Category: Georgia Court of Appeals Opinions

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 […]

256 S.E.2d 676 HOFFMAN v. CLENDENON. 57653.Court of Appeals of Georgia.SUBMITTED APRIL 10, 1979. DECIDED MAY 23, 1979. BANKE, Acting Presiding Judge. This case involves a complaint for indebtedness on an open account for decorating services and materials. The original complaint prayed for judgment in the amount of $3,471.38 and was subsequently amended to claim […]

289 S.E.2d 29 ROGERS v. THE STATE. 63526.Court of Appeals of Georgia. DECIDED MARCH 11, 1982. McMURRAY, Presiding Judge. Defendant was indicted in two separate indictments, tried and convicted of the offenses of burglary. He appeals as to the sufficiency of the evidence to convict which is based on recent, unexplained possession of stolen property. […]

7 S.E.2d 791 RAMPEY v. THE STATE. 27956.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1940. REHEARING DENIED MARCH 23, 1940. The defendant’s conviction of the offense of voluntary manslaughter was amply authorized by the evidence. No ground of the motion for new trial shows reversible error. DECIDED FEBRUARY 5, 1940. REHEARING DENIED MARCH 23, […]

417 S.E.2d 163 FULTON-DeKALB HOSPITAL AUTHORITY v. METZGER. A91A1460.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 1992. RECONSIDERATION DENIED APRIL 1, 1992. COOPER, Judge. Appellee was employed by appellant as a paramedic on December 18, 1988, when he sustained an injury while on the job. At the time appellee was hired, appellant’s Personnel Policies Practices […]

379 S.E.2d 170 MARTIN v. THE STATE. 77748.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1989. REHEARING DENIED FEBRUARY 27, 1989. BANKE, Presiding Judge. The appellant was convicted of cruelty to children (OCGA §16-5-70) based on evidence that he had attacked and beaten a six-year-old child. He filed this appeal from the denial of his […]

290 S.E.2d 168 McMICHAEL et al. v. ROBINSON et al. 63324.Court of Appeals of Georgia. DECIDED APRIL 8, 1982. BIRDSONG, Judge. Indemnity Agreement. Peyton C. Robinson and John L. Thompson were joint owners of over 200 acres of land in Jasper County, but both are residents of Fulton County. In 1977, Robinson conferred with Marvin […]

658 S.E.2d 904 GARCIA v. THE STATE. No. A07A2171.Court of Appeals of Georgia. DECIDED MARCH 7, 2008. PHIPPS, Judge. On appeal from his conviction on three counts of aggravated assault, Joe Mark Garcia argues that the evidence was insufficient and that the trial court erred when it admitted his statement to police, when it denied […]

430 S.E.2d 135 FLEEMAN v. DEPARTMENT OF HUMAN RESOURCES. A92A2338.Court of Appeals of Georgia. DECIDED MARCH 17, 1993. RECONSIDERATION DENIED MARCH 23, 1993. BLACKBURN, Judge. In March 1992, the state Department of Human Resources (“DHR”) filed an action against James Fleeman pursuant to OCGA §§ 19-11-5 and 19-11-6, seeking to recover child support benefits paid […]

25 S.E.2d 720 NOBLES et al. v. SOUTHERN RAILWAY COMPANY. 30027.Court of Appeals of Georgia. DECIDED APRIL 8, 1943. REHEARING DENIED MAY 12, 1943. SUTTON, J. Where the plaintiffs brought suit against the defendant railroad for unliquidated damages caused to three carloads of watermelons delivered to the defendant for transportation to certain destinations, and the […]

637 S.E.2d 123 IN THE INTEREST OF B. D. et al., children (two cases). Nos. A06A1632, A06A1633.Court of Appeals of Georgia. DECIDED OCTOBER 3, 2006. RUFFIN, Chief Judge. The juvenile court entered an order terminating the parental rights of both the father and mother of B. D., D. D., and I. D. In Case No. […]

464 S.E.2d 922 ALTERMATTS PAINTING et al. v. SUBSEQUENT INJURY TRUST FUND. A95A1674Court of Appeals of Georgia. DECIDED DECEMBER 5, 1995 BEASLEY, Chief Judge. We granted Altermatts Painting and Selective Insurance Company discretionary appeal in this workers’ compensation case to address the following question regarding the construction of OCGA § 34-9-363.1 (b): When a reimbursement […]

