Category: Georgia Court of Appeals Opinions

236 S.E.2d 519 PHILLIPS v. THE STATE. 53831.Court of Appeals of Georgia.SUBMITTED MAY 9, 1977. DECIDED MAY 26, 1977. REHEARING DENIED JUNE 20, 1977. QUILLIAN, Presiding Judge. The defendant appeals his conviction for burglary. Held: 1. The first enumeration of error complains of the failure to charge Code § 38-414 regarding a confession by a […]

342 S.E.2d 737 WESTBERRY v. THE STATE. 71459.Court of Appeals of Georgia. DECIDED MARCH 11, 1986. BENHAM, Judge. Appellant was convicted of trafficking in marijuana (OCGA §16-13-31 (c)). Finding no merit in the enumerations he raises on appeal, we affirm the judgment of conviction. 1. Appellant first claims that his conviction was based on his […]

523 S.E.2d 33 HOLLAND v. THE STATE. A99A1619.Court of Appeals of Georgia. DECIDED: SEPTEMBER 28, 1999. BLACKBURN, Presiding Judge. Paul M. Holland appeals his convictions, following a jury trial, for homicide by vehicle in the second degree (OCGA §40-6-393(b)) and improper backing (OCGA § 40-6-240), contending that the trial court erred by: (1) denying his […]

657 S.E.2d 282 HARGROVE v. THE STATE. No. A07A1893.Court of Appeals of Georgia. DECIDED JANUARY 29, 2008. MIKELL, Judge. John A. Hargrove was convicted of four counts of aggravated child molestation and three counts of child molestation based on evidence that he engaged in vaginal and anal intercourse with his daughter from 1999, when she […]

497 S.E.2d 640 DUNLAP v. THE STATE. A98A0471.Court of Appeals of Georgia. DECIDED MARCH 10, 1998. BLACKBURN, Judge. Tommy Lee Dunlap appeals the trial court’s denial of his motion to vacate void sentence. On March 27, 1992, Dunlap pled guilty to theft by taking and was sentenced to ten years imprisonment which was suspended upon […]

417 S.E.2d 703 OWENS-ILLINOIS, INC. v. CHAMPION. A91A2207.Court of Appeals of Georgia. DECIDED MARCH 18, 1992. RECONSIDERATION DENIED APRIL 2, 1992. BEASLEY, Judge. In this workers’ compensation case, we granted the application of the employer and self-insurer for discretionary appeal in order to decide whether the superior court erred in holding them liable for an […]

318 S.E.2d 751 IN RE J. L. W. 67804.Court of Appeals of Georgia. DECIDED MAY 14, 1984. CARLEY, Judge. Appellant’s parental rights in his eight-year-old daughter were terminated by the juvenile court. Appellant appeals, contending that the evidence was insufficient to support the order of termination. “An order terminating parental rights must contain explicit findings […]

282 S.E.2d 711 PAYNE v. SOUTHERN GUARANTY INSURANCE COMPANY. 61360.Court of Appeals of Georgia. DECIDED JUNE 25, 1981. POPE, Judge. Southern Guaranty sought a declaratory judgment as to its liability under no-fault liability and provisions of a contract of insurance issued by it to Donald A. Riddle. The undisputed facts giving rise to the claim […]

596 S.E.2d 191 PEREZ et al. v. THE STATE. A04A0763.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 2004. RECONSIDERATION DENIED MARCH 4, 2004. ANDREWS, Presiding Judge. Michael L. Perez and Benjamin B. Hodges were indicted on one count each of aggravated sodomy and two counts each of aggravated sexual battery. During jury deliberations in their […]

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 […]

611 S.E.2d 123 TIDWELL v. BASSETT. A04A0438.Court of Appeals of Georgia. DECIDED MARCH 3, 2005. SMITH, Presiding Judge. This case was transferred to this court by the Georgia Supreme Court.[1] The appeal arises out of the dissolution of a medical practice; the action was brought by Wilbur B. Bassett, Jr. against Thomas Jackson Tidwell. Following […]

441 S.E.2d 487 SMITH v. HOLEMAN et al.; and vice versa. A93A1815, A93A1816.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1994. BIRDSONG, Presiding Judge. Mary Marlene Smith sued Clarence Holeman, The Varsity Drive-In of Georgia, Inc. and the City of Athens for damages for illegal arrest, malicious (“retaliatory”) prosecution, false imprisonment, assault and battery, intentional […]

