, 1976. STOLZ, Judge. In this interlocutory appeal granted prior to the effective date of Ga. L. 1975, p. 757 (amending Ga. L. 1965, p. 18; Code Ann. §§ 6-701), a […]

191 S.E.2d 787 UNITED STATES FIDELITY GUARANTY COMPANY et al. v. FORRESTER et al. 46906.Court of Appeals of Georgia.ARGUED JANUARY 31, 1972. DECIDED JUNE 22, 1972. REHEARING DENIED JULY 24, 1972. The sole question is whether or not the survivor of an employee loaned to a subcontractor and killed while in the course of and […]

74 S.E.2d 570 CITY OF MARIETTA HOSPITAL AUTHORITY v. REDWINE. 34399.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1953. Hospital authorities created under the provisions of Ga. L. 1941, p. 241, as amended (Code, Ann. Supp., § 99-1501 et seq.), are not exempt from taxation under the Retailers’ and Consumers’ Sales and Use Tax Act […]

357 S.E.2d 136 BRANCH v. THE STATE. 73959.Court of Appeals of Georgia. DECIDED APRIL 20, 1987. REHEARING DENIED MAY 6, 1987. SOGNIER, Judge. Branch appeals his conviction of driving under the influence of alcohol, speeding and having no proof of insurance. 1. Appellant contends the evidence was not sufficient to support the verdict of guilty […]

174 S.E.2d 234 COCHRAN v. CHENEY. 45118.Court of Appeals of Georgia.SUBMITTED MARCH 4, 1970. DECIDED MARCH 19, 1970. EVANS, Judge. This is a suit by a licensed real estate agent, as employee, against a licensed real estate broker, his employer, alleging in Count 1 that he was to receive 20% of the 10% real estate […]

612 S.E.2d 909 IN THE INTEREST OF H.E. et al., children. A05A0712.Court of Appeals of Georgia. DECIDED MARCH 30, 2005. ELLINGTON, Judge. In July 2004, the Juvenile Court of Morgan County determined that one-year-old H.E. and his half-sister, ten-year-old M.F., were deprived. Pursuant to this finding, the court placed the children in the temporary custody […]

325 S.E.2d 460 WESTINGHOUSE ELECTRIC CORPORATION v. WILLIAMS et al. 68602.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1984. REHEARINGS DENIED DECEMBER 17 AND DECEMBER 19, 1984. BENHAM, Judge. Westinghouse Electric Corporation installed and operates the Automated Guideway Transit System (“AGTS”), also known as the “People Mover,” at Atlanta’s Hartsfield International Airport. Appellee Yvon Williams, […]

493 S.E.2d 648 LAROCQUE v. THE STATE. A96A1123.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1997. BLACKBURN, Judge. In Larocque v. State, 224 Ga. App. 92 (479 S.E.2d 450) (1996), we reversed Larocque’s conviction on an evidentiary error and remanded the case for a new trial. The Supreme Court granted certiorari and reversed our decision […]

127 S.E.2d 52 SAFFOLD v. CHEATHAM et al., Executors. 39544.Court of Appeals of Georgia. DECIDED JUNE 22, 1962. REHEARING DENIED JULY 25, 1962. CARLISLE, Presiding Judge. The sole question presented by the appeal in this case is whether the plaintiff, being one of three co-executors of his father’s estate, may maintain a suit against the […]

78 S.E.2d 839 LANDER MOTORS, INC. v. LEE TIRE RUBBER COMPANY OF NEW YORK; and vice versa. 34783, 34784.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1953. 1. Where the plaintiff in error in its brief in this court expressly states that it does not insist upon the general grounds of its motion for a […]

187 S.E.2d 551 BLANCHARD v. WESTVIEW CEMETERY, INC. 45936.Court of Appeals of Georgia. DECIDED JANUARY 20, 1972. JORDAN, Presiding Judge. The Supreme Court on certiorari having reversed the judgment of this court, and this court having vacated its previous judgment, the opinion of the Supreme Court is adopted as the opinion of this court. Blanchard […]

348 S.E.2d 573 MORRIS v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY. 72417.Court of Appeals of Georgia. DECIDED SEPTEMBER 2, 1986. CARLEY, Judge. Appellant sued appellee for damages incurred when he tripped over an unburied ground telephone wire on his property. Judgment was entered on a jury verdict in appellee’s favor. Appellant appeals. 1. Appellant made a […]

601 S.E.2d 719 BLUE STONE LOFTS, LLC v. D’AMELIO. A04A0661.Court of Appeals of Georgia. DECIDED JUNE 15, 2004. RECONSIDERATION DENIED JULY 7, 2004. SMITH, Chief Judge. This appeal is from the trial court’s order granting final judgment to plaintiff Joseph D’Amelio in a contract dispute involving defendant Blue Stone Lofts, LLC. Blue Stone contends that […]

450 S.E.2d 247 HOLLIS v. THE STATE. A94A1188.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1994. SMITH, Judge. Robert Lee Hollis was tried and found guilty by a jury of two counts of child molestation, one count of aggravated child molestation, three counts of solicitation of sodomy, three counts of contributing to the unruliness of […]

232 S.E.2d 619 AMEAGLE CONTRACTORS, INC. v. COUCH CONSTRUCTION COMPANY, INC. 53101.Court of Appeals of Georgia.ARGUED JANUARY 17, 1977. DECIDED JANUARY 26, 1977. BELL, Chief Judge. This appeal was taken from a judgment entered on April 13, 1976. The record reflects that on April 13, 1976 the following was entered by the trial court: “Judgment […]