395 S.E.2d 663 MASSEY v. THOMASTON FORD MERCURY. A90A0436.Court of Appeals of Georgia. DECIDED JULY 10, 1990. COOPER, Judge. Appellant purchased a truck from appellee. The sales contract recited that the truck was equipped with a radio, air conditioning and power steering, however, these features were never installed. Six months later the truck was destroyed […]

329 S.E.2d 154 SCOTT HOUSING SYSTEMS, INC. v. HICKOX. 69259.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1985. REHEARING DENIED MARCH 20, 1985. BIRDSONG, Presiding Judge. The defendant, Scott Housing Systems, Inc., appeals from a jury verdict and judgment for plaintiff, Kenneth D. Hickox. Hickox was an Page 24 employee of Scott’s and repaired and […]

436 S.E.2d 553 KIRK v. THE STATE. A93A1378.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1993. BEASLEY, Presiding Judge. Kirk was indicted for armed robbery, OCGA § 16-8-41 (a), by means of a handgun or something having the appearance of a gun. A jury convicted him of the lesser offense of robbery by intimidation, Page […]

8 S.E.2d 711 FREEMAN v. ATLANTA POLICE RELIEF ASSOCIATION et al. 28166.Court of Appeals of Georgia. DECIDED APRIL 18, 1940. This being a controversy arising out of a petition for interpleader, and being a case in equity, the Supreme Court, and not the Court of Appeals, has jurisdiction. DECIDED APRIL 18, 1940. Interpleader; from Fulton […]

214 S.E.2d 724 GEORGIA POWER COMPANY v. WRIGHT et al. 50301.Court of Appeals of Georgia.ARGUED MARCH 3, 1975. DECIDED APRIL 7, 1975. WEBB, Judge. Georgia Power Company in its action in rem appealed the award of the special master to the Superior Court of Irwin County. The jury awarded more than the special master had, […]

518 S.E.2d 734 JONES v. THE STATE. A99A0639.Court of Appeals of Georgia. DECIDED: JUNE 10, 1999 SMITH, Judge. Albert “Bones” Jones was indicted by a Thomas County grand jury for the offenses of burglary and possession of a firearm by a convicted felon. He was tried before a jury in a bifurcated trial to avoid […]

287 S.E.2d 224 MUSE v. THE STATE. 61738.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1981. REHEARING DENIED NOVEMBER 3, 1981. CARLEY, Judge. Appellant appeals from his conviction of three counts of theft by receiving stolen property. 1. It is first urged that appellant was denied his right to a thorough and sifting cross-examination. During […]

570 S.E.2d 43 FULLER v. THE STATE. A02A1461.Court of Appeals of Georgia. DECIDED: JULY 30, 2002 BLACKBURN, Chief Judge. Randy S. Fuller appeals his convictions, following a jury trial, of driving under the influence of alcohol and marijuana to the extent that he was a less safe driver, possession of marijuana of less than one […]

200 S.E.2d 302 LOUDERMILK v. THE STATE. 48385.Court of Appeals of Georgia.SUBMITTED JUNE 29, 1973. DECIDED SEPTEMBER 4, 1973. STOLZ, Judge. The defendant, indicted for the murder of his brother, was convicted by a jury of voluntary manslaughter and sentenced to twenty years, from which judgment he appeals. Held: 1. The defendant contends that the […]

402 S.E.2d 777 BORAL BRICKS, INC. v. OLD SOUTH TRANSPORTATION MANAGEMENT, INC. A90A2165.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1991. CARLEY, Judge. A vehicle belonging to appellant-plaintiff was totally destroyed in a collision with a vehicle belonging to appellee-defendant. Thereafter, a settlement was reached except insofar as appellant’s recovery for the “loss of use” […]

234 S.E.2d 829 POPE v. THE STATE. 53714.Court of Appeals of Georgia.ARGUED APRIL 6, 1977. DECIDED APRIL 15, 1977. WEBB, Judge. O. P. Pope was convicted of several offenses growing out of domestic difficulties with his wife and stepdaughter, and we affirm. 1. Defendant moved to suppress evidence as to a pistol taken from him […]

507 S.E.2d 874 IN THE INTEREST OF J.B. A98A1560.Court of Appeals of Georgia. DECIDED OCTOBER 16, 1998. SMITH, Judge. This appeal arises out of the juvenile court’s order transferring J.B. to the superior court for prosecution. J.B. contends the State failed to meet its burden of showing that he was 15 years old at the […]

