Category: Georgia Court of Appeals Opinions

137 S.E.2d 353 TAYLOR v. WILSON. 40662.Court of Appeals of Georgia. DECIDED MAY 4, 1964. 1. Where, in an affidavit of illegality to the foreclosure of a conditional sales agreement, a purchaser seeks to recoup payments which he has made upon the purchase price of personalty, asserting a breach of the warranty of merchantability resulting […]

589 S.E.2d 255 HOPKINSON v. LABOVITZ et al. A03A1041.Court of Appeals of Georgia. DECIDED: OCTOBER 6, 2003 BARNES, Judge. Helen Hopkinson appeals the trial court’s grant of summary judgment to her former divorce attorney and law firm on her claim of fraud against them. For the reasons that follow, we affirm. In October 1996, acting […]

174 S.E.2d 361 GEORGIA POWER COMPANY v. SLAPPEY et al. 44787.Court of Appeals of Georgia.ARGUED OCTOBER 7, 1969. DECIDED FEBRUARY 12, 1970. REHEARING DENIED MARCH 31, 1970. PER CURIAM. This is a condemnation case in which the condemnor sought to condemn the condemnees’ property for the purpose of taking an easement for a transmission line […]

283 S.E.2d 7 AVANT TRUCKING COMPANY, INC. v. STALLION et al. 62023.Court of Appeals of Georgia. DECIDED JUNE 9, 1981. REHEARING DENIED JULY 9, 1981. DEEN, Presiding Judge. Avant Trucking Co. brought an action against the Stallions, a father and son, for damages resulting from a collision between the Stallion tractor-trailer truck which was hauling […]

128 S.E.2d 370 PHILLIPS v. REECE et al. 39667.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1962. REHEARING DENIED OCTOBER 23, 1962. The trial court did not err in denying the amended motion for new trial. DECIDED OCTOBER 8, 1962 — REHEARING DENIED OCTOBER 23, 1962. Tort; automobile and truck collision. Fulton Superior Court. Before […]

617 S.E.2d 612 CARROLL COUNTY WATER AUTHORITY v. L.J.S. GREASE TALLOW, INC. et al. A05A0531.Court of Appeals of Georgia. DECIDED JULY 12, 2005. PHIPPS, Judge. The Carroll County Water Authority petitioned to condemn 37.959 acres of land owned by L.J.S. Grease Tallow, Inc. A special master awarded L.J.S. $140,000 as the actual market value of […]

343 S.E.2d 513 McABEE CONSTRUCTION COMPANY v. GEORGIA KRAFT COMPANY et al. 71043.Court of Appeals of Georgia. DECIDED MARCH 20, 1986. REHEARING DENIED APRIL 2, 1986. BEASLEY, Judge. This suit involves the validity of an indemnification provision in a general construction contract for injuries and death suffered by an employee of a subcontractor due to […]

66 S.E.2d 139 HELTON v. THE STATE. 33479.Court of Appeals of Georgia. DECIDED JUNE 5, 1951. REHEARING DENIED JULY 17, 1951. No reversible error of law appears from any of the special grounds of the motion for a new trial, for the reasons shown in the opinion, and there being ample evidence to support the […]

256 S.E.2d 58 YOUNG v. JONES. 57299.Court of Appeals of Georgia.ARGUED FEBRUARY 8, 1979. DECIDED APRIL 9, 1979. REHEARING DENIED MAY 8, 1979. BIRDSONG, Judge. Legal malpractice. The facts of this rather convoluted case show the following evolvement: Mr. and Mrs. Jones were in their personal automobile with Mr. Jones driving. They approached a railroad […]

349 S.E.2d 493 DOUTHIT v. STATE OF GEORGIA et al. 72823.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1986. REHEARING DENIED OCTOBER 7, 1986. BIRDSONG, Presiding Judge. Summary Judgment — Tortious Interference with Contractual Rights. The facts of this case show Robert W. Douthit was an employee of the Atlanta Youth Development Center in the […]

389 S.E.2d 354 SHORTES v. THE STATE. A89A1943.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1989. REHEARING DENIED DECEMBER 8, 1989. BENHAM, Judge. This appeal is from appellant’s conviction for aggravated assault. The issues raised on appeal are the admissibility of hearsay evidence offered under the res gestae exception to the hearsay rule, and the […]

305 S.E.2d 390 ALL RISK INSURANCE AGENCY, INC. v. ROCKBRIDGE SANITATION COMPANY et al. 65425.Court of Appeals of Georgia. DECIDED MAY 11, 1983. REHEARING DENIED MAY 24, 1983. SOGNIER, Judge. All Risk Insurance Agency, Inc. (All Risk) sued Rockbridge Sanitation Company (Rockbridge) and its president and sole stockholder, James Babb on an open account and […]