662 S.E.2d 810 WILLIAMS v. HUNTER. No. A08A0517.Court of Appeals of Georgia. DECIDED MAY 30, 2008. MIKELL, Judge. Linda S. Williams appeals the order dismissing her renewed personal injury action, filed in Paulding County (the “Paulding action”) against Theresa J. Hunter a/k/a Theresa J. Andrews (“Hunter”). We affirm. The record shows that Williams initially filed […]

334 S.E.2d 350 VERRE v. ALLEN. 70296.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1985. CARLEY, Judge. Appellant-plaintiff appeals from the grant of summary judgment in favor of appellee-defendant. Appellee is a dentist specializing in oral surgery. In March of 1976, appellee extracted appellant’s wisdom teeth. Following this surgery, appellant experienced numbness of the tongue, […]

351 S.E.2d 488 FELTON v. THE STATE. 73383.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1986. REHEARING DENIED DECEMBER 5, 1986. BANKE, Chief Judge. The defendant was indicted for two separate armed robberies which allegedly took place at the same bank but almost a year apart. Several eyewitnesses positively identified the defendant as the perpetrator, […]

227 S.E.2d 409 ARMSTRONG v. LAWYERS TITLE INSURANCE CORPORATION. 52050.Court of Appeals of Georgia.ARGUED APRIL 8, 1976. DECIDED APRIL 27, 1976. REHEARING DENIED MAY 21, 1976. EVANS, Judge. This is a case in which the lower court granted a summary judgment for defendant and the plaintiff appeals. Raymond Armstrong, plaintiff, purchased certain real estate under […]

31 S.E.2d 127 NICHOLS v. PEARL ASSURANCE COMPANY LIMITED. 30460.Court of Appeals of Georgia. DECIDED JUNE 14, 1944. REHEARING DENIED JULY 14, 1944. PARKER, J. 1. A requirement in a policy of fire insurance, that the insured shall submit to an examination under oath touching the matters relating to the risk assumed by the company […]

653 S.E.2d 750 THE STATE v. STAFFORD et al. No. A07A1396.Court of Appeals of Georgia. DECIDED AUGUST 20, 2007. RECONSIDERATION DENIED NOVEMBER 8, 2007. JOHNSON, Presiding Judge. The State appeals the trial court’s order granting Jeffery Stafford’s and Jeffrey Doyle’s motion to suppress evidence seized in a traffic stop during which an officer, after arresting […]

708 S.E.2d 32 WILLIAMS v. THE STATE. No. A10A1959.Court of Appeals of Georgia. DECIDED MARCH 16, 2011. BARNES, Presiding Judge. Ronnie Lee Williams appeals from the denial of his motion for new trial following his convictions for trafficking in cocaine, possession of cocaine with intent to distribute, possession of methamphetamine, and possession of a firearm […]

404 S.E.2d 305 SPICEWOOD, INC. et al. v. DYKES PAVING CONSTRUCTION COMPANY, INC. CHESNUT et al. v. DYKES PAVING CONSTRUCTION COMPANY, INC. A90A2283, A90A2284.Court of Appeals of Georgia. DECIDED MARCH 4, 1991. REHEARING DENIED MARCH 15, 1991. BIRDSONG, Presiding Judge. These appeals arise from an action filed by Dykes Paving Construction Company (hereinafter Dykes) in […]

274 S.E.2d 631 MacGRATH v. HOFFMAN. 60386.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 8, 1980. DECIDED OCTOBER 22, 1980. DEEN, Chief Judge. Barbara MacGrath, individually and as administratrix of the estate of her fifteen year old daughter, brings this appeal from the grant of summary judgment in favor of Barbara Gainey Hoffman, executrix of the estate […]

634 S.E.2d 530 SATTERFIELD et al. v. SOUTHERN REGIONAL HEALTH SYSTEM, INC. No. A06A1120.Court of Appeals of Georgia. DECIDED JULY 24, 2006. BLACKBURN, Presiding Judge. Following the dismissal of their suit against Southern Regional Health System, Inc. (“SRHS”), Janie Satterfield, James Ronnie Nelson and Francis Nelson appeal, contending that the trial court erred in dismissing […]

366 S.E.2d 361 CLARK v. THE STATE. 75286.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1988. REHEARING DENIED FEBRUARY 29, 1988. BENHAM, Judge. After being charged with murder, appellant, accompanied by counsel, pleaded guilty to voluntary manslaughter and received a 20-year Page 107 sentence. This appeal followed the trial court’s denial of appellant’s motion to […]

