Category: Georgia Court of Appeals Opinions

419 S.E.2d 542 JONES v. THE STATE. A92A0157.Court of Appeals of Georgia. DECIDED MAY 19, 1992. CARLEY, Presiding Judge. Appellant was indicted for the commission of an aggravated assault “by cutting and stabbing [the victim] with a knife….” He was tried before a jury and found guilty. He appeals from the judgment of conviction and […]

71 S.E.2d 107 GUY F. ATKINSON COMPANY et al. v. FIMIAN. GUY F. ATKINSON COMPANY et al. v. MUSGRAVE. 33507, 33508.Court of Appeals of Georgia. DECIDED MAY 23, 1952. WORRILL, J. The Supreme Court having, on April 16, 1952 (209 Ga. 113, 70 S.E.2d 762), reversed the judgment of this court as to its ruling […]

682 S.E.2d 594 MAYHEW v. THE STATE. No. A09A0444.Court of Appeals of Georgia. DECIDED JUNE 30, 2009. RECONSIDERATION DENIED JULY 23, 2009 PHIPPS, Judge. After a jury trial, Ron Forrest Mayhew was convicted of disorderly conduct toward Virginia Cochran and of obstruction of the law enforcement officer attempting to quell and investigate the incident. On […]

168 S.E.2d 855 H. W. IVEY CONSTRUCTION COMPANY, INC. v. TRANSAMERICA INSURANCE COMPANY. 44500.Court of Appeals of Georgia.SUBMITTED MAY 29, 1969. DECIDED JUNE 13, 1969. EBERHARDT, Judge. H. W. Ivey Construction Company, Inc. brought suit against Transamerica Insurance Company on a “Builders Risk Multiple Peril Policy” of insurance claiming coverage for a fork-lift truck which […]

390 S.E.2d 919 DUNLAP v. FIRST ROCK CREDIT CORPORATION. A89A1677.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1990. BEASLEY, Judge. Defendant Dunlap appeals the grant of summary judgment to First Rock Credit, which sued on two promissory notes signed by Dunlap, one for $45,352 and one for $61,060, both dated December 31, 1985. First Rock […]

268 S.E.2d 762 KERR v. THE STATE. 59241.Court of Appeals of Georgia.SUBMITTED JANUARY 16, 1980. DECIDED APRIL 29, 1980. SMITH, Judge. Appellant was tried and convicted of aggravated sodomy. The trial court denied his motion for a new trial, and appellant filed this appeal enumerating as error the general grounds, the court’s charge on intent, […]

282 S.E.2d 676 McRAE v. SMITH. 61576.Court of Appeals of Georgia. DECIDED JUNE 19, 1981. SOGNIER, Judge. Smith sued McRae to recover $400 on a loan made to appellant in December 1974. The loan was made on the basis of an oral promise to pay. There was no specific agreement as to the time for […]

583 S.E.2d 458 LEXMARK CARPET MILLS, INC. v. COLOR CONCEPTS, INC. et al. A03A0130.Court of Appeals of Georgia. May 1, 2003 Reconsideration Denied June 12, 2003. ADAMS, Judge. Color Concepts, Inc. d/b/a Designer Carpets (Designer) prevailed on a breach of warranty claim relating to certain carpet manufactured Page 623 by Lexmark Carpet Mills, Inc. (Lexmark) […]

120 S.E.2d 128 MALLIN v. SPICKARD. 38742.Court of Appeals of Georgia. DECIDED APRIL 25, 1961. “Money loaned with no agreement as to time of repayment is in law due immediately, and the statute of limitations begins to run at once against the lender.” Teasley v. Bradley, 110 Ga. 497 (3) (35 S.E. 782, 78 Am. […]

419 S.E.2d 82 FASHER PAINTING DECORATING COMPANY et al. v. BORDELON et al. A92A0450.Court of Appeals of Georgia. DECIDED MAY 6, 1992. BIRDSONG, Presiding Judge. This court granted appellants’ petition for discretionary appeal of the order of the superior court reversing the order of the full Board of Workers’ Compensation (board). The ALJ denied the […]

248 S.E.2d 565 SHEARS v. THE STATE (two cases). 56299, 56300.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 5, 1978. DECIDED SEPTEMBER 21, 1978. WEBB, Judge. The evidence authorized, if not demanded, the guilty verdict; and no error of law appearing the judgment is affirmed. Judgment affirmed. Quillian, P. J., and McMurray, J., concur. SUBMITTED SEPTEMBER 5, […]