104 S.E.2d 631 HIGHTOWER et al. v. WILLIAMS. 37168.Court of Appeals of Georgia. DECIDED JUNE 23, 1958. REHEARING DENIED JULY 30, 1958. The evidence as to the location of the disputed landline was of sufficient probative value to sustain the verdict for the plaintiff, and the trial court did not err in denying the motion […]

101 S.E.2d 740 RIEGEL TEXTILE CORPORATION v. CRAIG. 36872.Court of Appeals of Georgia. DECIDED NOVEMBER 27, 1957. REHEARING DENIED DECEMBER 17, 1957. The evidence demanded a finding that the claimant’s fall on January 9, 1956, at least contributed to a herniated disc for which she was operated on in October of 1956; therefore, the court […]

416 S.E.2d 307 RED ROOF INN et al. v. LYNN. A91A2241.Court of Appeals of Georgia. DECIDED JANUARY 27, 1992. RECONSIDERATION DENIED FEBRUARY 24, 1992. Judge Arnold Shulman. The claimant in this workers’ compensation case was awarded disability benefits for a back injury which she sustained when she fell while putting up a shower curtain during […]

239 S.E.2d 154 HILL v. HILL. 54102.Court of Appeals of Georgia.SUBMITTED JUNE 27, 1977. DECIDED SEPTEMBER 7, 1977. REHEARING DENIED OCTOBER 18, 1977. BELL, Chief Judge. This is an appeal from a judgment granting a writ of possession. Plaintiff made an affidavit on March 2, 1977 for writ of possession for certain premises. Summons was […]

147 S.E.2d 825 ROBERT COMPANY ASSOCIATES v. COVIL et al. 41796.Court of Appeals of Georgia.ARGUED FEBRUARY 9, 1966. DECIDED MARCH 8, 1966. REHEARING DENIED MARCH 29, 1966. 1. The effect of nonsuit is dismissal of the case; it puts the entire case, including the petition, out of court. An amendment offered after nonsuit and after […]

491 S.E.2d 213 CHESSER v. THE STATE. A97A1645.Court of Appeals of Georgia. DECIDED AUGUST 15, 1997. BIRDSONG, Presiding Judge. Larry Lamar Chesser appeals his conviction of arson in the first degree in Clayton County. He enumerates three errors Held: 1. Appellant asserts the trial court erred in admitting a display map and computer summary of […]

157 S.E.2d 782 KELLY v. BANDA. 43053.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1967. DECIDED OCTOBER 2, 1967. Where the plaintiff and the defendant jointly participate in a prohibited lottery or gift enterprise, a suit for money had and received will not lie as to funds derived therefrom which are in the defendant’s possession. ARGUED […]

127 S.E.2d 484 MORIARTY v. THE STATE. 39631.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1962. REHEARING DENIED SEPTEMBER 18, 1962. The trial court did not err in denying the amended motion for new trial. DECIDED SEPTEMBER 11, 1962 — REHEARING DENIED SEPTEMBER 18, 1962. Assault and battery. Hall City Court. Before Judge Blackshear. P. […]

276 S.E.2d 650 BARKLEY-CUPIT ENTERPRISES, INC. v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES. 60904.Court of Appeals of Georgia. DECIDED JANUARY 14, 1981. McMURRAY, Presiding Judge. Barkley-Cupit Enterprises, Inc., d/b/a Rivermont Golf Country Club (“Barkley-Cupit”), and The Equitable Life Assurance Society of the United States (“Equitable”) entered into an agreement (the “Agreement”) whereby Equitable […]

388 S.E.2d 705 THE STATE v. SCHWALL. A89A1486.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1989. REHEARING DENIED NOVEMBER 28, 1989. POPE, Judge. Defendant James Lamar Schwall, Jr., was indicted for violation of the Georgia Controlled Substances Act on September 7, 1988. An order of the trial court recites that defendant’s counsel was appointed to […]

283 S.E.2d 74 GENERAL MOTORS ACCEPTANCE CORPORATION v. YATES MOTOR COMPANY, INC. YATES MOTOR COMPANY, INC. v. GENERAL MOTORS ACCEPTANCE CORPORATION et al. 61612, 61691.Court of Appeals of Georgia. DECIDED JULY 9, 1981. SOGNIER, Judge. Plaintiff Yates Motor Company, Inc. (Yates) transferred title and possession of three trucks to defendant Bill Peacock Chevrolet, Inc. (Peacock […]