168 S.E.2d 875 SALERNO v. BOARD OF DENTAL EXAMINERS. 44162.Court of Appeals of Georgia.ARGUED JANUARY 14, 1969. DECIDED MAY 9, 1969. REHEARING DENIED MAY 23, 1969. The evidence before the Board of Dental Examiners was sufficient to authorize the revocation of a license to practice dentistry on a statutory ground. The respondent on appeal to […]

524 S.E.2d 305 STRICKLAND v. THE STATE. A99A2075.Court of Appeals of Georgia. DECIDED: NOVEMBER 1, 1999. BLACKBURN, Presiding Judge. Monte Ray Strickland appeals the trial court’s denial of his motion in limine to suppress all evidence gathered against him in the underlying prosecution for DUI. Strickland contends that the arresting officer did not have probable […]

182 S.E.2d 175 STATE HIGHWAY DEPARTMENT v. PRICE. 45873.Court of Appeals of Georgia.ARGUED JANUARY 12, 1971. DECIDED APRIL 16, 1971. Where the State has specifically condemned access rights to a proposed highway, and when the highway will result in a loss of access to a part of the condemnee’s land, a charge which designated the […]

81 S.E.2d 488 SOUTHERN GAS CORPORATION v. COWAN. BOWMAN v. COWAN. 34974, 34975.Court of Appeals of Georgia. DECIDED MARCH 17, 1954. REHEARING DENIED MARCH 31, 1954. 1. The evidence authorized the findings that the defendant Bowman, at the time of the collision, was an employee of the defendant Southern Gas Corporation, and was within the […]

47 S.E.2d 917 CAMP REALTY COMPANY INC. v. JENNINGS. 31995.Court of Appeals of Georgia. DECIDED MAY 22, 1948. 1. Where in an action for fraud and deceit for concealment it is not alleged that the defendant concealed the truth, knowing or believing that the concealment would cause the plaintiff to act to his injury, and […]

315 S.E.2d 6 DAVIS v. STEWART. 67332.Court of Appeals of Georgia. DECIDED JANUARY 4, 1984. REHEARING DENIED FEBRUARY 3, 1984. QUILLIAN, Presiding Judge. Plaintiff-appellant Davis appeals the verdict and judgment in favor of defendant-appellee Stewart in an action for personal injury and property damage arising from a collision between their automobiles. Held: 1. The general […]

395 S.E.2d 25 LANDOR CONDOMINIUM CONSULTANTS, INC. et al. v. COLONY PLACE CONDOMINIUM ASSOCIATION, INC. A90A0435.Court of Appeals of Georgia. DECIDED MAY 17, 1990. REHEARING DENIED JUNE 6, 1990. SOGNIER, Judge. Colony Place Condominium Association, Inc. (the association) brought suit against Landor Condominium Consultants, Inc., its former management company, and Doris B. Harrison and D. […]

184 S.E.2d 519 JACKSON v. THE STATE. 46501.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 17, 1971. DECIDED OCTOBER 5, 1971. EBERHARDT, Judge. This appeal was docketed here June 23, 1971. The enumerations of error, forwarded to this court by registered Page 545 mail, were postmarked July 14, 1971, and received July 15, 1971. Under Rule 15 […]

610 S.E.2d 126 DAILEY v. THE STATE. A04A2018.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 2005. SMITH, Presiding Judge. Michael Dailey was charged by indictment with two counts of armed robbery stemming from two hotel robberies.[1] The jury found him guilty on one count of armed robbery and acquitted him on the other charge. After […]

315 S.E.2d 451 MORRIS v. FIDELITY CASUALTY COMPANY OF NEW YORK. 67739.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1984. REHEARING DENIED FEBRUARY 20, 1984. BANKE, Judge. Appellant Morris applied for automobile insurance through Marion C. Cook, doing business as Cook Associates, an independent Page 884 insurance broker. The application was on a standard form […]

676 S.E.2d 257 MOORE v. THE STATE. No. A09A0723.Court of Appeals of Georgia. DECIDED MARCH 19, 2009. MIKELL, Judge. A Douglas County jury convicted Damian Moore of robbery, arising from his participation in the robbery of a Wachovia Bank with his brother Bernard Sutton and Sutton’s friend, Shan Jason Moltke. On appeal from the denial […]

13 S.E.2d 195 EASTERN MOTOR CO. v. COMMERCIAL CREDIT CO. 28715.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 1941. Under the law and the facts, the court did not err in directing the verdict for the plaintiff, and consequently did not err in overruling the defendant’s motion for new trial. DECIDED FEBRUARY 8, 1941. Complaint; […]