305 S.E.2d 656 MALLORY v. THE STATE. 65991.Court of Appeals of Georgia. DECIDED JUNE 6, 1983. McMURRAY, Presiding Judge. Defendant and a co-defendant were indicted for the offenses of armed robbery and kidnapping. In separate counts both defendants were indicted as recidivists, and the co-defendant was indicted for the offense of possession of a firearm […]

653 S.E.2d 858 KENNESTONE HOSPITAL, INC. v. LAMB et al. No. A07A1408.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 2007. BARNES, Chief Judge. We granted the application of Kennestone Hospital, Inc. d/b/a Wellstar Kennestone Hospital, and Wellstar Health System, Inc. (Kennestone) for an interlocutory appeal contesting an order denying Kennestone’s motion to transfer venue from […]

68 S.E.2d 242 ALEXANDER et al. v. HOLMES. 33816.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1951. 1. (a) Notice to the defendant that the property of the plaintiff which was levied upon by distress warrant had been exempted under Code § 51-1102, providing for a homestead exemption to the head of a family, was […]

648 S.E.2d 428 NEW MORN FOODS, INC. v. B B EGG COMPANY. No. A07A0611.Court of Appeals of Georgia. DECIDED JUNE 20, 2007. MIKELL, Judge. On July 19, 2004, New Morn Foods, Inc. (“New Morn”) brought this action against B B Egg Company (“B B”) seeking to recover $80,223.02 in costs incurred in repairing the septic […]

607 S.E.2d 910 SHINHOLSTER v. THE STATE. A04A2390.Court of Appeals of Georgia. DECIDED DECEMBER 2, 2004. JOHNSON, Presiding Judge. On July 13, 1992, Greg Shinholster pled guilty to sale of cocaine and, due to his prior criminal record, was sentenced to life imprisonment. Nearly 12 years later, on April 7, 2004, Shinholster filed a motion […]

401 S.E.2d 628 PARCELL v. THE STATE. A90A2345.Court of Appeals of Georgia. DECIDED JANUARY 31, 1991. BANKE, Presiding Judge. On appeal from his convictions of aggravated battery and aggravated assault, the appellant contends the trial court erred in admitting evidence of similar misconduct for which he was not on trial. The appellant’s wife testified that […]

644 S.E.2d 898 BUTLER v. THE STATE. No. A07A0585.Court of Appeals of Georgia. DECIDED APRIL 5, 2007. ELLINGTON, Judge. A judge of the Superior Court of Cobb County found Melinda Butler guilty of mutiny in a penal institution, OCGA §16-10-54, and felony obstruction of an officer, OCGA §16-10-24 (b).[1] Butler appeals from the denial of […]

130 S.E.2d 754 HUEY v. SECHLER. 39848.Court of Appeals of Georgia. DECIDED MARCH 6, 1963. A cause of action was stated by each of three counts of a petition for libel and slander which alleged that the defendant made false statements concerning the plaintiff capable of being understood to mean (1) that the grand jury […]

181 S.E.2d 317 GEORGIA ELECTRIC COMPANY, INC. et al. v. MALONE et al. 45840.Court of Appeals of Georgia.ARGUED JANUARY 4, 1971. DECIDED FEBRUARY 4, 1971. REHEARING DENIED MARCH 9, 1971. In an action involving the sale of a one-half interest in a corporation from one co-owner to the other, where the plaintiff corporation sought damages […]

373 S.E.2d 276 PROFESSIONAL INSURANCE SERVICES, INC. v. SIZEMORE ELECTRIC COMPANY, INC. 77088.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1988. McMURRAY, Presiding Judge. Plaintiff Professional Insurance Services, Inc., brought this suit on open account against Sizemore Electric Company, Inc. It contended that defendant was indebted to it in the amount of $8,429.57 and that […]

510 S.E.2d 76 FARM AND HOME LIFE INSURANCE COMPANY v. SKELTON, FLEET FINANCE, INC. v. SKELTON. A98A1218, A98A1219.Court of Appeals of Georgia. DECEMBER 1, 1998. McMURRAY, Presiding Judge. Fleet Finance, Inc. of Georgia (“Fleet”) retained attorney John L. Skelton, Jr. to collect accounts receivable, consisting of several purchase money notes and security deeds (“the collateral […]

541 S.E.2d 80 BRYANT v. THE STATE A00A0933.Court of Appeals of Georgia. DECIDED: OCTOBER 23, 2000 SMITH, Presiding Judge. Johnny Bryant was convicted by a jury of misdemeanor involuntary manslaughter, O.C.G.A. § 16-5-3 (b). His motion for new trial as amended was denied, and he appeals. We affirm. 1. Bryant contends the evidence was not […]