302 S.E.2d 367 BENNETT v. THE STATE. 65368.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1983. REHEARING DENIED MARCH 3, 1983. BIRDSONG, Judge. Alonzo Bennett was convicted of burglary and sentenced to seven years with five to serve. He brings this appeal enumerating five alleged errors. Held: 1. In his first enumeration, Bennett complains that […]

272 S.E.2d 510 HUBBARD v. FARMERS BANK, UNION POINT, GEORGIA. 60225.Court of Appeals of Georgia.SUBMITTED JULY 7, 1980. DECIDED SEPTEMBER 5, 1980. REHEARING DENIED SEPTEMBER 17, 1980. DEEN, Chief Judge. This litigation in which the appellee bank seeks a deficiency judgment following foreclosure of personal property had a prior appearance in 153 Ga. App. 497 […]

597 S.E.2d 565 BENNETT v. THE STATE. JACOBS v. THE STATE. A03A2439, A03A2440.Court of Appeals of Georgia. DECIDED MARCH 24, 2004. MILLER, Judge. Justin Bennett and Jalani Jacobs were tried jointly before a jury and were both convicted on one count of armed robbery arising out of the robbery of a furniture store. Bennett appeals, […]

333 S.E.2d 866 DEPARTMENT OF TRANSPORTATION v. PILGRIM et al. 69739.Court of Appeals of Georgia. DECIDED JULY 9, 1985. REHEARING DENIED JULY 31, 1985. BEASLEY, Judge. This appeal resulted from a condemnation proceeding under OCGA § 32-3-4 et seq. brought by the Department of Transportation (DOT). The condemnees were five individual co-owners of the land […]

682 S.E.2d 134 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY v. ATTORNEY TITLE SERVICES, INC. et al. No. A09A0999.Court of Appeals of Georgia. DECIDED JUNE 12, 2009. BLACKBURN, Presiding Judge. Old Republic National Title Insurance Company (“Old Republic”) appeals the dismissal of its claim against attorney Scott Nathan and Attorney Title Services, Inc. (“Attorney Title”), a […]

457 S.E.2d 832 IN RE CONNELL. A95A0547.Court of Appeals of Georgia. DECIDED JUNE 1, 1995. POPE, Presiding Judge. The Carmicals filed a petition in the DeKalb County Probate Court seeking the appointment of a guardian over the person and property of Mrs. Carmical’s mother, Mrs. Connell. The probate court appointed counsel to represent Mrs. Connell […]

45 S.E.2d 84 PRICE v. THE STATE. 31727.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1947. GARDNER, J. 1. The defendant assigns error on the judgment of the superior court overruling and dismissing his certiorari. The defendant was acquitted in the Criminal Court of Fulton County on an accusation which charged “that the defendant communicated […]

210 S.E.2d 366 SULLIVAN v. GOSS. 49661.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1974. DECIDED OCTOBER 22, 1974. REHEARING DENIED NOVEMBER 6, 1974. PANNELL, Presiding Judge. This case is an action by plaintiff seeking to recover damages against the defendant because the defendant’s dog came upon plaintiff’s property and killed plaintiff’s game chickens, or “Slasher” […]

173 S.E.2d 735 GEORGIA OSTEOPATHIC HOSPITAL, INC. et al. v. DAVIDSON. 44934.Court of Appeals of Georgia.ARGUED JANUARY 5, 1970. DECIDED FEBRUARY 16, 1970. REHEARING DENIED MARCH 13, 1970. QUILLIAN, Judge. The instant case was brought by T. R. Davidson against the Georgia Osteopathic Hospital and Robert F. Haskell, D. O. The claimant sought recovery for […]

170 S.E.2d 751 JACKSON v. THE STATE. 44493.Court of Appeals of Georgia.SUBMITTED JUNE 4, 1969. DECIDED SEPTEMBER 24, 1969. REHEARING DENIED OCTOBER 1, 1969. HALL, Judge. The defendant appeals from his conviction and sentence on an accusation for malicious killing of hogs, made a misdemeanor by Code § 26-7901. The State law prohibiting owners’ permitting […]