283 S.E.2d 706 AMBROS v. THE STATE. 61932.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1981. POPE, Judge. Jonas Lee Ambros appeals his conviction of armed robbery. In addition to the general grounds, he enumerates several errors dealing with identification evidence. Held: 1. The evidence adduced at trial showed that on July 30, 1980 the […]

596 S.E.2d 625 MITCHELL REALTY GROUP, LLC v. HOLT. A03A1912.Court of Appeals of Georgia. DECIDED JANUARY 27, 2004. RECONSIDERATION DENIED MARCH 12, 2004. RUFFIN, Presiding Judge. Mitchell Realty Group, LLC (“Mitchell”) sued William Holt for a brokerage commission allegedly owed under a real estate purchase and sale agreement. The parties filed cross-motions for summary judgment. […]

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., […]

448 S.E.2d 91 RICHARDSON v. HENNLY. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF VALDOSTA, INC. v. RICHARDSON. A93A0680, A93A0807.Court of Appeals of Georgia. DECIDED AUGUST 3, 1994. SMITH, Judge. In Richardson v. Hennly, 209 Ga. App. 868 (434 S.E.2d 772) (1993), this court affirmed the judgment in Case No. A93A0807 and reversed the judgment in Case […]

565 S.E.2d 540 GEARIN v. THE STATE. A02A0535.Court of Appeals of Georgia. DECIDED: MAY 10, 2002. MIKELL, Judge. A Barrow County jury convicted Donald Memory Gearin of aggravated child molestation, aggravated sexual battery, two counts Page 330 of child molestation, and first degree cruelty to children. Gearin was sentenced to twenty years, ten of which […]

218 S.E.2d 458 MERRELL v. THE STATE. 50824.Court of Appeals of Georgia.SUBMITTED JUNE 30, 1975. DECIDED SEPTEMBER 8, 1975. EVANS, Judge. Defendant was tried and convicted of the offense of theft by taking “one black angus hefer [sic], property of Otis Wright of the value of $200.” He was sentenced to serve ten years. Motion […]

293 S.E.2d 741 HOLT SERVICE COMPANY et al. v. MODLIN. 63800.Court of Appeals of Georgia. DECIDED JULY 14, 1982. REHEARING DENIED JULY 29, 1982. POPE, Judge. In 1976 claimant-appellee Modlin sustained a back injury while employed as a pipe welder by Daniel Construction Company Page 284 (“Daniel”) in Alabama. Due to this injury, Modlin missed […]

319 S.E.2d 640 KETCHAM v. FRANKLYN GESNER FINE PAINTINGS, INC. 66066.Court of Appeals of Georgia. DECIDED JUNE 27, 1984. SOGNIER, Judge. On certiorari to the Supreme Court, our earlier decision in the above case reversing the judgment of the trial court has been reversed. Ketcham v. Franklyn Gesner Fine Paintings, Inc., 169 Ga. App. 329 […]

558 S.E.2d 827 ATLANTA AFFORDABLE HOUSING FUND LIMITED PARTNERSHIP et al. v. BROWN B/N/G TASCENA JENNINGS et al. A01A1768.Court of Appeals of Georgia. DECIDED: JANUARY 15, 2002 ELDRIDGE, Judge. Atlanta Affordable Housing Fund Limited Partnership and Ledic Management Group, Inc. appeal from a jury verdict and judgment for Shaatia J’Nai Brown, a nine-year-old, brought by […]

208 S.E.2d 167 THE STATE v. HOLLOMON et al. 49510.Court of Appeals of Georgia.ARGUED JUNE 27, 1974. DECIDED JULY 9, 1974. STOLZ, Judge. The defendants, members of the Jones County Board of Commissioners, were convicted of malpractice in office. Code § 89-9907. The trial judge sentenced them to misdemeanor punishment and provided that they be […]

661 S.E.2d 146 THE STATE v. PALMER. No. A07A2332.Court of Appeals of Georgia. DECIDED MARCH 13, 2008. RECONSIDERATION DENIED APRIL 14, 2008. RUFFIN, Judge. The State appeals the trial court’s grant of David Palmer’s motion to suppress drugs and other evidence seized during the execution of a search warrant at Palmer’s residence. For reasons that […]

6 S.E.2d 360 FLOYD COUNTY DAIRIES et al. v. BROOKS. 27729.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1939. Both counts of the petition were subject to general demurrer. The court erred in ruling otherwise. DECIDED DECEMBER 5, 1939. Damages; from Floyd superior court — Judge Porter. April 22, 1939. Barry Wright, Henry J. Fullbright […]

235 S.E.2d 394 TUTMAN et al. v. THE STATE. 53791.Court of Appeals of Georgia.SUBMITTED APRIL 12, 1977. DECIDED APRIL 28, 1977. QUILLIAN, Presiding Judge. The evidence, although conflicting, was sufficient to sustain the conviction of the two defendants for robbery. Judgment affirmed. Shulman and Banke, JJ., concur. SUBMITTED APRIL 12, 1977 — DECIDED APRIL 28, […]