283 S.E.2d 43 MOTES v. THE STATE. 61617.Court of Appeals of Georgia. DECIDED JUNE 24, 1981. REHEARING DENIED JULY 13, 1981. McMURRAY, Presiding Judge. Defendant was charged by accusation with the offense of criminal trespass in that on March 24, 1980, he “did knowingly and without authority enter upon the premises of Family Mart Store […]

132 S.E.2d 573 TERRY v. CENTRAL OF GEORGIA RAILWAY COMPANY. 40133.Court of Appeals of Georgia. DECIDED JULY 15, 1963. 1. (a) Where separate and independent acts of negligence of several combine naturally and directly to produce a single injury, even though voluntary or intentional concert is lacking, the tortfeasors may be sued jointly, despite the […]

303 S.E.2d 151 PITTS v. THE STATE. 65354.Court of Appeals of Georgia. DECIDED MARCH 10, 1983. REHEARING DENIED MARCH 29, 1983. SHULMAN, Chief Judge. Appellant and his mother were jointly indicted and tried for and convicted of possession and sale of marijuana and cocaine. 1. Appellant’s first enumeration of error is that the trial court […]

132 S.E.2d 541 NORTHERN FREIGHT LINES, INC. v. SOUTHERN RAILWAY COMPANY. 40156.Court of Appeals of Georgia. DECIDED JUNE 19, 1963. REHEARING DENIED JULY 11, 1963. HALL, Judge. The plaintiff sued the defendant railroad for damages to its tractor-trailer which occurred when the defendant’s train hit the rear of the trailer which was on the track […]

49 S.E.2d 918 ABBOT INVESTMENT COMPANY v. JEFFERSON COUNTY. 32151.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1948. The evidence as to the construction and maintenance of the bridge, and as to whether or not the bridge had a load-limit sign or signs thereon, as provided by the Code, § 95-1723, made issues of fact […]

415 S.E.2d 711 CANTRELL v. ALLSTATE INSURANCE COMPANY. A91A2006.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1992. SOGNIER, Chief Judge. Allstate Insurance Company brought a declaratory judgment action to determine its obligations to its insured Lloyd Cantrell concerning a separate lawsuit previously filed by others against Cantrell. Allstate prevailed on its motion for summary judgment, […]

55 S.E.2d 743 HAMBY v. EDMUNDS MOTOR COMPANY. 32694.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1949. Where the injuries alleged appear to have resulted entirely from fright or shock, unaccompanied by physical contact, in order to set forth a cause of action it is necessary to show either (1) that the injuries were the […]

45 S.E.2d 459 LIBERTY MUTUAL INSURANCE CO. et al. v. THROWER. 31826.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1947. 1. An award of compensation by the Board of Workmen’s Compensation to a claimant who has several times been requested to report to the doctor of the employer for examination, and has failed to do […]

183 S.E.2d 42 MEYERS v. STATE OF GEORGIA. 46248.Court of Appeals of Georgia.ARGUED JUNE 4, 1971. DECIDED JUNE 30, 1971. 1. On the issue of whether a parent is to be deprived of the custody of a child because of an alleged abandonment, the facts are to be construed against abandonment. 2. Under a proper […]

182 S.E.2d 484 CITIES SERVICE OIL COMPANY v. CRONAN. 45967.Court of Appeals of Georgia.SUBMITTED FEBRUARY 3, 1971. DECIDED MAY 18, 1971. HALL, Presiding Judge. In an action on an account brought in the Civil Court of Fulton County, plaintiff appeals from the denial of its motion to dismiss the defendant’s counterclaim. The court certified the […]

571 S.E.2d 192 LOCKETT v. THE STATE. A02A1255.Court of Appeals of Georgia. Decided September 17, 2002. ELLINGTON, Judge. On January 6, 2000, Monroe County officers arrested Marion Lockett after the tractor trailer he was driving turned over. A breath test showed a blood alcohol level of 0.073 grams. After a bench trial, the Probate Court[1] […]

581 S.E.2d 398 BERRELL v. HAMILTON et al. A03A0556.Court of Appeals of Georgia. Decided April 15, 2003. Adams, Judge. After losing the sight in his right eye as the result of an infection, Lawrence Berrell sued Stephen M. Hamilton, M.D. and Eye Consultants of Atlanta, P.C. for medical malpractice. In a highly detailed and well-reasoned […]

498 S.E.2d 764 DEBARDELABEN v. SHOWBIZ PIZZA TIME, INC. A98A0075.Court of Appeals of Georgia. DECIDED MARCH 12, 1998. BLACKBURN, Judge. Viola Debardelaben appeals the trial court’s grant of summary judgment to defendant Showbiz Pizza Time, Inc. (Showbiz) in the underlying slip and fall case. Debardelaben contends that the trial court erred in determining that Showbiz […]

