Category: Georgia Court of Appeals Opinions

582 S.E.2d 156 ROBINSON et al. v. DEKALB COUNTY et al. A03A0293.Court of Appeals of Georgia. Decided May 6, 2003 ANDREWS, Presiding Judge. Thomas Earl Robinson drowned in a private lake located in DeKalb County while attempting to rescue a fisherman thrown from a capsized boat. Mr. Robinson’s surviving spouse and administrator of his estate, […]

161 S.E.2d 433 BOSSON v. BOSSON. 43268.Court of Appeals of Georgia.ARGUED JANUARY 3, 1968. DECIDED APRIL 12, 1968. WHITMAN, Judge. Where a judgment has been fully satisfied by payment it is axiomatic that an execution based on it is a nullity. Lenett v. Lutz, 215 Ga. 369, 370 (110 S.E.2d 628). In Page 630 such […]

99 S.E.2d 554 COLONIAL LIFE ACCIDENT INSURANCE CO. v. CROOM. 36776.Court of Appeals of Georgia. DECIDED JULY 9, 1957. REHEARING DENIED JULY 23, 1957. Where an insurance policy is so drawn as to require interpretation, and it is fairly susceptible to two different constructions, that interpretation which is most favorable to the insured will be […]

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 […]

587 S.E.2d 326 ROSE v. STATE. A03A2187.Court of Appeals of Georgia. DECIDED: SEPTEMBER 17, 2003 ELDRIDGE, Judge. Edgar Michael Rose, defendant, appeals his conviction for trafficking in marijuana and for attempted trafficking of marijuana on two grounds: 1 ineffective assistance of counsel; and 2 insufficiency of the evidence. Finding no error, we affirm. On December […]

366 S.E.2d 789 BOSCAINO v. THE STATE. 75183.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1988. REHEARING DENIED MARCH 1, 1988. CARLEY, Judge. Appellant was tried before a jury on an indictment which charged him with robbery by use of force. The jury returned a verdict of guilty. Appellant appeals from the judgment of conviction […]

277 S.E.2d 341 BIBLE FARM SERVICE, INC. v. HOUSE HASSON HARDWARE COMPANY. 60993.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1981. DEEN, Presiding Judge. Appellee, a wholesale hardware distributor, filed suit against appellant, a hardware retailer, to recover an alleged $4,140.60 indebtedness due on open account. Appellant responded denying liability for that amount and asserting […]

304 S.E.2d 925 PERTILLO v. FOREST RIDGE LTD. et al. 65900.Court of Appeals of Georgia. DECIDED MAY 6, 1983. QUILLIAN, Presiding Judge. The tenant in this dispossessory proceeding, Shirley Pertillo, appeals from a judgment granting the landlord, Forest Ridge Ltd., possession of the premises and $440. From the record and the trial judge’s findings of […]

21 S.E.2d 663 BABB NOLAN v. HUIET, Commissioner. 29405.Court of Appeals of Georgia. DECIDED JULY 16, 1942. REHEARING DENIED JULY 28, 1942. Real-estate salesmen working under a broker, as provided by the act of this State regulating real-estate brokers, are, under the facts here appearing, employees rendering services for the broker, and fall within the […]

389 S.E.2d 345 ROBINSON-HUMPHREY COMPANY, INC. v. WILLIAMS. A89A1471.Court of Appeals of Georgia. DECIDED NOVEMBER 8, 1989. REHEARING DENIED DECEMBER 14, 1989. BENHAM, Judge. We granted appellant’s application for interlocutory review of the trial court’s denial of appellant’s motion to compel arbitration of the lawsuit appellee filed against appellant. Appellee, after receiving a settlement of […]

433 S.E.2d 433 CARTER et al. v. FULTON-DeKALB COUNTY HOSPITAL AUTHORITY; and vice versa. A93A0713, A93A0943.Court of Appeals of Georgia. DECIDED JULY 12, 1993. COOPER, Judge. Appellants, the administratrix of the decedent’s estate and the surviving child of the decedent, brought an action against appellee, alleging negligent treatment and transport of the decedent following an […]

412 S.E.2d 875 HAMILTON v. DEUTSCHER et al. (two cases). A91A1891, A91A1892.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1991. McMURRAY, Presiding Judge. The father appeals directly in these child custody cases from an order declaring the father and mother unfit and placing the child in the custody of the maternal grandparents and from the […]