308 S.E.2d 39 SPURLIN v. THE STATE. 66399.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1983. SHULMAN, Chief Judge. Appellant was convicted of possession of cocaine with intent to distribute (Count 1) and possession of less than an ounce of marijuana (Count 2). Appellant bases his appeal on the general grounds and on the contention […]

635 S.E.2d 319 CRANE v. LAZARO et al. No. A06A1684.Court of Appeals of Georgia. DECIDED JULY 27, 2006. RECONSIDERATION DENIED AUGUST 15, 2006. BLACKBURN, Presiding Judge. Acting pro se, Eugene Crane appeals an order granting a motion to dismiss his civil suit against Luis Lazaro and Nationwide Insurance Company (Nationwide) in which he claims that […]

388 S.E.2d 49 O.P.D.I.-U.S., INC. v. COLLINS et al. A89A1050.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1989. CARLEY, Chief Judge. Appellant-plaintiff purchased real property and gave a deed to secure debt to the Bank of Montreal. When appellant subsequently sold the real property to Atlanta Biltmore Associates, Ltd. (ABAL), ABAL gave to appellant a […]

318 S.E.2d 167 STEPHENS et al. v. DEPARTMENT OF TRANSPORTATION. 67570.Court of Appeals of Georgia. DECIDED APRIL 12, 1984. REHEARING DENIED MAY 3, 1984. CARLEY, Judge. Resolution of the instant appeal requires an understanding of the entire procedural history of the litigation. Pursuant to the provisions of OCGA § 32-3-1 et seq., two condemnation actions […]

655 S.E.2d 223 SLMBEY v. THE STATE. No. A07A2175.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 2007. RECONSIDERATION DENIED DECEMBER 3, 2007. MIKELL, Judge. Following a bench trial in which he appeared pro se, Akhenaten Amen’ra Slmbey, again acting pro se, appeals his conviction on two counts of speeding, contending in fourteen enumerations of error […]

279 S.E.2d 244 WHITLOCK v. BARRETT. 60733.Court of Appeals of Georgia. DECIDED MARCH 4, 1981. REHEARING DENIED MARCH 23, 1981. CARLEY, Judge. Appellant is the natural mother of an illegitimate child. Appellee is the mother of the putative father of the child. Appellee filed a petition for letters of guardianship of the person and property […]

593 S.E.2d 358 SINCLAIR DISPOSAL SERVICE, INC. et al. v. OCHOA. A03A1755Court of Appeals of Georgia. JANUARY 15, 2004 RUFFIN, Presiding Judge. Gilberto Ochoa, Jr., by next friend Sara Ochoa, sued Sinclair Disposal Service, Inc. (“Sinclair”) and its employee, Clifford Boggs, for injuries sustained when the car in which Gilberto was riding collided with a […]

94 S.E.2d 152 SOUTHERN RAILWAY CO. v. THORNTON et al. HAULBROOK v. THORNTON et al. 36249, 36250.Court of Appeals of Georgia. DECIDED JULY 16, 1956. REHEARING DENIED JULY 30, 1956. The court did not err in overruling the general demurrers to the petition as amended. DECIDED JULY 16, 1956 — REHEARING DENIED JULY 30, 1956. […]

399 S.E.2d 544 DUKE v. WILLIAMS et al. A90A1070.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1990. REHEARING DENIED DECEMBER 4, 1990. BIRDSONG, Judge. Fraser M. Duke appeals from a judgment, based upon a jury verdict, awarding damages of $213,200 to Joseph B. Williams, Aubon Higgins, and Williams Higgins and Associates, d/b/a Williams-Higgins Company (collectively […]

324 S.E.2d 570 WHISENHUNT et al. v. THE STATE. 68634.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1984. POPE, Judge. Appellant Whisenhunt appeals his conviction of five counts of distributing obscene material. Whisenhunt’s employers, appellants 134 Baker Street, Inc., 75 Walton Street, Inc., and 555 Lindbergh, Inc., appeal their respective convictions of two counts, one […]

161 S.E.2d 915 HAWES, Commissioner v. HIGGINS-McARTHUR COMPANY (two cases). 43535, 43536.Court of Appeals of Georgia.ARGUED APRIL 3, 1968. DECIDED MAY 2, 1968. The trial court did not err in granting summary judgment for the plaintiff. ARGUED APRIL 3, 1968 — DECIDED MAY 2, 1968. Sales tax. Fulton Superior Court. Before Judge Pharr. Higgins-McArthur Company […]