119 S.E.2d 77 KING v. THE STATE (two cases). 38648, 38718.Court of Appeals of Georgia. DECIDED MARCH 7, 1961. 1. After conviction, an indictment or accusation will be construed most strongly in favor of the State where there was no timely demurrer or motion to quash, and, unless it is absolutely void, the judgment will […]

581 S.E.2d 707 BENSON v. McMILLAN et al. A03A0241.Court of Appeals of Georgia. Decided April 30, 2003 ADAMS, Judge. Nora Benson appeals a judgment entered after a bench trial. Benson contends that the trial court erred in finding her liable for damages to her former employer and by deciding her claim on a promissory note […]

384 S.E.2d 216 NUNLEY CONTRACTING COMPANY, INC. v. FOUR TAYLORS, INC. A89A0664.Court of Appeals of Georgia. DECIDED JUNE 23, 1989. REHEARING DENIED JULY 12, 1989. BENHAM, Judge. Appellee is the fee owner of real property. The property is leased to Markan Villa, Inc. (Markan). Appellant was a subcontractor on a Page 254 construction project undertaken […]

635 S.E.2d 882 McCONNELL v. THE STATE. No. A06A1863.Court of Appeals of Georgia. DECIDED AUGUST 25, 2006. BLACKBURN, Presiding Judge. Having been convicted in 2001 of two counts of burglary, five counts of financial transaction card theft, and two counts of theft by receiving stolen property, Mickey McConnell, pro se, directly appeals the trial court’s […]

663 S.E.2d 266 LEAGUE v. CITIBANK (SOUTH DAKOTA). No. A08A0601.Court of Appeals of Georgia. DECIDED MAY 19, 2008. RECONSIDERATION DENIED JUNE 11, 2008. PHIPPS, Judge. Appearing pro se, Joseph League appeals from a grant of summary judgment to Citibank (South Dakota) concerning his indebtedness under a credit card agreement. League argues that he should be […]

242 S.E.2d 330 MILLER v. THE STATE. 55162.Court of Appeals of Georgia.SUBMITTED JANUARY 12, 1978. DECIDED FEBRUARY 1, 1978. WEBB, Judge. This man convicted of burglary insists on his appeal that there was no evidence of his entry into the burgled dwelling, and that there was a fatal variance between the allegata and the probata. […]

238 S.E.2d 262 MAUGHAN v. TURNER COMMUNICATIONS CORPORATION. 54140.Court of Appeals of Georgia.ARGUED JULY 6, 1977. DECIDED SEPTEMBER 15, 1977. BIRDSONG, Judge. Appellee Turner Communications Corporation (“Turner”) brought suit against John F. Maughan, d/b/a Marcon Advertising (“Maughan”) and Environmental Homes, Inc. (“Environmental”), alleging that Maughan and Environmental were jointly and severally liable to Turner for […]

16 S.E.2d 186 GRIFFIN v. TAYLOR. 28866.Court of Appeals of Georgia. DECIDED JULY 16, 1941. 1. The net loss sustained by the grower on crops under which worthless fertilizer is used is not recoverable by the grower from the seller of such fertilizer as damages on account of the sale thereof. 2. A seller of […]

409 S.E.2d 74 SWANSON v. DEPARTMENT OF TRANSPORTATION. A91A0070.Court of Appeals of Georgia. DECIDED JULY 8, 1991. RECONSIDERATION DENIED JULY 23, 1991. POPE, Judge. This is the second appearance of this case before this court. In 1983, the Georgia Department of Transportation filed a declaration of taking of 801 acre of land owned by appellant/condemnee […]

444 S.E.2d 392 SULLIVAN v. THE STATE. A94A0751.Court of Appeals of Georgia. DECIDED MAY 26, 1994. POPE, Chief Judge. Defendant Lloyd Sullivan was jointly tried with Malcolm Freeman and Torri McKissick. He was convicted of burglary and arson in the first degree and appeals his convictions. 1. Defendant, who presented no evidence at trial, contends […]

675 S.E.2d 241 SIMS v. THE STATE. No. A08A2206.Court of Appeals of Georgia. DECIDED MARCH 5, 2009. DOYLE, Judge. Following a jury trial, Timothy L. Sims appeals his conviction for committing aggravated assault on a peace officer, [1] fleeing or attempting to elude a police officer, [2] and driving without a license.[3] Sims asserts as […]