534 S.E.2d 582 SOLIS et al. v. LAMB. A00A0168.Court of Appeals of Georgia. DECIDED: MAY 12, 2000. SMITH, Presiding Judge. This case involves the exclusive remedy provision of the Georgia Workers’ Compensation Act, OCGA § 34-9-11(a). We granted interlocutory appeal in this case to consider the trial court’s denial of summary judgment to defendants Santy […]

450 S.E.2d 232 WHITE et al. v. FULTON COUNTY. A93A0287.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1994. RECONSIDERATION DENIED NOVEMBER 10, 1994. BLACKBURN, Judge. In White v. Fulton County, 264 Ga. 393 (444 S.E.2d 734) (1994) the Supreme Court vacated this court’s decision in Fulton County v. Dangerfield, 209 Ga. App. 298 (433 S.E.2d […]

206 S.E.2d 636 THE VECTOR COMPANY, INC. et al. v. STAR ENTERPRISES, INC. 48911.Court of Appeals of Georgia.ARGUED JANUARY 11, 1974. DECIDED APRIL 4, 1974. EBERHARDT, Presiding Judge. The Vector Company, a Tennessee corporation (hereafter Vector) owned a tract of land in Fulton County, Georgia and engaged Torch Construction Company, a corporation of Bibb County, […]

627 S.E.2d 107 MOORE v. THE STATE. A06A0367.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 2006. ADAMS, Judge. A jury found David Lee Moore guilty of committing two counts of aggravated assault and burglary. Moore appeals, contending insufficient evidence supports his convictions and that the trial court should have excused a juror for cause. Finding […]

397 S.E.2d 616 WEST v. SHARPE. A90A0922.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1990. McMURRAY, Presiding Judge. Alton J. West (petitioner) filed a petition in the Probate Court of Jenkins County, Georgia, against Frank Sharpe (respondent), the administrator of the estate of Andrew Sharpe, Sr., seeking full settlement of Andrew Sharpe, Sr.’s estate. The […]

138 S.E.2d 596 WILSON v. ARAGON MILLS et al. 40900.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1964. HALL, Judge. The plaintiff in error filed a claim before the Workmen’s Compensation Board. After hearing, the deputy director made findings of fact and an award based thereon in which the employer was ordered to pay the […]

492 S.E.2d 708 WILLIAMS v. THE STATE. A97A1809.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1997. BIRDSONG, Presiding Judge. Following a bench trial in the State Court of Troup County, Walter Lee Williams was convicted of misdemeanor obstruction of a police officer. Appellant challenges the sufficiency of the evidence to support his conviction. The evidence […]

708 S.E.2d 626 IN THE INTEREST OF R. J. et al., children (two cases). Nos. A10A1857, A10A1858.Court of Appeals of Georgia. DECIDED MARCH 24, 2011. DOYLE, Judge. A Jefferson County Juvenile Court terminated the rights of the biological parents of R. J. and J. G. The court also denied the mother’s motion for new trial. […]

265 S.E.2d 78 WISE v. THE STATE. 59101.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1979. DECIDED JANUARY 24, 1980. QUILLIAN, Presiding Judge. Defendant appeals his conviction for armed robbery. Held: The sole enumeration is that evidence of a subsequent robbery by defendant was erroneously admitted, placing his character in issue. Defendant’s co-defendant’s appeal was decided […]

351 S.E.2d 503 PATTERSON v. THE STATE. 72811.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1986. BEASLEY, Judge. Defendant, charged with simple battery (OCGA § 16-5-23 (a) (2)), public drunkenness (OCGA § 16-11-41 (a)), and obstruction of an officer (OCGA § 16-10-24), appeals from his conviction of battery and public drunkenness on the general grounds. […]

495 S.E.2d 94 SINKFIELD v. OH et al. A97A1215.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1997 — RECONSIDERATION DENIED DECEMBER 18, 1997. Judge HAROLD R. BANKE. Lorrie Marie Sinkfield sued Shi-Han Oh, M.D., and Gerry Farmer, M.D. her treating obstetricians, after she suffered a miscarriage. Sinkfield challenges the summary judgment in favor of the […]

655 S.E.2d 694 SHIRLEY v. ABSHIRE. No. A07A2221.Court of Appeals of Georgia. DECIDED DECEMBER 10, 2007. JOHNSON, Presiding Judge. Curtis Shirley appeals from a superior court order holding him in contempt for failing to comply with a verbal order purporting to modify a child visitation provision. Because the trial court’s finding of contempt was based […]