274 S.E.2d 804 MONTGOMERY v. THE STATE. LEWIS v. THE STATE. 60634, 60882.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1980. DECIDED OCTOBER 16, 1980. REHEARING DENIED NOVEMBER 14, 1980. BIRDSONG, Judge. At a joint trial, Carlton Lewis, Malcolm Montgomery, Cornelius Bridges, Luther Winters, and Harry Porter were tried for armed Page 449 robbery, theft of […]

222 S.E.2d 193 HAYES v. THE STATE. 51053.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 9, 1975. DECIDED NOVEMBER 25, 1975. EVANS, Judge. Defendant was arrested and indicted for the crime of burglary. Having been tried and found guilty, he was sentenced to six years. Defendant appeals. 1. Defendant urges that taking the plea of a co-defendant […]

513 S.E.2d 520 AMERICAN MOTORISTS INSURANCE COMPANY v. NATIONAL UNION FIRE INSURANCE COMPANY. A97A0543.Court of Appeals of Georgia. DECIDED: MARCH 4, 1999. POPE, Presiding Judge. The decision of the Court of Appeals in this case having been reversed by the Supreme Court, National Union Fire Ins. Co. v. American Motorists Ins. Co., 269 Ga. 768 […]

32 S.E.2d 927 JOHNSON v. THE STATE. 30723.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1945. BROYLES, C. J. The defendant was convicted of larceny from the house. Her amended motion for a new trial was based upon alleged newly discovered evidence, discovered since her trial, the evidence being set forth in the motion. The […]

580 S.E.2d 609 BURCHETTE v. THE STATE. A02A2236.Court of Appeals of Georgia. Decided March 20, 2003 Reconsideration Denied April 7, 2003 SMITH, Chief Judge. Michael Lynn Burchette was indicted and convicted on one count of arson. His amended motion for new trial was denied, and he appeals. Burchette challenges the sufficiency of the evidence, the […]

259 S.E.2d 162 MILLER v. ROSES’ STORES, INC. et al. 58177.Court of Appeals of Georgia.SUBMITTED JULY 3, 1979. DECIDED SEPTEMBER 4, 1979. DEEN, Chief Judge. 1. The appellant filed this action for unlawful detention, which after a jury trial resulted in a verdict for the defendant. Briefly, evidence in behalf of the defendant store and […]

234 S.E.2d 860 WILLIAMS v. WILHOIT. 53793.Court of Appeals of Georgia.ARGUED APRIL 7, 1977. DECIDED APRIL 13, 1977. WEBB, Judge. This is a pro se appeal in a civil case in which it is difficult, if not impossible, to ascertain the legal issues Page 5 sought to be raised, and in which no authority is […]

453 S.E.2d 84 OBONG et al. v. EKEREKE et al. A94A2571.Court of Appeals of Georgia. DECIDED DECEMBER 19, 1994. RECONSIDERATION DENIED JANUARY 12, 1995. CERT. APPLIED FOR. BLACKBURN, Judge. Appellants, Reverend Dr. Edet E. Obong and Enewan E. Obong, bring this appeal from the trial court’s confirmation of an arbitration award for appellees (Richard Johnson […]

144 S.E.2d 450 COVIL et al. v. ROBERT COMPANY ASSOCIATES. 41267, 41297.Court of Appeals of Georgia.ARGUED APRIL 7, 1965. DECIDED SEPTEMBER 8, 1965. 1. (a) The law imposes upon persons performing architectural and engineering services the duty to exercise the care, skill and ability ordinarily employed by members of the profession. (b) In an action […]

711 S.E.2d 351 NEWTON v. GOLDEN GROVE PECAN FARM et al. Nos. A11A0309, A11A0310.Court of Appeals of Georgia. DECIDED JUNE 3, 2011. BLACKWELL, Judge. Following a hearing on August 2, 2010, the court below adjudged Salina Newton, a court-appointed receiver, guilty of criminal contempt, a judgment based on findings that Newton, several months before the […]

307 S.E.2d 747 LEMONS v. THE STATE. 66648.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1983. BANKE, Judge. The defendant appeals his convictions on two indictments charging him, respectively, with the December 17th, 1980, burglary of the residence of Maria Carlson and the January 7th, 1981, burglary of the residence of Gary McLendon. Although the […]

216 S.E.2d 347 LEWIS et al. v. FIRST NATIONAL BANK OF MIAMI. 50450.Court of Appeals of Georgia.ARGUED APRIL 7, 1975. DECIDED APRIL 24, 1975. REHEARING DENIED MAY 13, 1975. WEBB, Judge. This case was submitted to the trial court for determination upon the following stipulation of the parties: “It is hereby stipulated by and between […]

307 S.E.2d 723 ATLANTA CASUALTY COMPANY v. FLEWELLEN. VAN DYKE v. ALLSTATE INSURANCE COMPANY. 64501, 64511.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1983. BIRDSONG, Judge. This court, on December 1, 1982, affirmed the trial court in the case of Van Dyke v. Allstate Ins. Co. (Case No. 64511) but reversed the trial court in […]