248 S.E.2d 566 UNITED STATES FIDELITY GUARANTY COMPANY et al. v. FOSTER. 56600.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1978. DECIDED SEPTEMBER 25, 1978. QUILLIAN, Presiding Judge. This case is controlled by U.S. Fidelity c. Co. v. Navarre, 147 Ga. App. 302. Judgment affirmed. Webb and McMurray, JJ., concur. ARGUED SEPTEMBER 7, 1978 — DECIDED […]

71 S.E.2d 551 BRAND v. PRUITT. 34072.Court of Appeals of Georgia. DECIDED JUNE 19, 1952. REHEARING DENIED JULY 3, 1952. 1. The evidence did not demand a verdict for the defendant on the general grounds. 2. The special grounds of the amended motion for a new trial are without merit for the reasons set out […]

213 S.E.2d 172 BUNDY v. DILLARD. 50094.Court of Appeals of Georgia.ARGUED JANUARY 7, 1975. DECIDED FEBRUARY 20, 1975. MARSHALL, Judge. Bundy filed a complaint against Dillard alleging breach of contract and fraud in that Dillard failed to assume and make payments on a tractor that Bundy allegedly sold Dillard. Dillard denied ever agreeing to purchase […]

374 S.E.2d 550 HENDERSON v. KMSYSTEMS, INC. et al.; and vice versa. 77044, 77087.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1988. REHEARING DENIED OCTOBER 24, 1988. BIRDSONG, Chief Judge. This is an appeal from the order of the superior court partially Page 894 granting appellee/cross-appellant’s motion for summary judgment as to the appellant/cross-appellee’s claims […]

360 S.E.2d 647 FLUDD v. TILLER et al. 74920.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1987. DEEN, Presiding Judge. The appellant, Willie Fludd, commenced this action against Frank Tiller and J. B. Dykes (as police officers), on November 30, 1984, seeking damages for a chest wound he sustained when Tiller apprehended a criminal suspect. […]

248 S.E.2d 544 MALONE v. FIREMAN’S FUND INSURANCE COMPANY et al. 56509.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1978. DECIDED SEPTEMBER 21, 1978. QUILLIAN, Presiding Judge. This is an appeal from a judgment of the superior court which affirmed an award of the State Board of Workers’ Compensation (changed from State Board of Workmen’s Compensation, […]

714 S.E.2d 342 GILL PLUMBING COMPANY v. JIMENEZ; and vice versa. Nos. A11A0607, A11A0608.Court of Appeals of Georgia. DECIDED JUNE 16, 2011. BARNES, Presiding Judge. This is the second appearance of this contractual indemnity case before this court. See Jimenez v. Gilbane Bldg. Co., 303 Ga. App. 125 (693 S.E.2d 126) (2010). On remand from […]

10 S.E.2d 286 BANCROFT v. CONYERS REALTY COMPANY. 28132.Court of Appeals of Georgia. DECIDED JULY 1, 1940. REHEARING DENIED JULY 30, 1940. 1. where a contract fails to fix an express time limitation within which its terms are to be performed, a reasonable time for their performance shall be implied. 2. The failure of one […]

471 S.E.2d 16 BANFIELD v. THE STATE A96A0581Court of Appeals of Georgia. DECIDED APRIL 4, 1996 — RECONSIDERATION DENIED APRIL 16, 1996 — CERT. APPLIED FOR. RUFFIN, Judge. Wilmer Banfield and a co-defendant were indicted for possession of cocaine. The cases were severed for trial and Banfield was convicted of the offense. He appeals from […]

267 S.E.2d 860 FREEMAN v. THE STATE. 59277.Court of Appeals of Georgia.SUBMITTED JANUARY 17, 1980. DECIDED APRIL 7, 1980. SMITH, Judge. Appellant was convicted of two counts of rape. We affirm. 1. In his first enumeration of error, appellant contends that the trial court erred in denying his motion for new trial on the general […]

127 S.E.2d 824 NICHOLSON v. HARRISON et al. 39701.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1962. REHEARING DENIED OCTOBER 2, 1962. EBERHARDT, Judge. Where the holder of a bill of sale to secure debt on crops foreclosed it as a mortgage, and placed the execution in the hands of the sheriff, who notified tenants […]

638 S.E.2d 426 WHITE v. THE STATE. No. A06A1662.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 2006. ADAMS, Judge. Terry Allen White was tried before a jury and convicted of attempt to commit robbery by sudden snatching for which he received Page 287 a sentence often years’ confinement to be served as a recidivist. White […]