231 S.E.2d 352 LIBERTY LOAN CORPORATION OF SHOALS v. CHILDS et al. 52300.Court of Appeals of Georgia.SUBMITTED JUNE 8, 1976. DECIDED OCTOBER 14, 1976. REHEARING DENIED NOVEMBER 18, 1976. MARSHALL, Judge. This is an appeal from a directed verdict for Jimmy and Della Childs, defendants below. The case had its inception in a secured promissory […]

427 S.E.2d 74 EDMOND et al. v. ROBERSON. A92A1807.Court of Appeals of Georgia. DECIDED JANUARY 14, 1993. POPE, Chief Judge. This appeal arises from a collision which occurred at the intersection of Midway Road and Memorial Drive in DeKalb County on or about June 14, 1989. At the time of the collision, it was raining […]

507 S.E.2d 542 IN THE INTEREST OF K.L. et al., children. A98A1327.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1998. Judge Harold R. Banke. The natural parents of K.L. (a female born on March 24, 1989), R.L. (a male born on February 28, 1990), K.S. (a female born on July Page 720 24, 1991), and […]

398 S.E.2d 264 SOUTHEAST ATLANTIC CARGO OPERATORS, INC. v. FIRST STATE INSURANCE COMPANY. A90A1174.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1990. REHEARING DENIED OCTOBER 25, 1990. BEASLEY, Judge. Southeast Atlantic Cargo Operators, Inc. (SEACO) appeals the judgment entered for First State Insurance Company which held First State was not obligated to provide “drop down” […]

296 S.E.2d 374 BEECHER v. THE STATE. 64652.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1982. QUILLIAN, Chief Judge. This is an appeal from a conviction for perjury. In 1980, Griswell, the chairman of the Clayton County Commission, was running for reelection against opposition. Defendant, who had been employed as a wrecker driver by Sosebee, […]

11 S.E.2d 76 McFARLEY v. NEW AMSTERDAM CASUALTY CO. et al. 28512.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1940. Where, after an award of the Industrial Board finding as a matter of fact that the claimant received an accidental injury arising out of and in the course of his employment, but denying compensation because […]

508 S.E.2d 741 BROWN v. NORTH AMERICAN SPECIALTY INSURANCE COMPANY; and vice versa. A98A1363, A98A1939.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 1998. RECONSIDERATION DENIED NOVEMBER 17, 1998 — CERT. APPLIED FOR. ANDREWS, Chief Judge. Grant Brown was killed and the aircraft he was piloting was destroyed when he ran out of fuel and crashed […]

583 S.E.2d 278 THE STATE v. FULGHUM. A03A0234.Court of Appeals of Georgia. DECIDED: JUNE 11, 2003 MILLER, Judge. The State charged John Timothy Fulghum with possession of methamphetamine and possession of dangerous drugs (buspirone) based on evidence police found in his residence during a search for Mr. Fulghum’s children. Mr. Fulghum moved to suppress the […]

504 S.E.2d 456 WADE v. WHALEN. A98A0068.Court of Appeals of Georgia. DECIDED JUNE 4, 1998 — CERT. APPLIED FOR. BEASLEY, Judge. Charles Wade sued Dr. Thomas Whalen for medical malpractice arising out of the doctor’s participation in surgery on Wade’s mother. She died on August 12, 1992, allegedly as a result of the malpractice. Wade […]

614 S.E.2d 799 IN RE ESTATE OF ZEIGLER. A05A0071.Court of Appeals of Georgia. DECIDED APRIL 27, 2005. RECONSIDERATION DENIED MAY 13, 2005. JOHNSON, Presiding Judge. This case is before us for the second time to determine whether the probate court erred in removing Stacey Hatchett as the executrix of the estate of Alma J. Zeigler. […]

312 S.E.2d 386 DIMAMBRO NORTHEND ASSOCIATES v. WILLIAMS et al. 66428.Court of Appeals of Georgia. DECIDED DECEMBER 6, 1983. CARLEY, Judge. Appellant-defendant contracted for the construction of a subterranean tunnel which was to be an integral component of a municipal water management project. At its closest point, the path of appellant’s tunnel passed some 600 […]

252 S.E.2d 90 MATCH POINT, LTD. et al. v. ADAMS et al. 56612.Court of Appeals of Georgia.ARGUED SEPTEMBER 20, 1978. DECIDED JANUARY 11, 1979. SHULMAN, Judge. Appellants Carver, Chao, and Hodges bought all the stock of the corporate appellant from the wives of appellees. Included in the sales contract was an obligation on the part […]