222 S.E.2d 103 BARRENTINE v. THE STATE. 51424.Court of Appeals of Georgia.ARGUED OCTOBER 29, 1975. DECIDED NOVEMBER 7, 1975. REHEARING DENIED DECEMBER 1, 1975. EVANS, Judge. Defendant was convicted of burglary and sentenced to a term of 20 years, the first 6 years to be served in confinement, the remainder on probation. Defendant appeals. Held: […]

445 S.E.2d 388 MORELAND v. THE STATE. A94A0815.Court of Appeals of Georgia. DECIDED JUNE 23, 1994. SMITH, Judge. Shalom Moreland was convicted of one count of selling cocaine in violation of the Georgia Controlled Substances Act, OCGA §16-13-30. His motion for new trial was denied and he appeals, enumerating the general grounds. Moreland was positively […]

382 S.E.2d 139 MASSON v. THE STATE. A89A0660.Court of Appeals of Georgia. DECIDED APRIL 20, 1989. REHEARING DENIED MAY 5, 1989. BANKE, Presiding Judge. The appellant was convicted of possessing more than an ounce of marijuana in violation of the Controlled Substances Act. The contraband on which the conviction was based was seized during a […]

436 S.E.2d 87 BELL v. CITY OF ALBANY. DANIEL v. BELL. A93A1638, A93A1639.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1993. ANDREWS, Judge. After Bell drove his car into a utility pole, he was arrested by City of Albany police and charged with driving under the influence of alcohol, driving on a suspended license, and […]

321 S.E.2d 423 WILLIAMS v. THE STATE. 68281.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1984. CARLEY, Judge. Appellant was indicted for rape and aggravated sodomy. He was convicted of rape and appeals from the judgment of conviction entered on the guilty verdict. 1. Appellant enumerates as error the general grounds. The evidence adduced at […]

650 S.E.2d 357 MITSUBISHI MOTORS CREDIT OF AMERICA, INC. v. SHERIDAN et al. No. A07A0384.Court of Appeals of Georgia. DECIDED JULY 11, 2007. RECONSIDERATION DENIED JULY 26, 2007. ADAMS, Judge. Timothy Sheridan and Lamphone Chomthipe-Sheridan filed suit against Mitsubishi Motors Credit of America, Inc. for trespass, negligence, and theft arising out of what they deemed […]

37 S.E.2d 727 SMITH v. THE STATE. 31178.Court of Appeals of Georgia. DECIDED APRIL 6, 1946. The court did not err in overruling the motion for a new trial for any of the reasons assigned. DECIDED APRIL 6, 1946. Assault with intent to murder; from Clarke superior court — Judge West. December 22, 1945. The […]

537 S.E.2d 804 HEMIDI v. THE STATE. A00A1503.Court of Appeals of Georgia. DECIDED: JULY 28, 2000 JOHNSON, Chief Judge. A jury found Mohammed Hemidi guilty of armed robbery and possession of a firearm during the commission of a crime. Hemidi appeals, alleging (1) there was insufficient evidence to support his conviction, (2) a fatal variance […]

502 S.E.2d 256 IN THE INTEREST OF F.L.S., IV, T.S. and J.S., CHILDREN. A98A0385.Court of Appeals of Georgia. DECIDED APRIL 7, 1998. Judge HAROLD R. BANKE. The natural father of F. L. S., IV, T. S. and J. S. appeals from a juvenile court order terminating his parental rights. In his sole enumeration, he contends […]

276 S.E.2d 258 MERRITT v. THE STATE. 60932.Court of Appeals of Georgia. DECIDED JANUARY 7, 1981. QUILLIAN, Chief Judge. The defendant appeals his conviction for robbery by sudden snatching. Held: 1. The evidence in this case was sufficient so that a rational trier of fact could have found proof of guilt beyond a reasonable doubt. […]

534 S.E.2d 480 JOHNSON v. THE STATE. EL-046-C. A00A1168.Court of Appeals of Georgia. DECIDED: MAY 3, 2000. ELDRIDGE, Judge. Appellant Jason Wayne Johnson and his cousin, Jerry Lee Lancaster, committed a home invasion wherein they donned Halloween masks; approached the home of the 70-year-old victim (their long-time neighbor); kicked in her front door; held a […]

450 S.E.2d 834 KNOX ENTERPRISES v. TIMBERMEN, INC. et al.; and vice versa. A94A0965, A94A0966.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1994. RECONSIDERATION DENIED DECEMBER 1, 1994. ANDREWS, Judge. Knox Enterprises appeals from the trial court’s grant of partial summary judgment to Timbermen, Inc. denying Knox Enterprises the right to recover “present value of […]