476 S.E.2d 764 DEPARTMENT OF HUMAN RESOURCES v. PRUITT. A96A0986.Court of Appeals of Georgia. DECIDED AUGUST 21, 1996 — RECONSIDERATION DENIED OCTOBER 10, 1996. BLACKBURN, Judge. The Department of Human Resources (DHR) appeals the trial court’s decision to dismiss its petition filed pursuant to the Uniform Reciprocal Enforcement of Support Act (URESA). OCGA § 19-11-40 […]

268 S.E.2d 451 DANKERT v. THE STATE. 59034.Court of Appeals of Georgia.SUBMITTED JANUARY 10, 1980. DECIDED APRIL 23, 1980. SOGNIER, Judge. Appellant pleaded guilty to three counts of child molestation. He appeals pro se, contending the trial court erred by accepting his plea of guilty and by denying his motion to withdraw his plea of […]

195 S.E.2d 238 THOMPSON v. MASLIA et al. DiMAURO et al. v. MASLIA et al. 47406, 47407.Court of Appeals of Georgia.ARGUED SEPTEMBER 13, 1972. DECIDED NOVEMBER 21, 1972. REHEARING DENIED DECEMBER 19, 1972. EBERHARDT, Presiding Judge. For decision is an appeal from the confirmation of a debt deed foreclosure sale in proceedings brought under the […]

270 S.E.2d 449 FINANCEAMERICA CORPORATION v. DRAKE. 59179.Court of Appeals of Georgia.ARGUED JANUARY 8, 1980. DECIDED APRIL 24, 1980. REHEARING DENIED JUNE 11, 1980. CARLEY, Judge. This case again presents for review the propriety of our decision in Consolidated Credit Corp. v. Peppers, 144 Ga. App. 401 (240 S.E.2d 922) (1977). The sole issue in […]

315 S.E.2d 293 McMILLIAN v. THE STATE. 67616.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1984. CARLEY, Judge. Appellant appeals from the revocation of his probation. Appointed counsel for appellant has filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493) (1967). In accordance with Anders, […]

426 S.E.2d 645 DEVIN LAMPLIGHTER, LTD. et al. v. AMERICAN GENERAL FINANCE, INC. A92A0892.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1992. RECONSIDERATION DENIED DECEMBER 16, 1992. JOHNSON, Judge. American General Finance, Inc. (“American General”) brought this action against Devin Lamplighter, Ltd. and its general partners (“the defendants”) seeking recovery on a promissory note secured […]

193 S.E.2d 203 BARNWELL v. THE STATE. 47531.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 7, 1972. DECIDED SEPTEMBER 19, 1972. REHEARING DENIED OCTOBER 17, 1972. STOLZ, Judge. The appellant and his brother, Major Barnwell, were tried and convicted of aggravated assault and motor vehicle theft. The appeal is from the judgment overruling the motion for new […]

366 S.E.2d 223 BEHAR v. AERO MED INTERNATIONAL, INC. 75721.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1988. BIRDSONG, Chief Judge. This is an interlocutory appeal from an order of the State Court of Chatham County denying appellant’s motion to dismiss on the grounds of lack of personal jurisdiction of appellant Held: 1. In this […]

295 S.E.2d 539 RUSSELL v. THE STATE. 64411.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1982. REHEARING DENIED OCTOBER 4, 1982. BIRDSONG, Judge. Bobby Lee Russell was convicted of burglary and sentenced to serve four years. He brings this appeal enumerating three alleged errors. Held: The facts show that on April 12, 1981, police officers […]

207 S.E.2d 570 WALKER v. JOANNA M. KNOX ASSOCIATES, INC. 49204.Court of Appeals of Georgia.ARGUED APRIL 4, 1974. DECIDED MAY 10, 1974. REHEARING DENIED MAY 29, 1974. EVANS, Judge. On October 31, 1971, a preliminary contract was executed by Joanna M. Knox, on the one part, and Exum Walker, as Exum Walker, M. D., P. […]

446 S.E.2d 762 SALMON v. PEARSON ASSOCIATES, INC. A94A0138.Court of Appeals of Georgia. DECIDED JULY 1, 1994. RECONSIDERATION DENIED JULY 15, 1994. BEASLEY, Presiding Judge. This case comes to us on the grant of defendant’s motion for summary judgment. In such a posture, as on consideration of the motion initially, “[t]he party opposing the motion […]