257 S.E.2d 11 CARTER v. THE STATE. 57699.Court of Appeals of Georgia.ARGUED APRIL 10, 1979. DECIDED MAY 8, 1979. REHEARING DENIED MAY 29, 1979. BANKE, Presiding Judge. The appellant was convicted of aggravated assault. He appeals the denial of his motion for new trial, citing as error various rulings, charges, and failures to charge by […]

474 S.E.2d 768 GEORGE v. SOUTHWIRE COMPANY. A95A0587.Court of Appeals of Georgia. DECIDED JULY 11, 1996. BEASLEY, Chief Judge. In Southwire Co. v. George, 266 Ga. 739 (470 S.E.2d 865) (1996), the Supreme Court affirmed the judgment of this Court but remanded the case with the direction that we remand the case to the Board […]

237 S.E.2d 2 DAVIS v. CHILIVIS. 53993.Court of Appeals of Georgia.ARGUED JUNE 6, 1977. DECIDED JUNE 14, 1977. REHEARING DENIED JUNE 29, 1977. WEBB, Judge. Are discounts to employees on the price of meals, subsequently paid to the cafeteria management by the employer, subject to the retailers’ and consumers’ sales and use tax? The revenue […]

412 S.E.2d 559 SIMMONS et al. v. KRALL et al. A91A1343.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1991. RECONSIDERATION DENIED NOVEMBER 20, 1991. SOGNIER, Chief Judge. The City of Atlanta condemned certain property in Fulton County, and when the condemnees appealed the special master’s valuation, a jury determined that the value of the property […]

650 S.E.2d 793 THOMAS v. THE STATE. No. A07A1013.Court of Appeals of Georgia. DECIDED AUGUST 7, 2007. MILLER, Judge. Cora Bett Thomas was charged with driving under the influence (“DUI”) and failure to yield in the Recorder’s Court of Chatham County. In an unappealed order, the recorder’s court granted Thomas’s motion to suppress and/or motion […]

63 S.E.2d 278 DIXON v. THE STATE. 33244.Court of Appeals of Georgia. DECIDED JANUARY 27, 1951. MacINTYRE, P. J. 1. “The fact that that portion of the verdict which fixed the term of punishment was written below the signature of the foreman does not invalidate the verdict. Simpson v. State, Page 228 34 Ga. App. […]

534 S.E.2d 544 STEWART v. THE STATE. A00A0320.Court of Appeals of Georgia. DECIDED: MAY 10, 2000. PHIPPS, Judge. Logan Stewart appeals his theft by shoplifting conviction on the grounds that the evidence was insufficient to support the conviction and that the court erred in not charging the jury on the definition of an accessory after […]

382 S.E.2d 682 BRENNON v. THE STATE. GLENN v. THE STATE. A89A0214, A89A0215.Court of Appeals of Georgia. DECIDED MAY 17, 1989. REHEARING DENIED MAY 31, 1989. SOGNIER, Judge. Ike Deleno Brennon and Ray Allen Glenn were convicted of attempt or conspiracy to commit trafficking in cocaine. Their appeals are consolidated in this opinion. Viewing the […]

363 S.E.2d 843 GARDNER v. THE STATE. 75530.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1987. BANKE, Presiding Judge. Gardner was convicted of driving under the influence, aggravated assault, and criminal trespass. On appeal, he contends that the trial court erred in failing to instruct the jury on the elements of the offense of criminal […]

450 S.E.2d 345 BRUMBELOW et al. v. CITY OF ROME. A94A1524.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1994. RUFFIN, Judge. Plaintiffs, Lura and Wallace Brumbelow, appeal from the trial court’s grant of summary judgment to defendant City of Rome, Georgia. Lura Brumbelow was walking across a grass strip separating the street from the sidewalk […]

416 S.E.2d 336 CHEEKS v. THE STATE. A91A1554.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1992. RECONSIDERATION DENIED FEBRUARY 25, 1992. SOGNIER, Chief Judge. Michael A. Cheeks and a co-defendant were convicted in a joint trial of trafficking in cocaine, and Cheeks appeals. The evidence at trial showed that, acting upon information from an informant, […]

274 S.E.2d 52 LIBERTY MUTUAL INSURANCE COMPANY v. GEORGIA PORTS AUTHORITY. 60499.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1980. DECIDED OCTOBER 2, 1980. BANKE, Judge. The issue in this appeal is whether an insurance company which has provided benefits to the widow of a deceased employee pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act, […]