127 S.E.2d 866 BROYLES v. JOHNSON. 39611.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1962. REHEARING DENIED OCTOBER 1, 1962. The plaintiff’s petition failed to set forth a cause of action against the defendant and the trial court did not err in sustaining the defendant’s general demurrers and dismissing the petition. DECIDED SEPTEMBER 5, 1962 […]

620 S.E.2d 499 AARON v. THE STATE. A05A1238.Court of Appeals of Georgia. DECIDED AUGUST 30, 2005. MILLER, Judge. Following a jury trial, Jonathan Issac Aaron was found guilty on one count of aggravated sexual battery and four counts of child molestation based on various incidents involving his three nieces. On appeal he contends that (1) […]

316 S.E.2d 845 ABNEY v. THE STATE. 67030.Court of Appeals of Georgia. DECIDED MARCH 13, 1984. POPE, Judge. On January 4, 1982 appellant entered a plea of guilty to four counts of forgery. He was sentenced to six years on each count to run concurrently, but to be served on probation. Additionally, he was fined […]

441 S.E.2d 288 ALCOVY PROPERTIES, INC. et al. v. MTW INVESTMENT COMPANY. A93A1721.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1994. JOHNSON, Judge. MTW Investment Company filed a complaint and notice of lis pendens seeking, inter alia, the cancellation of deeds conveying real property to Alcovy Properties, Inc., and Trustees of Lassiter Properties, Inc. Pension […]

516 S.E.2d 350 FURGERSON et al. v. CAMBRIDGE MUTUAL FIRE INSURANCE COMPANY. A99A0122.Court of Appeals of Georgia. DECIDED: APRIL 13, 1999 BANKE, Judge. Cambridge Mutual Fire Insurance Company (“Cambridge”) filed a declaratory judgment action to ascertain whether it was obligated to defend or to provide coverage to Jodi Dover or Larry Dover under the terms […]

377 S.E.2d 897 MOORE v. THE STATE. 77120.Court of Appeals of Georgia. DECIDED JANUARY 10, 1989. CARLEY, Chief Judge. Appellant was tried before a jury and found guilty of burglary. He appeals from the judgment of conviction and sentence entered on Page 811 the jury’s verdict. Appellant enumerates the general grounds, urging that the evidence […]

278 S.E.2d 460 PENNEY v. THE STATE. 60480.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1981. REHEARING DENIED MARCH 4, 1981. POPE, Judge. Ray Michael Penney appeals the revocation of his probation. We affirm. 1. On April 2, 1980 appellant filed a motion to disqualify Judge Asa D. Kelley, Jr., from presiding in this matter. […]

534 S.E.2d 471 WELCH v. THE STATE. A00A0572.Court of Appeals of Georgia. DECIDED: MAY 3, 2000. MILLER, Judge. Convicted of burglary[1] and kidnapping with bodily injury,[2] Willie Welch moved for a new trial on the general grounds and on the ground that he received ineffective assistance of counsel. After two evidentiary hearings, the court denied […]

627 S.E.2d 211 IN THE INTEREST OF P.M.H., a child. A05A1704.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 2006. BERNES, Judge. The Juvenile Court of Ware County adjudicated P.M.H. as delinquent, after finding that P.M.H. violated the Georgia Controlled Page 644 Substances Act by possessing with intent to distribute marijuana and OCGA § 15-11-2 (12) […]

199 S.E.2d 573 DEPARTMENT OF TRANSPORTATION v. LIVADITIS et al. 47881.Court of Appeals of Georgia.ARGUED FEBRUARY 5, 1973. DECIDED JUNE 15, 1973. REHEARING DENIED JULY 12, 1973. 1. This case is considered as being within the jurisdiction of the Court of Appeals under authority of Benton v. State Hwy. Dept., 220 Ga. 674 (141 S.E.2d […]

678 S.E.2d 340 LEE v. PHOEBE PUTNEY MEMORIAL HOSPITAL, INC. et al. No. A09A0982.Court of Appeals of Georgia. DECIDED MAY 5, 2009. BLACKBURN, Presiding Judge. In this medical malpractice action, Spaneasha Lee appeals the grant of summary judgment to Phoebe Putney Memorial Hospital (the “Hospital”) and its employee Shelby Adams. Lee argues that some evidence […]

610 S.E.2d 187 WILKINSON HOMES, INC. v. STEWART TITLE GUARANTY COMPANY. STEWART TITLE GUARANTY COMPANY v. WILKINSON HOMES, INC. et al. A04A1770, A04A1771.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 2005. SMITH, Presiding Judge. When Mark and Patricia Conard bought a house from Wilkinson Homes, Inc., they purchased an owner’s title insurance policy from Stewart […]