283 S.E.2d 12 INTERNATIONAL COMPUTER GROUP, INC. v. DATA GENERAL CORPORATION. COMPUTER SYSTEMS INTERNATIONAL, INC. v. DATA GENERAL CORPORATION. 61353, 61354.Court of Appeals of Georgia. DECIDED JUNE 18, 1981. REHEARING DENIED JULY 7, 1981. CARLEY, Judge. Because similar issues are raised, these two cases are consolidated on appeal. Appellee-Data General Corporation (DGC) is a manufacturer […]

244 S.E.2d 256 WRIGHT v. THE STATE. 55388.Court of Appeals of Georgia.SUBMITTED MARCH 1, 1978. DECIDED APRIL 6, 1978. SMITH, Judge. The evidence in this case was more than sufficient to support a verdict of guilty of armed robbery; therefore, the appeal, alleging only general grounds, is meritless. Judgment affirmed. Deen, P. J., and Banke, […]

40 S.E.2d 755 STATE MUTUAL INSURANCE COMPANY v. HARMON et al. 31322.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1946. REHEARING DENIED DECEMBER 17, 1946. In an action upon a policy of life insurance, where the plaintiff’s right to recover depended solely upon the waiver by the defendant of a certain provision of the insurance […]

299 S.E.2d 904 PEALOR v. THE STATE. 65335.Court of Appeals of Georgia. DECIDED JANUARY 26, 1983. REHEARING DENIED FEBRUARY 9, 1983. BANKE, Judge. In this appeal from his conviction for burglary, the defendant’s primary contention is that the trial court erred in failing to exclude from evidence certain pre-trial statements not provided to him prior […]

434 S.E.2d 98 JACKSON et al. v. WILLIAMS; and vice versa. A93A0681, A93A0682.Court of Appeals of Georgia. DECIDED JULY 2, 1993. RECONSIDERATION DENIED JULY 19, 1993. ANDREWS, Judge. On April 23, 1991, Paul Jackson and W. C. Crider filed a complaint against Williams for breach of contract, alleging that in June 1988 Williams contracted with […]

673 S.E.2d 91 DAVIDSON v. THE STATE. No. A08A1807.Court of Appeals of Georgia. DECIDED JANUAEY 27, 2009. PHIPPS, Judge. After a bench trial, Nicholas Davidson was convicted of the aggravated stalking of his former girlfriend, S. W., with whom he had a child. On appeal, he contends that the evidence was insufficient. Because the evidence […]

491 S.E.2d 113 BLUN ET AL. v. REDD’S COMMERCIAL REFRIGERATION AIR CONDITIONING, INC. A97A1469.Court of Appeals of Georgia. DECIDED AUGUST 7, 1997. Judge HAROLD R. BANKE. Pamela F. Blun and William A. Blun, Jr. sued Redd’s Commercial Refrigeration Air Conditioning, Inc. d/b/a Redd’s Appliance Center (“Redd’s”) after an employee of Redd’s rear-ended Pamela Blun’s vehicle. […]

476 S.E.2d 71 PENNYMAN v. STATE. A96A1372.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1996 — CERT. APPLIED FOR. ANDREWS, Judge. Ronald Pennyman appeals from the trial court’s denial of his plea of former jeopardy. Pennyman argues that his termination from the Thomaston Police Department for threatening and attempting to choke Robin Williams bars his […]

663 S.E.2d 292 WOLF v. THE STATE. No. A08A0620.Court of Appeals of Georgia. DECIDED JUNE 12, 2008. MIKELL, Judge. We granted William Ernest Wolfs application for interlocutory appeal in order to determine whether the trial court erred in denying his motion to suppress contraband found by a police officer inside the wallet Wolf lost at […]

657 S.E.2d 560 GEORGIA DEPARTMENT OF JUVENILE JUSTICE v. CUMMINGS. No. A06A1997.Court of Appeals of Georgia. DECIDED JANUARY 30, 2008. PHIPPS, Judge. In Ga. Dept. of Juvenile Justice v. Cummings, [1] we reversed the superior court’s denial of a motion to dismiss a complaint filed by Page 391 Carlise Cummings against the Georgia Department of […]

443 S.E.2d 705 PEAVY v. THE STATE. A94A0552.Court of Appeals of Georgia. DECIDED APRIL 29, 1994. JOHNSON, Judge. Anthony Peavy did not directly appeal his 1990 burglary conviction, but was granted an out-of-time appeal in a habeas corpus proceeding. After the out-of-time appeal was granted, Peavy did not file a motion for a new trial, […]

355 S.E.2d 711 LONG et al. v. MARION. 73547.Court of Appeals of Georgia. DECIDED MARCH 12, 1987. REHEARING DENIED MARCH 30, 1987. BEASLEY, Judge. Appellants Long and Import Performance Centre, Ltd., brought an action against appellee Marion seeking to recover a sum owed under an agreement to repair appellee’s 1953 Bentley automobile (Count 1). The […]

380 S.E.2d 736 LEDBETTER et al. v. DELIGHT WHOLESALE COMPANY. 77544.Court of Appeals of Georgia. DECIDED MARCH 10, 1989. REHEARING DENIED MARCH 28, 1989. BENHAM, Judge. As appellant Shala Ledbetter left an ice cream truck owned by appellee Delight Wholesale Company (Delight) and operated by defendant Kawan, she was struck and injured by a car […]

560 S.E.2d 525 STURM, RUGER COMPANY, INC. et al. v. CITY OF ATLANTA. A01A2521.Court of Appeals of Georgia. February 13, 2002. ANDREWS, Presiding Judge. This case is before us on appeal from the trial court’s denial of appellants’ motion to dismiss in full the City of Atlanta’s (City’s) suit against 17 defendants that manufacture, distribute, […]