302 S.E.2d 412 STALLINGS v. COLEMAN. 65018.Court of Appeals of Georgia. DECIDED MARCH 8, 1983. SHULMAN, Chief Judge. Pursuant to a warrant issued at the request of the appellee/merchant, appellant was arrested on a charge of passing a bad check. After several hearings, the criminal charge was dismissed. Appellant then filed this action for malicious […]

364 S.E.2d 600 HOWARD v. THE STATE. 75121.Court of Appeals of Georgia. DECIDED JANUARY 4, 1988. POPE, Judge. Defendant Mark Howard, a prison corrections officer, was convicted of armed robbery and aggravated assault of a former inmate, crossing of guard lines of a prison facility with drugs in violation of OCGA § 42-5-15, and possession […]

202 S.E.2d 233 WHITE v. CUDAHY COMPANY, INC. 48345.Court of Appeals of Georgia.ARGUED JUNE 28, 1973. DECIDED OCTOBER 24, 1973. EBERHARDT, Presiding Judge. Barbara White filed her complaint for slander against her former employer, Cudahy Company, Inc., alleging that authorized agents and servants of the defendant corporation falsely and maliciously stated that she had stolen […]

395 S.E.2d 399 WILLIAMS v. THE STATE (two cases). A90A0035, A90A0036.Court of Appeals of Georgia. DECIDED JUNE 28, 1990. McMURRAY, Presiding Judge. Defendants Bernard Williams and Nancy Williams, husband and Page 155 wife, were indicted for the offense of obstructing a law enforcement officer (felony grade) in that, on July 21, 1988, in Floyd County, […]

164 S.E.2d 364 CITY OF ATLANTA v. FULLER. 43865.Court of Appeals of Georgia.ARGUED SEPTEMBER 9, 1968. DECIDED OCTOBER 8, 1968. REHEARING DENIED OCTOBER 29, 1968. DEEN, Judge. Myrtle Fuller sued the City of Atlanta and Strickland, driver of a truck of the city water department, for injuries allegedly sustained when the truck driven by Strickland […]

619 S.E.2d 378 BERNATH et al. v. PEOPLE SUCCESS, INC. A05A1100.Court of Appeals of Georgia. DECIDED AUGUST 3, 2005. MILLER, Judge. Sue and David Bernath appeal from a grant of summary judgment to People Success, Inc., the owner of the shop that sold the hot coffee that burned Ms. Bernath. We find no error and […]

363 S.E.2d 271 GUINN v. CONWOOD CORPORATION et al. 74377.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1987. REHEARING DENIED NOVEMBER 23, 1987. BEASLEY, Judge. Workers’ compensation. The following facts were stipulated: in 1977, Guinn, a Georgia resident, heard of a sales job with Conwood Corporation, a Tennessee tobacco distribution company with headquarters in Memphis, […]

239 S.E.2d 171 EVANS v. THE STATE. 54300.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1977. DECIDED SEPTEMBER 30, 1977. REHEARING DENIED OCTOBER 14, 1977. DEEN, Presiding Judge. 1. The defendant was indicted for murder and convicted of voluntary manslaughter. The evidence showed that her 12-year-old daughter was being verbally abused by the deceased Cooper, with […]

678 S.E.2d 496 SMITH v. THE STATE. No. A09A0682.Court of Appeals of Georgia. DECIDED APRIL 30, 2009. BARNES, Judge. Jermaine Tyrell Smith was convicted of cocaine and marijuana possession, and sentenced as a recidivist to thirty years, five in Page 659 confinement. He appeals, arguing the evidence was insufficient to support the verdict. Upon review […]

195 S.E.2d 195 BELTON v. COLUMBUS FINANCE THRIFT COMPANY. 47540.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1972. DECIDED DECEMBER 1, 1972. REHEARING DENIED DECEMBER 19, 1972. QUILLIAN, Judge. The sole question presented in this appeal is whether the procedure followed in a loan made under the Georgia Industrial Loan Act (Code Ann. Ch. 25-3; Ga. […]

30 S.E.2d 791 KIRK v. THE STATE. 30560.Court of Appeals of Georgia. DECIDED JUNE 22, 1944. MacINTYRE, J. 1. The requirement of the Code, § 6-903, that “in all criminal cases . . the bill of exceptions shall be tendered . . within twenty days from the rendition of the decision,” is mandatory and jurisdictional. […]