707 S.E.2d 135 SMITH v. THE STATE. No. A10A2057.Court of Appeals of Georgia. DECIDED MARCH 3, 2011. PHIPPS, Presiding Judge. After a joint trial, a jury found Douglas Smith and Andrea Sinyard guilty of multiple drug offenses, [1] and Smith guilty of possession of a firearm by a convicted felon. Smith appeals his convictions, asserting […]

111 S.E.2d 773 LEONARD v. FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY. 37736.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1959. REHEARING DENIED OCTOBER 20, 1959. Where the facts alleged in the petition show that the only right the plaintiff has against the defendant is one arising by virtue of a contract of automobile insurance […]

349 S.E.2d 261 McGUIRE et al. v. NORRIS et al. 72432.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1986. BENHAM, Judge. Appellants entered into a contract to purchase real estate and the existing business situated thereon from appellee Floyd who was acting as the executrix of her mother’s estate. Appellee Norris, Floyd’s brother and a […]

261 S.E.2d 420 FRANKS et al. v. REESE. 58207.Court of Appeals of Georgia.SUBMITTED JULY 10, 1979. DECIDED OCTOBER 10, 1979. BIRDSONG, Judge. Suit on a contract. The appellee Reese is a building Page 671 contractor. He entered into a contract with Mr. and Mrs. Franks to improve their home by applying aluminum siding, certain gutters […]

504 S.E.2d 285 PAINTER v. CONTINENTAL INSURANCE COMPANY. A98A0503.Court of Appeals of Georgia. DECIDED JULY 15, 1998. JOHNSON, Presiding Judge. Plaintiff Painter brought an action against a “John Doe” driver for personal injuries and served the complaint on Continental Insurance Company which had provided motor vehicle insurance, including uninsured motorist coverage, for his employer’s vehicle. […]

71 S.E.2d 566 PUTNAM v. SEWELL. 34111.Court of Appeals of Georgia. DECIDED JUNE 17, 1952. 1. Where the superior court on certiorari reverses the court of ordinary and there are material conflicts in the evidence, it is the duty of the superior court to remand the case to the court of ordinary for a new […]

484 S.E.2d 739 APPERSON v. THE STATE. A97A0222.Court of Appeals of Georgia. DECIDED MARCH 17, 1997. RECONSIDERATION DENIED MARCH 31, 1997 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant Apperson appeals his conviction of the offenses of driving under the influence and speeding. Held: 1. Prior to trial, the State served notice of its intent […]

601 S.E.2d 417 SALGADO v. THE STATE. A04A0465.Court of Appeals of Georgia. DECIDED JUNE 18, 2004. MIKELL, Judge. After a jury trial, Israel Mojica Salgado was convicted of trafficking in cocaine and possessing cocaine. Salgado was sentenced to thirty years on the trafficking charge (twenty to serve) and ten years on the possession charge (five […]

228 S.E.2d 201 REEVES v. THE STATE. 52322.Court of Appeals of Georgia.SUBMITTED JUNE 7, 1976. DECIDED JULY 2, 1976. CLARK, Judge. Defendant was indicted on three counts of forgery in the first degree, tried before a jury, and convicted of all counts. He appeals. Held: 1. Several enumerations concern the overruling of defendant’s motion for […]

511 S.E.2d 244 ALBERT v. THE STATE. A98A2171.Court of Appeals of Georgia. DECIDED: JANUARY 28, 1999. RUFFIN, Judge. A Newton County grand jury indicted Eddie Laurence Albert for trafficking in cocaine, possession of a firearm during the commission of a felony, driving under the influence of marijuana and operating a motor vehicle with no proof […]

684 S.E.2d 102 WRIGHT v. THE STATE. No. A09A1573.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 2009. ADAMS, Judge. Joseph Wright and a co-defendant were tried jointly, and each was found guilty of aggravated assault for shooting one victim, aggravated assault for shooting a second victim, aggravated battery regarding the first victim, armed robbery of […]

375 S.E.2d 669 ORR v. THE STATE. 77737.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1988. DEEN, Presiding Judge. Appellant Orr and a co-defendant were found by police officers in a wooded area less than 100 feet from a house where a burglar alarm had sounded only minutes earlier. Nothing appeared to be missing from […]

439 S.E.2d 704 MARTIN v. LAPORTE et al. A93A1362.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1993. RECONSIDERATION DENIED DECEMBER 17, 1993. COOPER, Judge. We granted this discretionary appeal from a superior court order affirming a decision of the Civil Service Board requiring appellant to take a one-year unpaid leave of absence. Appellant was terminated […]