409 S.E.2d 235 E. H. CRUMP COMPANY OF GEORGIA, INC. et al. v. MILLAR. A91A0535.Court of Appeals of Georgia. DECIDED JUNE 28, 1991. RECONSIDERATION DENIED JULY 23, 1991. COOPER, Judge. This is the second appearance of this case before this court in an action in which the appellee is seeking to recover, inter alia, commissions […]

555 S.E.2d 767 MCRAE v. THE STATE. A01A1426.Court of Appeals of Georgia. DECIDED: OCTOBER 19, 2001. RUFFIN, Judge. A jury found Thessalonias McRae guilty of armed robbery. McRae appeals from the trial court’s denial of his motion for new trial, asserting that the evidence was insufficient to support his conviction, that his statement to police […]

191 S.E.2d 110 FIRESTONE TIRE RUBBER COMPANY v. JACKSON TRANSPORTATION COMPANY. 47245.Court of Appeals of Georgia.SUBMITTED MAY 24, 1972. DECIDED JUNE 14, 1972. 1. In an action based upon breach of implied warranty of a product as to safety and fitness for use the court should include in its charge the doctrine of “legal accident” […]

269 S.E.2d 63 PERRY v. THE STATE. 59675.Court of Appeals of Georgia.SUBMITTED APRIL 9, 1980. DECIDED MAY 9, 1980. QUILLIAN, Presiding Judge. Defendant appeals his conviction for possession of marijuana Held: 1. The state did not establish the venue of the crime in Sumter County where the trial was held. The only evidence of venue […]

381 S.E.2d 106 LAWTON v. THE STATE. 77798.Court of Appeals of Georgia. DECIDED MARCH 17, 1989. REHEARING DENIED MARCH 29, 1989. McMURRAY, Presiding Judge. Defendant appeals his conviction of the offenses of attempted Page 117 armed robbery (criminal attempt to commit armed robbery), aggravated assault, and possession of a firearm during the commission of a […]

587 S.E.2d 200 HANSON v. THE STATE A03A1469.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 2003 ANDREWS, Presiding Judge. Kent Hanson appeals from the judgment entered after a jury found him guilty of two counts of child molestation and two counts of aggravated child molestation. He contends that the trial court erred in allowing child […]

594 S.E.2d 723 CARTWRIGHT v. THE STATE. A03A2422Court of Appeals of Georgia. DECIDED: FEBRUARY 11, 2004 JOHNSON, Presiding Judge. This case arises from the trial court’s denial of Linda Cartwright’s motion to suppress evidence. Because we find that the search exceeded th Terry v. Ohio[1] pat-down for weapons, we reverse the trial court’s denial of […]

555 S.E.2d 887 SMILEY v. THE STATE. A01A1762.Court of Appeals of Georgia. DECIDED: NOVEMBER 1, 2001 MIKELL, Judge. Vincent Arthur Smiley, who proceeded pro se, was convicted at a bench trial of aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. He appeals […]

591 S.E.2d 379 THE STATE v. RACKOFF. A03A2455Court of Appeals of Georgia. DECIDED NOVEMBER 14, 2003 ELLINGTON, Judge. The State Court of Gwinnett County granted Stewart Daniel Rackoff’s motion to suppress the results of an Intoxilyzer 5000 breath alcohol test in this prosecution for driving under the influence. The trial court granted the motion because […]

132 S.E.2d 107 LEE v. THE STATE. 40153.Court of Appeals of Georgia. DECIDED JUNE 25, 1963. The defendant’s conviction of the offense of bastardy was authorized by the evidence; and none of the special grounds of the amended motion for new trial being meritorious, the trial court did not err in denying the defendant’s motion […]

81 S.E.2d 18 PILGREEN v. HANSON. 34790.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1954. REHEARING DENIED MARCH 5, 1954. 1. It cannot be held as a matter of law that the allegations of fact contained in the petition failed to show negligence on the part of the defendant, or that the petition disclosed such […]

32 S.E.2d 549 SCOTT v. THE STATE. 30660.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1944. MacINTYRE, J. The defendant was convicted in the criminal court of Fulton County of a misdemeanor, in that he “did engage in and sell as a retail dealer, distilled spirits and alcohol, without first obtaining a license from the […]

529 S.E.2d 218 HUDSON v. THE STATE. A99A1771.Court of Appeals of Georgia. DECIDED: FEBRUARY 3, 2000. RUFFIN, Judge. Roderick Hudson was convicted of one count of armed robbery, five counts of aggravated assault, and one count of possession of a firearm during the commission of a crime.[1] He appeals, contesting the sufficiency of the evidence. […]