660 S.E.2d 736 PARK RIDGE CONDOMINIUM ASSOCIATION, INC. v. CALLAIS. No. A07A2437.Court of Appeals of Georgia. DECIDED FEBRUARY 29, 2008. RECONSIDERATION DENIED APRIL 9, 2008. RUFFIN, Judge. After Gail Callais sued Park Ridge Condominium Association, Inc. (Park Ridge), seeking to inspect and copy records pursuant to OCGA § 14-3-1602, the trial court ordered Park Ridge […]

278 S.E.2d 452 CASWELL v. CASWELL et al. 61082.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1981. REHEARING DENIED MARCH 2, 1981. BANKE, Judge. The appellant’s complaint was dismissed with prejudice on January 3, 1980, as sanction for repeated failure to comply with court orders regarding discovery. At that time, the dismissal was not appealable […]

206 S.E.2d 631 MONTGOMERY v. PACIFIC SOUTHERN COMPANY, INC. et al. 49123.Court of Appeals of Georgia.ARGUED MARCH 6, 1974. DECIDED APRIL 11, 1974. REHEARING DENIED MAY 2, 1974. EVANS, Judge. Mrs. Fred King owned a ten-year-old Volkswagen automobile, and carried it to Montgomery Enco Station for repairs. The repairs were made, and warranted for three […]

307 S.E.2d 83 SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY v. COASTAL TRANSMISSION SERVICE, INC. et al. 65684.Court of Appeals of Georgia. DECIDED JULY 14, 1983. REHEARING DENIED JULY 28, 1983. SOGNIER, Judge. Coastal Transmission Service, Inc. (Coastal) and its president and owner, Richard Barrow, sued Southern Bell Telephone and Telegraph Company (Southern Bell) for libel. The […]

581 S.E.2d 286 PHANAMIXAY v. THE STATE. A02A2414.Court of Appeals of Georgia. March 11, 2003 SMITH, Chief Judge. Along with co-defendant Toni Phommachanh, Somphone Thock Phanamixay was indicted on two counts of armed robbery, two counts of theft by taking, three counts of aggravated assault, three counts of simple battery, three counts of kidnapping, and […]

15 S.E.2d 469 COATES v. BENNETT. 28945.Court of Appeals of Georgia. DECIDED JUNE 11, 1941. The court did not err in overruling the motion for new trial. DECIDED JUNE 11, 1941. Affidavit of illegality; from Laurens superior court — Judge Kent. December 28, 1940. L. F. Watson, for plaintiff in error. R. B. Williams, Will […]

308 S.E.2d 674 BINNS v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY; and vice versa. 62842, 62843.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1983. REHEARING DENIED OCTOBER 4, 1983. CARLEY, Judge. Binns, plaintiff below, filed suit against the Metropolitan Atlanta Rapid Transit Authority (MARTA) seeking compensatory damages for personal injuries and, in addition, punitive damages pursuant […]

397 S.E.2d 503 HAMRICK v. THE STATE. A90A1763.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1990. DEEN, Presiding Judge. The appellant, Herbert Hamrick, was convicted of selling diazepam, possession of diazepam with intent to distribute, and possession of marijuana with intent to distribute. Page 90 On March 27, 1989, an off-duty Gwinnett County police officer […]

251 S.E.2d 83 THE STATE v. EVANS. 56687.Court of Appeals of Georgia.SUBMITTED OCTOBER 16, 1978. DECIDED NOVEMBER 2, 1978. REHEARING DENIED DECEMBER 5, 1978. McMURRAY, Judge. This is an appeal by the state from the granting of a motion to suppress. Defendant was arrested after her apartment was searched based upon a search warrant issued […]

464 S.E.2d 253 IN THE INTEREST OF A.M.B. et al., children. A95A1170Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1995 BLACKBURN, Judge. Herchel and Vicki Bacon appeal the decision of the trial court to terminate their parental rights asserting that in those termination cases where (1) a reunification order has been in place for less […]

190 S.E.2d 807 WILLIAMS v. THE STATE. 47186.Court of Appeals of Georgia.SUBMITTED MAY 8, 1972. DECIDED MAY 15, 1972. EBERHARDT, Presiding Judge. Harold Williams was convicted of robbery by force as defined in Code Ann. § 26-1901, received a sentence of 15 years in the penitentiary and he appeals from the judgment and sentence, enumerating […]