335 S.E.2d 698 GIBSON v. CITY OF MARIETTA. 71167.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1985. REHEARING DENIED OCTOBER 7, 1985. BANKE, Chief Judge. This is an appeal from an order dismissing the appellant’s petition to superior court for a writ of certiorari to review a decision of the Municipal Court of Marietta. As […]

366 S.E.2d 232 CARROLL v. THE STATE. 75712.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1988. BANKE, Presiding Judge. Carroll appeals from the denial of his motion for new trial following his conviction of burglary. The victim, Elbert Sweeten, operated a used car business out of a Page 858 mobile home which also served as […]

151 S.E.2d 916 SOUTHERN NITROGEN COMPANY v. STEVENS SHIPPING COMPANY. 42243.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1966. DECIDED OCTOBER 14, 1966. REHEARING DENIED NOVEMBER 9, 1966. 1. In order to recover, a party seeking indemnity from another must allege and prove an actual legal liability to the injured party to whom payment was made. […]

484 S.E.2d 507 THE STATE v. NICHOLS. A96A2213.Court of Appeals of Georgia. DECIDED MARCH 4, 1997— RECONSIDERATION DENIED MARCH 20, 1997 — CERT. APPLIED FOR. POPE, Presiding Judge. Defendant William Keith Nichols was arrested in his father’s home, and was subsequently charged with driving under the influence; driving with a suspended license; driving with an […]

89 S.E.2d 832 LEDMAN v. CALVERT IRON WORKS, INC. 35863.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1955. This action, predicated on Code § 105-108, which provides in substance that every person (including corporations) is liable for torts committed by his servant within the scope of his business, whether the same shall be by negligence […]

367 S.E.2d 255 KEITH v. THE STATE. 75771.Court of Appeals of Georgia. DECIDED MARCH 8, 1988. BEASLEY, Judge. Keith appeals his conviction and sentence for armed robbery, OCGA § 16-8-41, and the denial of his motion for new trial. 1. The first question is whether the trial court erred in failing to order a new […]

423 S.E.2d 398 ADDLEY et al. v. BEIZER et al. A92A0803.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1992. RECONSIDERATION DENIED OCTOBER 6, 1992. BIRDSONG, Presiding Judge. Appellants Bill Strange and Rick Addley, respectively president and secretary of Pure Sports, Inc. (PSI), appeal from a jury verdict and judgment holding them liable for a $30,000 […]

429 S.E.2d 95 CARR v. CARR. A92A1978.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1993. RECONSIDERATION DENIED MARCH 5, 1993. ANDREWS, Judge. We granted the application for appeal in this child custody matter to determine the validity of the trial court’s order granting summary judgment. The parties here, Pitts and Virginia Carr, were divorced by […]

378 S.E.2d 886 WILLIAMS v. THE STATE. 77196.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1989. REHEARING DENIED FEBRUARY 20, 1989. McMURRAY, Presiding Judge. Defendant appeals his conviction of the offense of driving under the influence of alcohol (OCGA § 40-6-391 (a) (1)). Held: 1. The offense of which defendant was convicted was committed on […]

519 S.E.2d 307 ROWE v. COFFEE COUNTY. A97A2191.Court of Appeals of Georgia. DECIDED: JULY 15, 1999. BARNES, Judge. In Coffey v. Brooks County, 231 Ga. App. 886 (1) (500 S.E.2d 341) (1998), we affirmed the trial court’s grant of summary judgment to all defendants except Rowe. After granting certiorari, the Supreme Court reversed our judgment […]

478 S.E.2d 416 BURK v. THE STATE. A96A2310.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1996. BEASLEY, Chief Judge. This is an out-of-time appeal by Burk from his convictions of three counts of obstruction of an officer (OCGA § 16-10-24) and one count of reckless endangerment (OCGA § 16-5-60 (b)). The evidence showed that following […]

706 S.E.2d 720 THE STATE v. GREEN. No. A10A1673.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 2011. PHIPPS, Presiding Judge. The state appeals from the trial court’s order vacating Charlton Green’s ten-year-old sodomy conviction. Because Green was not entitled to such relief, we reverse. When a question of law is at issue, as here, we […]

323 S.E.2d 620 MORGAN v. STATE OF GEORGIA. 68951.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1984. REHEARING DENIED OCTOBER 15, 1984. DEEN, Presiding Judge. The State filed a libel for condemnation petition for forfeiture of a DC-3 airplane, a truck, a trailer and the contents of the vehicles. Robert Morgan, who was named as […]