439 S.E.2d 513 COREY v. THE STATE. A93A1949.Court of Appeals of Georgia. DECIDED DECEMBER 10, 1993. McMURRAY, Presiding Judge. Defendant Corey appeals his conviction of two counts of armed robbery, two counts of possession of a firearm during commission of a crime, and criminal use of a weapon with an altered identification number. These offenses […]

426 S.E.2d 905 DEPARTMENT OF TRANSPORTATION v. FRU-CON CONSTRUCTION CORPORATION. A92A1239.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1992. RECONSIDERATION DENIED DECEMBER 17, 1992. CARLEY, Presiding Judge. The facts, insofar as they are relevant to the instant appeal, are as follows: Appellant-defendant Department of Transportation (DOT) undertook a highway construction project which included the construction […]

536 S.E.2d 613 THERAGENICS CORPORATION v. DEPARTMENT OF NATURAL RESOURCES. A00A0107Court of Appeals of Georgia. DECIDED: JULY 7, 2000 POPE, Presiding Judge. Appellant Theragenics Corporation is a Georgia corporation founded in 1981 to develop, manufacture and sell radioactive “seeds” (sold under the brand name of TheraSeed.) that are used in a cancer treating procedure known […]

78 S.E.2d 257 DAVISON-PAXON COMPANY et al. v. FORD. 34702.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1953. REHEARING DENIED OCTOBER 1, 1953. The findings of fact by the State Board of Workmen’s Compensation were authorized by the evidence; the findings supported the award of death benefits to the claimant for the death of her […]

385 S.E.2d 27 HIGHTOWER v. THE STATE. A89A1513.Court of Appeals of Georgia. DECIDED JULY 14, 1989. DEEN, Presiding Judge. Appellant Charles Hightower and his brother, William, were passengers in an automobile owned and being driven by one Kreg Richardson when a state trooper stopped them for speeding on a Terrell County highway. William was in […]

8 S.E.2d 679 BLIZZARD v. BLIZZARD. 28041.Court of Appeals of Georgia. DECIDED MARCH 15, 1940. Service of bill of exceptions on Sunday was ineffective. DECIDED MARCH 15, 1940. Eviction; from Washington superior court — Judge Hardeman. September 5, 1939. M. L. Gross, for plaintiff. W. M. Goodwin, for defendant. BROYLES, C. J. 1. “Sunday is […]

249 S.E.2d 336 AUSBY v. THE STATE. 56570.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 7, 1978. DECIDED OCTOBER 12, 1978. McMURRAY, Judge. Defendant was indicted in three counts for the offenses of armed robbery, aggravated assault (with intent to rape), and aggravated assault (with a deadly weapon). Defendant was convicted of all counts and was sentenced […]

402 S.E.2d 527 CC B INDUSTRIES, INC. v. STROUD. A90A1938.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 1991. REHEARING DENIED FEBRUARY 22, 1991. CARLEY, Judge. Appellant-Subcontractor brought the instant action to foreclose its lien on the real property of appellee-Owner. The trial court, sitting without a jury, found in favor of the Owner and the […]

518 S.E.2d 908 LUNDGREN v. THE STATE A99A0563.Court of Appeals of Georgia. DECIDED: JUNE 3, 1999 BANKE, Judge. Clifford Lundgren appeals his conviction for disorderly conduct for which he received a year’s probation and a $1,000 fine. The underlying case arose while Lundgren was attending classes at the Federal Law Enforcement Training Center (“FLETC”). Late […]

646 S.E.2d 763 BONNER ROOFING SHEET METAL COMPANY, INC. et al. v. KARSMAN et al.; and vice versa. No. A07A0597, A07A0598.Court of Appeals of Georgia. DECIDED MAY 29, 2007. JOHNSON, Presiding Judge. During 1998, Luree Bonner and Thomas Brunson were constructing a condominium development known as Thunderbolt Harbor through an entity known as Brunson Bonner, […]

173 S.E.2d 110 WALDEN v. THE STATE. 44802.Court of Appeals of Georgia.ARGUED OCTOBER 7, 1969. DECIDED FEBRUARY 6, 1970. EVANS, Judge. The defendant was indicted, tried and convicted of the offense of unlawfully receiving, harboring and concealing an escaped convict. The appeal is from the judgment and sentence, including the overruling of a motion to […]

243 S.E.2d 627 THE STATE v. STUCKEY. 54671.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1977. DECIDED MARCH 7, 1978. REHEARING DENIED MARCH 30, 1978. BELL, Chief Judge. The defendant was convicted of armed robbery and aggravated assault on his plea of guilty. The trial court imposed a sentence of five years imprisonment which was probated. […]