303 S.E.2d 752 MITCHELL v. THE STATE. 65325.Court of Appeals of Georgia. DECIDED APRIL 5, 1983. SOGNIER, Judge. Mitchell’s probation was revoked for shoplifting. His attorney filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (87 S.C. 1396, 18 L.Ed.2d 493). In accordance with Anders, counsel has filed a […]

302 S.E.2d 574 COOK FARMS, INC. et al. v. BOSTWICK et al. 64776.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1983. REHEARING DENIED MARCH 9, 1983. SOGNIER, Judge. Lessees P. T. Bostwick and Fred Gleaton, Jr., d/b/a Tri-County Farms, filed declaratory judgment actions against lessors Cook Farms, Inc. and Dr. Fred M. Garrett, seeking clarification […]

586 S.E.2d 748 IN THE INTEREST OF J. D. T., a child. A03A0894.Court of Appeals of Georgia. DECIDED: AUGUST 25, 2003 ELDRIDGE, Judge. Following a full hearing in the juvenile court, fourteen-year-old J. D. T. was adjudicated delinquent on three counts of theft by taking a motor vehicle (OCGA § 16-8-2) and two counts of […]

609 S.E.2d 670 OWENS v. THE STATE. A05A0451.Court of Appeals of Georgia. DECIDED JANUARY 21, 2005. BLACKBURN, Presiding Judge. Leonard Marcel Owens appeals his jury trial conviction on two counts of armed robbery,[1] one count of aggravated assault,[2] two counts of kidnapping,[3] two counts of possessing a firearm during the commission of a felony,[4] one […]

530 S.E.2d 748 BARNES v. GREATER GEORGIA LIFE INSURANCE COMPANY. A00A0782.Court of Appeals of Georgia. DECIDED: MARCH 9, 2000. JOHNSON, Chief Judge. Leila Barnes sued Greater Georgia Life Insurance Company when it failed to pay accidental death benefits under her son’s life insurance policy. Greater Georgia Life moved for summary judgment, contending accidental death benefits […]

343 S.E.2d 792 EZELL v. THE STATE. 71946.Court of Appeals of Georgia. DECIDED MARCH 21, 1986. BENHAM, Judge. Appellant was convicted of three counts of child molestation and sentenced 10 years to serve and 10 years on probation. His attorney filed a motion to withdraw as counsel pursuant t Anders v. California, 386 U.S. 738 […]

581 S.E.2d 724 BLACKWOOD v. THE STATE A03A0778.Court of Appeals of Georgia. Decided May 2, 2003 MIKELL, Judge. Stanley Alaska Blackwood was convicted of trafficking in cocaine, sentenced to 30 years in confinement, and fined $1,650,052. In his sole enumeration of error, Blackwood contends that the trial court erred in denying his motion to suppress […]

26 S.E.2d 456 SCOTT, administratrix, v. HOLDEN, executor. 29947.Court of Appeals of Georgia. DECIDED JULY 3, 1943. 1. The court did not commit reversible error in sustaining paragraph 4 of the demurrer to paragraph 4 of the answer for the reason that a careful examination of the brief of evidence clearly shows that such ruling […]

296 S.E.2d 195 DESIGN ENGINEERING, CONSTRUCTION INTERNATIONAL INC. v. CESSNA FINANCE CORPORATION. 64494.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1982. REHEARING DENIED OCTOBER 28, 1982. CARLEY, Judge. The facts, insofar as they are relevant to the instant appeal, are as follows: Appellant-plaintiff, Design Engineering, Construction International Inc. (DECI), purchased an airplane from Outlaw Aircraft […]

186 S.E.2d 436 WILKINS v. BEVERLY. 46638.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1971. DECIDED NOVEMBER 12, 1971. DEEN, Judge. Although Code § 62-601 relating to the fencing of animals in stock-law counties has been superseded by Code Ann. § 62-1604 which makes the provisions state-wide, the duty of the owner is the same in […]

537 S.E.2d 788 HOOD v. THE STATE. A00A0893.Court of Appeals of Georgia. DECIDED: JULY 28, 2000 MILLER, Judge. Jamie Hood was tried before a jury and found guilty of armed robbery. On appeal he challenges the sufficiency of the evidence and further contends the trial court erred in (i) denying his motion in limine, (ii) […]

91 S.E.2d 46 CHAPPAS v. SANDEFUR. 35837.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1955. Since the plaintiff, through no fault of his own, failed to secure an F. H. A. loan on the property as provided by the sales contract, he is entitled to the return of the money he paid to the seller […]