62 S.E.2d 445 HAYES v. TREWHITT. 33242.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1950. REHEARING DENIED DECEMBER 15, 1950. TOWNSEND, J. This is a companion case to that of Hayes v. Simpson, ante, p. 22. While the defendant in error herein was a guest of Simpson son riding in the car with him at […]

629 S.E.2d 11 SUGGS v. HALE. A05A1662.Court of Appeals of Georgia. DECIDED JANUARY 26, 2006. RUFFIN, Chief Judge. Ronald Suggs appeals the trial court’s denial of his motion for summary judgment on Steven Hale’s personal injury claim and his own counterclaim for contribution. We granted Suggs’ application for interlocutory appeal and, for reasons that follow, […]

285 S.E.2d 58 BRANNON ENTERPRISES, INC. v. DEATON. 62031.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1981. BIRDSONG, Judge. Attorney fees. The appellant, Brannon Enterprises, Inc., sold jewelry items to the appellee, Deaton, on open account. Evidence presented by Brannon to the trial court upon an ex parte default judgment hearing indicated that as early […]

432 S.E.2d 827 DOWDY v. THE STATE. A93A0363.Court of Appeals of Georgia. DECIDED JUNE 17, 1993. SMITH, Judge. Gerry Lee Dowdy was tried jointly with a co-defendant and convicted of armed robbery. OCGA § 16-8-41 (a). His motion for new trial was denied. 1. He contends the trial court erred by overruling his objections and […]

160 S.E.2d 535 SMITH v. LIBERTY MUTUAL INSURANCE COMPANY et al. 43307.Court of Appeals of Georgia.SUBMITTED JANUARY 9, 1968. DECIDED FEBRUARY 9, 1968. REHEARING DENIED FEBRUARY 23, 1968. DEEN, Judge. In a workmen’s compensation case payments must be computed under Code Ann. § 114-405 “where the incapacity for work . . . is partial.” The […]

512 S.E.2d 363 WILLIAMS v. THE STATE. A99A0375.Court of Appeals of Georgia. DECIDED: FEBRUARY 15, 1999 — RECONSIDERATION DENIED FEBRUARY 26, 1999 — CERT. APPLIED FOR. JOHNSON, Chief Judge. A jury found Willie Earl Williams guilty of child molestation. He appeals, and we affirm. 1. Williams claims the trial court erred in not allowing him […]

662 S.E.2d 721 ERVIN v. TURNER et al. (two cases).; ERVIN et al. v. TURNER et al.; BROWN v. TURNER et al.; OUTLER v. TURNER et al. Nos. A08A0393, A08A0394; A08A0395; A08A0396; A08A0397.Court of Appeals of Georgia. DECIDED APRIL 7, 2008. RECONSIDERATION DENIED MAY 30, 2008. MIKELL, Judge. Carl G. Fambro, Evaristus Oshiokpekhm, Isaac Eferighe, […]

74 S.E.2d 386 L. R. SAMS COMPANY INCORPORATED v. WATERS. 34374.Court of Appeals of Georgia. DECIDED JANUARY 28, 1953. The evidence showed that the plaintiff in cross-action by the exercise of ordinary care could have prevented the collision which caused his alleged damages, and a verdict in his favor on his cross-action was unauthorized. The […]

607 S.E.2d 247 PICHULIK et al. v. BALL. A04A1483.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 2004. PHIPPS, Judge. The issues in this case are whether a certain easement agreement recorded in August 1983 created reciprocal easement rights in both the grantor and the grantee, whether the grantor’s successors acquired a prescriptive easement, and whether […]

288 S.E.2d 680 POWERS v. THE STATE. 62984.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1982. POPE, Judge. Ellis Earl Powers was convicted of burglary. He contends on appeal that the testimony of his alleged accomplice was not corroborated and that the evidence at trial was insufficient to support a verdict of guilty against him. […]

288 S.E.2d 65 DeLOACH v. FLOYD et al. DeLOACH v. DOWNING et al. 62591, 62724.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1981. REHEARING DENIED DECEMBER 15, 1981. SHULMAN, Presiding Judge. James Holmes, a 12-year-old retarded child in the temporary custody of the Chatham County Department of Family and Children Services, was stabbed in the […]

423 S.E.2d 306 THOMAS v. JOHNSON et al. A92A1042.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1992. ANDREWS, Judge. Johnson et al. sued Thomas for damages allegedly sustained in an automobile accident. Thomas filed an answer preserving the defenses of lack of personal jurisdiction and defective service of process. He moved for summary judgment and […]