654 S.E.2d 393 NOTE PURCHASE COMPANY OF GEORGIA, LLC v. BRENDALEE STRICKLAND REALTY, INC. No. A07A1217.Court of Appeals of Georgia. DECIDED OCTOBER 23, 2007. RECONSIDERATION DENIED NOVEMBER 28, 2007. MIKELL, Judge. We granted this discretionary appeal to review the order awarding $6,732.50 in attorney fees to Brenda Lee Strickland Realty, Inc. (“Strickland”), in an action […]

476 S.E.2d 78 CALGATI CHEMICAL COMPANY, LTD. v. WEILAND. A96A1728.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1996. BEASLEY, Chief Judge. Egle Gatins Weiland sued her brother, Martin Gatins, and the company of which he was president, Calgati Chemical Company, Ltd., to recover $10,000 allegedly owed on a promissory note. Calgati is a Georgia corporation. […]

103 S.E.2d 438 ST. PAUL-MERCURY INDEMNITY COMPANY et al. v. FLETCHER. 37072.Court of Appeals of Georgia. DECIDED MARCH 18, 1958. REHEARING DENIED APRIL 3, 1958. NICHOLS, Judge. 1. Where an award of the State Board of Workmen’s Compensation is supported by any evidence, no error of law appearing, it must be affirmed on appeal. Bituminous […]

636 S.E.2d 770 LOPEZ v. THE STATE. No. A06A1581.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 2006. ANDREWS, Presiding Judge. Antonio Lopez, convicted by a jury of trafficking in methamphetamine, possession of methamphetamine with the intent to distribute, conspiracy to traffic in methamphetamine, and possession of methamphetamine,[1] appeals from the trial court’s denial of his […]

549 S.E.2d 771 THE STATE v. GUNTER. A01A0872.Court of Appeals of Georgia. DECIDED: JUNE 1, 2001. JOHNSON, Presiding Judge. Stanley Gunter was charged with possession of methamphetamine with intent to distribute. The trial court granted Gunter’s motion to suppress evidence seized during a search of his person. The state appeals from that ruling. We affirm. […]

619 S.E.2d 713 GENERAL MOTORS ACCEPTANCE CORPORATION v. STATE OF GEORGIA. A04A0573.Court of Appeals of Georgia. DECIDED AUGUST 3, 2005. BLACKBURN, Presiding Judge. In Gen. Motors Acceptance Corp. v. State of Ga.,[1] the Supreme Court reversed the judgment of this Court in Gen. Motors Acceptance Corp. v. State of Ga.[2] Therefore, we vacate our earlier […]

148 S.E.2d 662 AVERA v. G. A. C. FINANCE CORPORATION NO. 1. 41958.Court of Appeals of Georgia.SUBMITTED APRIL 6, 1966. DECIDED APRIL 20, 1966. FRANKUM, Judge. The appeal in this case is from a judgment based upon the verdict of a jury. There is no transcript of the evidence in the record, and on the […]

606 S.E.2d 673 JONES v. CHATHAM COUNTY BOARD OF TAX ASSESSORS. A04A1750.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 2004. RUFFIN, Presiding Judge. Dissatisfied with the Chatham County Board of Tax Assessors’ 2002 ad valorem tax appraisal of his real property, Charles Jones appealed the valuation to the Board of Equalization. Like the Board of […]

145 S.E.2d 624 FOSTER v. THERRELL. 41565.Court of Appeals of Georgia.ARGUED OCTOBER 5, 1965. DECIDED OCTOBER 25, 1965. PANNELL, Judge. 1. This case is controlled by the decision in King v. Skinner, 101 Ga. App. 102 (1, 2) (112 S.E.2d 789) and the rulings therein made that the failure of the movant, in a motion […]

363 S.E.2d 360 MILITARY CIRCLE PET CENTER NO. 94, INC. et al. v. THE STATE. 73494.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1987. SOGNIER, Judge. By opinion dated September 10, 1987, 257 Ga. 388 (360 S.E.2d 248) (1987), the Supreme Court of Georgia reversed Division 1 (d) of this court’s opinion in the above […]