223 S.E.2d 757 COTTON et al. v. JOHN W. ESHELMAN SONS, INC. 51570.Court of Appeals of Georgia.ARGUED JANUARY 14, 1976. DECIDED JANUARY 23, 1976. WEBB, Judge. Eshelman Sons sued the Cottons, husband and wife, for $58,670.75 plus accrued interest, alleged to be the amount due on an open account for the purchase of feed and […]

182 S.E.2d 701 JOHNSON v. THE STATE. 46049.Court of Appeals of Georgia.ARGUED MARCH 3, 1971. DECIDED MAY 5, 1971. REHEARING DENIED JUNE 4, 1971. JORDAN, Presiding Judge. The defendant appeals a conviction and sentence for burglary. Held: 1. The use of the word “fired” by the prosecutor in his opening statement affords no basis for […]

436 S.E.2d 584 WHITE v. THE STATE. A93A2195.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1993. McMURRAY, Presiding Judge. Defendant was accused, tried and convicted of aggravated battery and aggravated assault. The trial court vacated the aggravated assault conviction by merging it with the aggravated battery conviction and sentenced defendant to serve 20 years in […]

649 S.E.2d 871 RAINEY v. THE STATE. No. A07A0919.Court of Appeals of Georgia. DECIDED JULY 19, 2007. BERNES, Judge. Following a bench trial, Jackie Rainey II was convicted of simple battery. On appeal, he contends that there was insufficient evidence to convict him.[1] We disagree and affirm. “The standard of review for an appeal from […]

124 S.E.2d 315 SOUTH CAROLINA INSURANCE COMPANY v. HUNNICUTT et al. 39193.Court of Appeals of Georgia. DECIDED JANUARY 9, 1962. REHEARING DENIED JANUARY 29, 1962. 1. A provision in an automobile-liability-insurance policy that none of the terms of the policy (including an exclusion clause) shall be waived except by endorsement issued to form a part […]

430 S.E.2d 81 SIGHTLER et al. v. TRANSUS, INC. et al. A92A2355.Court of Appeals of Georgia. DECIDED MARCH 9, 1993. RECONSIDERATION DENIED MARCH 24, 1993. COOPER, Judge. In this tort action, appellants challenge the trial court’s grant of partial summary judgment to appellees on the issue of punitive damages. Appellants Mr. and Mrs. Sightler were […]

387 S.E.2d 28 THOMPSON v. TOM HARVEY FORD MERCURY, INC. A89A1247.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1989. CARLEY, Chief Judge. A vehicle that was owned by appellee-defendant and that was being operated by one of its employees collided with appellant-plaintiff’s vehicle. As the result of this collision, appellant brought suit against appellee. After […]

444 S.E.2d 341 STEINBERGER v. BARWICK PHARMACY, INC. et al. A94A0793.Court of Appeals of Georgia. DECIDED APRIL 19, 1994. RECONSIDERATION DENIED MAY 3, 1994. BLACKBURN, Judge. The appellant, Rita Steinberger, filed the instant action for damages under a negligence theory against Barwick Pharmacy, Inc. (Barwick) and Briarcliff Realty, Inc. (Briarcliff), as a result of injuries […]

308 S.E.2d 698 HARDEN v. THE STATE. 66838.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1983. BANKE, Judge. On appeal from his conviction of rape and simple battery, defendant’s appointed counsel has filed a motion to withdraw and supporting brief pursuant to Bethay v. State, 237 Ga. 625 (229 S.E.2d 406) (1976). After considering the […]

263 S.E.2d 518 GIPSON et al. v. THE STATE. PARKS v. THE STATE (two cases). 58889, 58890, 58891.Court of Appeals of Georgia.ARGUED NOVEMBER 6, 1979. DECIDED NOVEMBER 30, 1979. DEEN, Chief Judge. These armed robbery convictions are appealed on the general grounds only. The testimony is ample, and the case is well summarized by the […]

189 S.E.2d 123 INTERNATIONAL SERVICE INSURANCE COMPANY v. CONSOLIDATED UNDERWRITERS et al. 46634.Court of Appeals of Georgia.SUBMITTED OCTOBER 6, 1971. DECIDED MARCH 8, 1972. REHEARING DENIED MARCH 24, 1972. JORDAN, Presiding Judge. International Service Insurance Company, an insurer providing uninsured motorist coverage for a number of claimants seeking to recover damages from George Jackson, Jr., […]