410 S.E.2d 447 HOLLAND v. TENNYSON. A91A0757.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1991. COOPER, Judge. Appellee was served a complaint in which appellant alleged that he suffered damages on December 1, 1989, while exiting a restaurant owned by appellee. Subsequently, appellant recast the complaint and alleged that he suffered damages on December 1, […]

426 S.E.2d 251 KENDRIX v. THE STATE. A92A1002.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1992. CARLEY, Presiding Judge. Appellant was tried before a jury and found guilty of two counts of burglary, two counts of armed robbery, one count of aggravated sodomy, three counts of kidnapping, one count of kidnapping with bodily injury and […]

667 S.E.2d 183 EVANS v. THE STATE. No. A08A1022.Court of Appeals of Georgia. DECIDED AUGUST 22, 2008. BARNES, Chief Judge. Timothy J. Evans appeals the trial court’s denial of his plea of double jeopardy, contending that his exclusion from the drug court program violated his rights to Equal Protection and the Americans with Disabilities Act […]

331 S.E.2d 31 LESTER v. THE STATE. 70014.Court of Appeals of Georgia. DECIDED MAY 29, 1985. POPE, Judge. Appellant Gary Wayne Lester was tried and convicted, along with co-defendant Katherine Louise Daniel, of selling marijuana. He was sentenced to a term of 10 years, 6 to be served in confinement. The jury was authorized by […]

303 S.E.2d 173 DENDY v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY. 63591.Court of Appeals of Georgia. DECIDED MARCH 10, 1983. REHEARING DENIED MARCH 31, 1983. QUILLIAN, Presiding Judge. On certiorari, MARTA v. Dendy, 250 Ga. 538 (299 S.E.2d 876), the Supreme Court has reversed that portion of our decision i Dendy v. MARTA, 163 Ga. App. […]

207 S.E.2d 651 WILLIAMS v. THE STATE. 49238.Court of Appeals of Georgia.SUBMITTED APRIL 5, 1974. DECIDED JUNE 18, 1974. PANNELL, Judge. Appellant was convicted of two counts of distributing and selling heroin in Augusta, Georgia. Tried and convicted as charged, he was sentenced to eight years on each count, with the sentences to run consecutively. […]

237 S.E.2d 688 HIGHTOWER v. DANIEL. 54161.Court of Appeals of Georgia.SUBMITTED JUNE 27, 1977. DECIDED SEPTEMBER 7, 1977. BELL, Chief Judge. Plaintiff who had leased his house to defendant brought this suit for rent. The trial court after making findings of fact, concluded as a matter of law that defendant had established the affirmative defense […]

116 S.E.2d 628 HARTFORD ACCIDENT INDEMNITY COMPANY et al. v. FULLER. 38372.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1960. 1. Under Code Ann. § 114-417, the State Board of Workmen’s Compensation is without authority to make a lump-sum award with credit to be taken by the employer or insurer at the end of the […]

440 S.E.2d 668 DELANEY v. LAKESIDE VILLA, LTD. et al. A93A1941.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1993. BIRDSONG, Presiding Judge. Donna Delaney appeals the judgment entered on the jury verdict for appellee/defendant. Appellant/plaintiff Delaney brought suit against appellee Lakeside Villa, Ltd., for damages sustained when her apartment was burglarized. Appellant contended that appellee […]

325 S.E.2d 897 WISSEH v. BANK OF CREDIT COMMERCE INTERNATIONAL. 69319.Court of Appeals of Georgia. DECIDED JANUARY 15, 1985. DEEN, Presiding Judge. Appellant Bartehqua N. Wisseh, a citizen of Liberia, moved to the United States in 1980, settling first in Salisbury, N.C., and subsequently moving to Atlanta. Late in 1982 he began receiving from the […]

115 S.E.2d 623 ARNOLD v. JOWERS. 38370.Court of Appeals of Georgia. DECIDED JULY 1, 1960. Where the owner of property has listed it with a real-estate broker to be sold, and the broker procures a prospective purchaser, and the owner with knowledge of this fact intervenes or sells the property to the customer or prospective […]

441 S.E.2d 792 REDMAN HOMES, INC. v. VOSS et al. GREESON HOMES CORPORATION v. VOSS et al. A93A2440, A93A2441.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1994. RECONSIDERATIONS DENIED MARCH 11, 1994. BEASLEY, Presiding Judge. These appeals challenge the trial court’s decision to grant plaintiffs permission to dismiss their cause of action without prejudice, pursuant […]