660 S.E.2d 858 GOLD CREEK SL, LLC v. CITY OF DAWSONVILLE. No. A07A1951.Court of Appeals of Georgia. DECIDED APRIL 8, 2008. BERNES, Judge. The City of Dawsonville filed this lawsuit seeking specific performance of an agreement requiring Gold Creek SL, LLC to convey land and easement rights to the City for development of a wastewater […]

229 S.E.2d 132 ROGERS v. THE STATE. 52549.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 7, 1976. DECIDED SEPTEMBER 28, 1976. MARSHALL, Judge. Appellant was convicted of criminal use of an article with an altered identification mark (Ga. L. 1974, p. 434 (Code Ann. § 26-1506)), and sentenced to confinement for five years (30 days in a […]

152 S.E.2d 909 JENKINS v. TASTEE-FREEZ OF GEORGIA, INC. 42185.Court of Appeals of Georgia.ARGUED JULY 5, 1966. DECIDED DECEMBER 5, 1966. REHEARING DENIED DECEMBER 20, 1966. 1. Grounds of special demurrer to the petition must be renewed or expressly insisted on after the petition has been amended in a material respect if they are to […]

550 S.E.2d 750 BULLOCH SOUTH, INC. d/b/a RED CARPET INN, et al. v. GOSAI et al. A01A0591.Court of Appeals of Georgia. DECIDED: JUNE 22, 2001 RUFFIN, Judge. Hitendrakumar Gosai and Dipti Gosai entered a series of contracts with Bulloch South, Inc. d/b/a Red Carpet Inn for the purchase of a hotel. The purchase fell through, […]

512 S.E.2d 392 DENT et al. v. CANDLER HOSPITAL, INC. A98A2203.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1999. BARNES, Judge. Ruth Dent, individually, and Kim Birge, as executrix of the Estate of William Dent, sued Candler Hospital, Inc. for wrongful death and medical malpractice. After a three-day trial, the jury returned a verdict in […]

402 S.E.2d 83 IN THE INTEREST OF H. T., a child. A90A2141.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1991. BIRDSONG, Presiding Judge. Casey Holloway appeals the termination of his parental rights of the child H. T. Appellant contends the trial court erred in issuing a finding only that the child was deprived and that […]

536 S.E.2d 769 KILBURN v. YOUNG. A00A0255.Court of Appeals of Georgia. DECIDED: JUNE 30, 2000 RUFFIN, Judge. Galen Kilburn, the majority stockholder of Kilburn-Young Asset Management Corp. (KYAMC), filed a derivative action on behalf of the corporation against Robert Young, alleging among other things that Young misappropriated corporate funds for his own benefit while serving […]

319 S.E.2d 465 J. B. v. STATE OF GEORGIA. 68297.Court of Appeals of Georgia. DECIDED JUNE 6, 1984. REHEARING DENIED JUNE 27, 1984. BIRDSONG, Judge. J. B., a 15-year-old, was found guilty at a delinquency hearing of the crime of rape. He was sentenced to five years restrictive custody. J. B. brings this appeal enumerating […]

65 S.E.2d 278 KEY v. THE STATE. 33382.Court of Appeals of Georgia. DECIDED MAY 11, 1951. 1. A plea of nolo contender is deemed and held to be jeopardy of the defendant within the meaning of Article I, Section I, Paragraph VIII of the Constitution of the State of Georgia ( § 2-108) after sentence […]

94 S.E.2d 98 ISEN COMPANY, INC. v. WISE. 36217.Court of Appeals of Georgia. DECIDED JULY 5, 1956. REHEARING DENIED JULY 24, 1956. The trial judge did not err in denying the motion for new trial. DECIDED JULY 5, 1956 — REHEARING DENIED JULY 24, 1956. Damages. Before Judge Parker. Fulton Civil Court. March 22, 1956. […]

263 S.E.2d 483 GREENE v. FIRST LEASE, INC. 58543.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1979. DECIDED NOVEMBER 19, 1979. REHEARING DENIED NOVEMBER 30, 1979. SHULMAN, Judge. Defendant appeals the denial of his motion to set aside a default judgment, which motion was based on defendant’s contention that due to legally deficient service of process, […]

50 S.E.2d 773 DOVE v. THE STATE. 32197.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1948. REHEARING DENIED DECEMBER 16, 1948. MacINTYRE, P. J. 1. The court instructed the jury in part as follows: “In this case, Henry Dove is charged with the offense of misdemeanor, for that the said accused on the 20th day […]