495 S.E.2d 598 MOBLEY v. THE STATE. A97A2159.Court of Appeals of Georgia. DECIDED JANUARY 8, 1998. Judge Harold R. Banke. The initial trial in this case ended in a mistrial. After a second trial, Gurnell Mobley was convicted of manslaughter, two counts of aggravated assault, and criminal trespass. He enumerates four errors, three of which […]

217 S.E.2d 415 MINIT CHEK FOOD STORES, INC. v. PLAZA CAPITAL, INC.; and vice versa. 50564, 50565.Court of Appeals of Georgia.ARGUED MAY 5, 1975. DECIDED JUNE 13, 1975. BELL, Chief Judge. Plaintiff instituted a dispossessory proceeding against the defendant for non-payment of rent. The summons required an answer seven days after service which was made […]

24 S.E.2d 861 EVANS et al. v. STATE OF GEORGIA. 29894.Court of Appeals of Georgia. DECIDED MARCH 19, 1943. 1. The court has the power and authority to hold the documents, the subject-matter of the proceedings, in the protection of the law, pending such proceedings, even though jurisdiction be eventually denied. 2. It is contempt […]

617 S.E.2d 213 GODFREY v. THE STATE. A05A0223.Court of Appeals of Georgia. DECIDED JULY 8, 2005. ADAMS, Judge. Otis Edward Godfrey appeals from the trial court’s denial of his motion for new trial following his conviction on one count of burglary. We affirm. Viewed in the light most favorable to support the verdict, the evidence […]

574 S.E.2d 574 IN THE INTEREST OF D. N. B., a child. A02A1964.Court of Appeals of Georgia. DECIDED: NOVEMBER 19, 2002 PHIPPS, Judge. L. B., the biological mother of D. N. B., appeals an order terminating her parental rights. In this appeal, she disputes two factual findings entered by the juvenile court. We find no […]

206 S.E.2d 139 WALKER’S L. P. GAS, INC. v. PYE. 48994.Court of Appeals of Georgia.SUBMITTED JANUARY 14, 1974. DECIDED MARCH 15, 1974. REHEARING DENIED MARCH 28, 1974. PANNELL, Judge. The appeal in this case is from a judgment “overruling plaintiff’s motion for judgment on the pleadings and motion to dismiss, motion for default judgment, and […]

370 S.E.2d 503 LOMBARDO v. THE STATE. 76021.Court of Appeals of Georgia. DECIDED MAY 24, 1988. REHEARING DENIED JUNE 8, 1988. POPE, Judge. Defendant Stephen James Lombardo brings this appeal from his conviction and sentence of trafficking in cocaine. Held: 1. Defendant, a former law enforcement official with Florida’s Metropolitan Dade County Police Department, first […]

141 S.E.2d 193 SORRELLS v. COLE. 40959.Court of Appeals of Georgia. DECIDED JANUARY 18, 1965. REHEARING DENIED FEBRUARY 8, 1965. 1. Where the sanctions of Code Ann. § 38-2111 were invoked for failure or refusal of a witness to answer interrogatories, the court where the original suit was filed could hold the witness in contempt […]

179 S.E.2d 648 REEVES v. MORGAN et al. 44689.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1970. QUILLIAN, Judge. This court, in its prior opinion written in this case (Reeves v. Morgan, 121 Ga. App. 481 (174 S.E.2d 460)), reversed the trial judge for the reasons given in Divisions 1, 5 and 7. The Supreme […]

681 S.E.2d 737 GEORGIA REAL ESTATE APPRAISERS BOARD v. KROUSE. No. A09A0385.Court of Appeals of Georgia. DECIDED JULY 14, 2009. BERNES, Judge. This appeal involves a disciplinary proceeding against a licensed appraiser, Ashby Roy Krouse, III. The Georgia Real Estate Appraisers Board initiated the disciplinary action to revoke Krouse’s state certified general real property appraiser […]

320 S.E.2d 575 STEGALL v. GUARDIAN LIFE INSURANCE COMPANY OF AMERICA. 68451.Court of Appeals of Georgia. DECIDED JUNE 26, 1984. REHEARING DENIED JULY 11, 1984. BANKE, Presiding Judge. The appellant, Willie C. Stegall, sued the appellee, Guardian Life Insurance Company of America (Guardian), to recover damages, a bad-faith penalty, and attorney fees for its failure […]

434 S.E.2d 581 GEORGIA MUTUAL INSURANCE COMPANY, INC. v. ROLLINS, INC. A93A0731.Court of Appeals of Georgia. DECIDED JULY 16, 1993. RECONSIDERATION DENIED JULY 29, 1993. ANDREWS, Judge. Georgia Mutual Insurance Company appeals the trial court’s grant of summary judgment to Rollins on the issue of liability. The following facts are relevant and undisputed. On March […]