237 S.E.2d 452 CALDWELL v. THE STATE. 54208.Court of Appeals of Georgia.ARGUED JULY 7, 1977. DECIDED JULY 13, 1977. DEEN, Presiding Judge. The defendant was convicted of a violation of Code § 26-3201 in that he conspired to commit armed robbery with four named persons, at least one of whom committed an overt act by […]

358 S.E.2d 879 SMITH et al. v. GEORGIA POWER COMPANY et al. CITY OF COLLEGE PARK et al. v. GEORGIA POWER COMPANY et al. 74623, 74624.Court of Appeals of Georgia. DECIDED JUNE 15, 1987. BIRDSONG, Chief Judge. The City of College Park filed two actions simultaneously, for declaratory judgment that a “service contract” between Georgia […]

499 S.E.2d 411 FISHER v. MARVIN REESE COMPANIES, INC. A98A0260.Court of Appeals of Georgia. DECIDED MARCH 23, 1998. Judge Harold R. Banke. Marvin Reese Companies, Inc. (“Reese”) obtained a restraining order restricting its former employee, Myron Fisher, from selling certain specified products in a delineated area and requiring that Fisher disclose certain information whenever he […]

660 S.E.2d 39 PLANNING TECHNOLOGIES, INC. et al. v. KORMAN. No. A07A2023.Court of Appeals of Georgia. DECIDED MARCH 17, 2008. RECONSIDERATION DENIED APRIL 3, 2008. BERNES, Judge. Defendants Planning Technologies, Inc. (“PTI”), Arturo H. Sanchez, and Ronald G. Spencer appeal the trial court’s grant of partial summary judgment in favor of plaintiff Peter J. Korman […]

648 S.E.2d 426 TAYLOR v. THOMAS. No. A07A0595.Court of Appeals of Georgia. DECIDED JUNE 20, 2007. MILLER, Judge. Denny L. Taylor filed a complaint against R. D. Thomas, Jr., Pierce County, the City of Waycross, the Department of Transportation of Georgia, and Sylvia S. Hurst, individually and as executrix of the estate of William Henry […]

410 S.E.2d 364 SUNBELT SPECIALTIES et al. v. KEITH. A91A1209.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1991. SOGNIER, Chief Judge. Walter Keith was injured in the course of his employment with Sunbelt Specialties and was awarded total disability income benefits under the Workers’ Compensation Act, OCGA § 34-9-1 et seq. Sunbelt and its insurer […]

284 S.E.2d 82 HOWELL v. THE STATE. 61869.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1981. SOGNIER, Judge. 1. On October 13, 1978 appellant pleaded guilty to several offenses; pursuant to the provisions of the First Offender Act (Code Ann. § 27-2727 et seq.) he was placed on probation for a period of nine years. […]

230 S.E.2d 83 PEACHTREE NORTH APARTMENTS COMPANY et al. v. ARKHORA ASSOCIATES, INC. 52781.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1976. DECIDED OCTOBER 18, 1976. CLARK, Judge. Appellee brought suit against appellants to recover money due under a contract for services. The trial court, sitting without a jury, entered judgment for the appellee. Held: 1. […]

455 S.E.2d 328 WATTS v. JAFFS et al. A94A2084.Court of Appeals of Georgia. DECIDED MARCH 9, 1995. CERT. APPLIED FOR. JOHNSON, Judge. Debbie Jaffs and her husband brought this action against William Watts seeking to recover for injuries sustained when Jaffs fell down the steps of an apartment building owned by Watts. Jaffs was ascending […]

714 S.E.2d 653 AMERICAN BENEFIT CORPORATION et al. v. PARKING COMPANY OF AMERICA, INC. et al. No. A10A0630.Court of Appeals of Georgia. DECIDED JULY 13, 2011. SMITH, Presiding Judge. In this dispute concerning title to a parcel of real property, the American Benefit Corporation (“ABC”), Potomac National Corporation (“Potomac”), and Adeola Oni appeal from a […]

561 S.E.2d 831 LIGON v. BARTIS. A01A2417.Court of Appeals of Georgia. DECIDED: FEBRUARY 19, 2002. JOHNSON, Presiding Judge. This is the second appearance of this case before this Court.[1] Louis Ligon filed a personal injury action against Larry Bartis after Bartis’ car rear-ended Ligon’s car. Ligon believed that his attorney settled the case without his […]

260 S.E.2d 552 GREENWAY et al. v. DeKALB COUNTY et al. ELARBEE et al. v. GREENWAY et al. PEABODY INTERNATIONAL CORPORATION v. GREENWAY et al. 57952, 57953, 57954, 57955.Court of Appeals of Georgia.ARGUED JUNE 11, 1979. DECIDED OCTOBER 1, 1979. SMITH, Judge. In Cases 57952, 57953, and 57954, Mr. and Mrs. L. D. Greenway, Fred […]

668 S.E.2d 849 YISRAEL v. THE STATE. No. A08A1570.Court of Appeals of Georgia. DECIDED OCTOBER 23, 2008. JOHNSON, Presiding Judge. A jury convicted Abdiyel Yisrael of armed robbery, [1] possession of a weapon during the commission of a crime, [2] and possession of marijuana.[3] Yisrael appeals, alleging that the evidence was insufficient to support the […]

318 S.E.2d 201 TAYLOR v. BLACKWOOD et al. 68202.Court of Appeals of Georgia. DECIDED APRIL 27, 1984. DEEN, Presiding Judge. The appellant, G. Wayne Taylor, commenced this action against the appellees, Harris Blackwood and WALB-TV, Inc., alleging that he had been defamed in a television broadcast at 6:00 p. m. and 11:00 p. m. on […]

64 S.E.2d 473 TITSHAW v. RUSHTON. 33332.Court of Appeals of Georgia. DECIDED APRIL 6, 1951. Under the facts of this case, the petition for certiorari contained at least one valid assignment of error, and was not subject to the defendant’s “general motion to dismiss” on the ground that it did not contain a proper assignment […]

6 S.E.2d 92 STERCHI BROTHERS STORES INC. v. PODHOUSER, by next friend. 27522.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1939. The petition set out a cause of action; and the demurrers, general and special, were properly overruled. DECIDED DECEMBER 1, 1939. Action for damages; Fulton superior court — Judge Humphries. January 5, 1939. Hendrix […]

44 S.E.2d 492 HANEY v. THE STATE. 31749.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1947. When whisky is found on the premises of the defendant, which are in his exclusive control and possession as husband and head of the family, the inference arises that the possession is that of the defendant and is with […]

353 S.E.2d 12 HAGGINS v. THE STATE. 73539.Court of Appeals of Georgia. DECIDED JANUARY 15, 1987. CARLEY, Judge. Appellant was tried before a jury and found guilty of the following offenses: aggravated assault on a peace officer; possession of a firearm during the commission of a crime; a violation of the Georgia Controlled Substances Act; […]

445 S.E.2d 553 OBIOZOR v. THE STATE. A94A1409.Court of Appeals of Georgia. DECIDED JUNE 9, 1994. BIRDSONG, Presiding Judge. Godfrey Okechukwu Obiozor appeals his conviction of trafficking in heroin of more than 28 grams and unlawfully having under his control marijuana of less than one ounce in weight Held: 1. Jackson v. Virginia, 443 U.S. […]

492 S.E.2d 671 RAGAN ENTERPRISES INC. v. L B CONSTRUCTION COMPANY INC., et al. A96A0566.Court of Appeals of Georgia. DECIDED JULY 10, 1997 — RECONSIDERATION DENIED OCTOBER 21, 1997. BIRDSONG, Presiding Judge. In Ragan Enterprises v. L B Construction Co., 221 Ga. App. 543 (472 S.E.2d 88) we reversed the grant of summary judgment to […]

163 S.E.2d 890 BACON v. WINTER. 43798.Court of Appeals of Georgia.SUBMITTED JULY 2, 1968. DECIDED SEPTEMBER 3, 1968. REHEARING DENIED SEPTEMBER 18, 1968. HALL, Judge. The plaintiff sued the defendant in trover for a 1956 Great Dane produce van trailer. The defendant appeals from an adverse money judgment. 1. The action and the defensive pleadings […]

275 S.E.2d 343 PETERS v. JOYCE. 60610.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 10, 1980. DECIDED OCTOBER 23, 1980. DEEN, Chief Judge. This is an action for damages based on breach of an oral promise to make a will. The intestate Levi Joyce became ill and unable to take care of his 118-acre farm. His sister […]

416 S.E.2d 537 THE STATE v. ARMSTRONG. A91A2009.Court of Appeals of Georgia. DECIDED MARCH 3, 1992. COOPER, Judge. The State appeals the trial court’s grant of appellee’s motion to suppress. Specifically, the State contends the court erred in granting the motion on the basis of facts and law not alleged in appellee’s written motion. Appellee […]