549 S.E.2d 482 VICKERY et al. v. WASTE MANAGEMENT OF GEORGIA, INC. et al. JO-034 A01A0696.Court of Appeals of Georgia. DECIDED: MAY 17, 2001 JOHNSON, Presiding Judge. Kathy Vickery worked at the Fort Howard Paper Company. On January 27, 1997, she was killed at work when a company truck carrying large refuse containers backed over […]

449 S.E.2d 348 LONARD v. COOPER SUGRUE PROPERTIES, INC. A94A1810.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1994. ANDREWS, Judge. While raking leaves from a mobile home lot she rented from Cooper Sugrue Properties, Inc., Lonard stepped into a hole covered up by leaves and fell, sustaining injuries to her wrist. She brought this action […]

220 S.E.2d 778 WILLIAMS v. THE STATE. 51104.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1975. DECIDED OCTOBER 22, 1975. PANNELL, Presiding Judge. Appellant was indicted for robbery and armed robbery. He was tried with two co-defendants on the charge of robbery. A jury returned a verdict of guilty, and appellant was sentenced to twenty years […]

24 S.E.2d 864 VINES v. STATE OF GEORGIA. 29893.Court of Appeals of Georgia. DECIDED MARCH 19, 1943. The court erred in adjudging the defendant in contempt of court. DECIDED MARCH 19, 1943. Rule for contempt; from Fulton superior court — Judge Pomeroy. April 11, 1942. This is a contempt of court proceeding against Mrs. M. […]

182 S.E.2d 508 ARGONAUT INSURANCE COMPANY et al. v. ALLEN. 45864.Court of Appeals of Georgia.SUBMITTED JANUARY 12, 1971. DECIDED APRIL 14, 1971. REHEARING DENIED APRIL 30, 1971. When there has been personal consultation with the patient, a psychiatrist’s expert opinion concerning the cause of his mental condition is not subject to the objection that the […]

316 S.E.2d 185 HILL v. THE STATE. 67901.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1984. BANKE, Judge. On appeal from the defendant’s convictions of two counts of selling marijuana in violation of the Georgia Controlled Substances Act, his appointed counsel filed a motion to withdraw and supporting brief pursuant to Bethay v. State, 237 […]

528 S.E.2d 303 BOYLE v. THE STATE. A00A0396.Court of Appeals of Georgia. DECIDED: JANUARY 19, 2000. ELDRIDGE, Judge. A Fulton County jury found Chris Boyle guilty of aggravated assault for pulling a handgun on Charles Andrews outside the Ashby Street MARTA Station and ordering Andrews to “give it up.” Boyle appeals, raising two errors of […]

616 S.E.2d 466 FUN FIT ENTERPRISES, INC. et al. v. HALPERN ENTERPRISES, INC.; and vice versa. A05A0265, A05A0266.Court of Appeals of Georgia. DECIDED MAY 24, 2005. RECONSIDERATION DENIED JUNE 16, 2005. MILLER, Judge. These consolidated appeals arise out of the trial court’s grant of summary judgment to Halpern Enterprises, Inc. (Halpern) on its claims for […]

414 S.E.2d 530 YETMAN v. MITCHELL. A91A2000.Court of Appeals of Georgia. DECIDED DECEMBER 19, 1991. McMURRAY, Presiding Judge. J. Anthony Yetman, as administrator of the estate of his father, John Alfred Yetman, brought suit against Julia A. Mitchell in three counts, alleging wrongful retention of personalty belonging to the estate and wrongful use of bank […]

570 S.E.2d 422 BRYANT v. THE STATE. A02A1116.Court of Appeals of Georgia. DECIDED: AUGUST 22, 2002 BARNES, Judge. Earnest Leon Bryant appeals the denial of his motion for an out-of-time appeal. Following a jury trial and proceeding pro se, Bryant was convicted in October of 1995 of one count of trafficking in cocaine, Page 142 […]

172 S.E.2d 459 ST. PAUL FIRE MARINE INSURANCE COMPANY v. MOSE GORDON CONSTRUCTION COMPANY, INC. et al. 44904.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1969. DECIDED JANUARY 19, 1970. BELL, Chief Judge. Plaintiff brought this action to recover for damage to a drill that was being transported on the truck Page 34 of the defendant […]

61 S.E.2d 689 PARK v. THE STATE. 33131.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1950. The evidence authorized the verdict finding the defendant guilty of involuntary manslaughter in the commission of an unlawful act, and there being no merit in the special ground, the court did not err in overruling the motion for a […]

269 S.E.2d 923 WILLIAMS v. FIRST BANK TRUST COMPANY et al. HENDERSON v. FIRST BANK TRUST COMPANY et al. BROWN v. FIRST BANK TRUST COMPANY et al. FIRST BANK TRUST COMPANY v. WILLIAMS et al. 59859, 59860, 59861, 59862.Court of Appeals of Georgia.ARGUED MAY 7, 1980. DECIDED JUNE 16, 1980. BANKE, Judge. The First Bank […]