633 S.E.2d 544 JONAS et al. v. JONAS. No. A06A1413.Court of Appeals of Georgia. DECIDED JUNE 12, 2006. RECONSIDERATION DENIED JUNE 27, 2006. BLACKBURN, Presiding Judge. Edward Jonas, Jr. (the “uncle”) and Gaynelle Jonas (the “grandmother”) appeal a jury award of compensatory and punitive damages in favor of Regan Jonas (the “daughter”) arising out of […]

534 S.E.2d 549 FOX v. THE STATE. A98A0937.Court of Appeals of Georgia. DECIDED: MAY 10, 2000. BLACKBURN, Presiding Judge. In Fox v. State, 235 Ga. App. 714 (509 S.E.2d 75) (1998), we affirmed the trial court’s denial of Fox’s motion to suppress evidence Page 858 found in search of his residence. In Fox v. State, […]

364 S.E.2d 81 ELWELL v. CUTLER et al. 74841.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1987. REHEARING DENIED DECEMBER 18, 1987. BEASLEY, Judge. Legal malpractice. Plaintiff Elwell sued her attorneys for negligence in allowing the statute of limitation to run on a claim arising from a motor vehicle collision. She moved for partial summary […]

153 S.E.2d 730 ADAMS v. CHAPMAN. 42410.Court of Appeals of Georgia.SUBMITTED NOVEMBER 9, 1966. DECIDED JANUARY 6, 1967. PER CURIAM. There is no question presented on this appeal which can be determined without a consideration of the evidence adduced upon trial of the case. There is no transcript of the evidence in the record, and […]

308 S.E.2d 25 LLOYD v. THE STATE. 66745.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1983. QUILLIAN, Presiding Judge. The defendant appeals his conviction for burglary. Held: OCGA § 16-7-1 (Code Ann. § 26-1601) provides: “A person commits the offense of burglary when, without authority and with the intent to commit a felony or theft […]

469 S.E.2d 807 BRANCH v. ALLIANCE SYNDICATE, INC. ET AL. A95A2195Court of Appeals of Georgia. DECIDED MARCH 11, 1996 McMURRAY, Presiding Judge. Branch, an independent insurance agent acting through his closely held corporation, solicited quotes for a general liability policy for a client, Glasstream Boats, Inc. (“Glasstream”). A policy written by Alliance Syndicate, Inc. (“Alliance”) […]

173 S.E.2d 127 HOOD v. GENERAL SHOE CORPORATION et al. 44975.Court of Appeals of Georgia.SUBMITTED JANUARY 12, 1970. DECIDED JANUARY 30, 1970. HALL, Presiding Judge. On an affidavit in attachment, bond and execution issued thereon, filed April 3, 1963, on behalf of General Shoe Corporation against John L. Peterson, a nonresident, there was issued a […]

9 S.E.2d 693 ARNOLDSVILLE TRADING COMPANY v. JONES. 28360.Court of Appeals of Georgia. DECIDED JUNE 10, 1940. The verdict finding the property subject to the execution was without evidence to support it, and the court erred in overruling the claimant’s motion for new trial. DECIDED JUNE 10, 1940. Levy and claim; from Gordon superior court […]

387 S.E.2d 419 SMITH v. THE STATE. A89A1167.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1989. CARLEY, Chief Judge. Indicted as a recidivist, appellant was tried before a jury and found guilty of aggravated assault and armed robbery. He appeals from the judgments of conviction and sentences that were entered by the trial court on […]

140 S.E.2d 112 SMITH v. THE STATE. 40981.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1964. REHEARING DENIED DECEMBER 2, 1964. 1. Where an admitted accomplice testifies for the State a charge on the necessity of such testimony being corroborated is proper. 2. Where a defendant is questioned about a stolen automobile five months after […]

326 S.E.2d 245 ROBINSON v. THE STATE. 69120.Court of Appeals of Georgia. DECIDED JANUARY 15, 1985. BENHAM, Judge. On October 28, 1983, appellant was arrested and charged with driving under the influence of alcohol in violation of OCGA §40-6-391. Appellant pled guilty and the sentencing hearing was held on April 18, 1984, at which time […]

86 S.E.2d 329 ADAMS v. RICKS. 35487.Court of Appeals of Georgia. DECIDED JANUARY 27, 1955. REHEARING DENIED FEBRUARY 18, 1955. 1. (a) Where, as here, the trial court on demurrer sustained certain special demurrers and ordered the paragraphs attacked therein stricken from the petition, and also in another order sustained a general demurrer to the […]

78 S.E.2d 551 BIRD v. THE STATE. 34872.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1953. GARDNER, P. J. 1. The defendant was convicted on an indictment containing two counts: Count 1 is based on the operation of an automobile on a public highway while under the influence of intoxicating liquors. Count 2 is based […]