Category: Georgia Court of Appeals Opinions

212 S.E.2d 466 WADE v. THE STATE. 50039.Court of Appeals of Georgia.SUBMITTED JANUARY 13, 1975. DECIDED JANUARY 30, 1975. DEEN, Presiding Judge. The defendant was convicted of bastardy in the State Court of Clarke County, under a 1972 accusation reciting that Juanita Richardson had made affidavit of the facts before the Judge of the Magistrates […]

47 S.E.2d 288 FIRST NATIONAL BANK OF DALTON v. SOUTHERN COTTON OIL COMPANY. 31835.Court of Appeals of Georgia. DECIDED MARCH 18, 1948. REHEARING DENIED MARCH 31, 1948. The petition stated a cause of action, and the court did not err in overruling the defendant’s demurrers. DECIDED MARCH 18, 1948. REHEARING DENIED MARCH 31, 1948. Complaint; […]

443 S.E.2d 489 CITADEL CORPORATION v. SUN CHEMICAL CORPORATION et al. A94A0643.Court of Appeals of Georgia. DECIDED MARCH 17, 1994. RECONSIDERATION DENIED APRIL 12, 1994. BIRDSONG, Presiding Judge. Citadel Corporation appeals the grant of partial summary judgment which ruled that Citadel released $531,294 in claims by signing modifications and pay application releases. Citadel also contends […]

185 S.E.2d 557 CASTLEBERRY et al. v. GOLD AGENCY, INC. et al. 46375.Court of Appeals of Georgia.ARGUED JUNE 30, 1971. DECIDED OCTOBER 22, 1971. HALL, Presiding Judge. Plaintiffs in six actions for personal injury or wrongful death combine to appeal the grants of summary judgment to two of the defendants. These actions all arose out […]

671 S.E.2d 507 OVERTON v. THE STATE. DUDLEY v. THE STATE COLEMAN v. THE STATE (two cases). Nos. A08A1192, A08A1193, A08A1194, A08A1717.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 2008. RECONSIDERATION DENIED DECEMBER 15, 2008. BARNES, Chief Judge. Initially eight defendants were charged with the offenses leading to these appeals. Two defendants were granted new […]

156 S.E.2d 923 LOVETT et al. v. EMORY UNIVERSITY, INC. 42909.Court of Appeals of Georgia.ARGUED JUNE 30, 1967. DECIDED SEPTEMBER 6, 1967. 1. The furnishing of blood for transfusion by a hospital to a patient is incidental to the service provided by the hospital in the course of treatment, and is not a sales transaction […]

238 S.E.2d 268 STATE OF GEORGIA et al. v. PURMORT; and vice versa. 54292, 54293.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1977. DECIDED SEPTEMBER 19, 1977. WEBB, Judge. 1. The administrative law judge in this workmen’s compensation case found that claimant sustained an accidental injury arising out of and in the course of his employment […]

238 S.E.2d 442 CLARK v. AENCHBACHER. 54488.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1977. DECIDED SEPTEMBER 20, 1977. WEBB, Judge. Clark contracted to build for Aenchbacher a residence on his lot for $36,700 according to plans and specifications. Clark was an experienced builder, having constructed some six to eight hundred dwellings. Construction was completed on […]

630 S.E.2d 567 KONCUL ENTERPRISES, INC. et al. v. FLEET FINANCE, INC. et al. A06A0271.Court of Appeals of Georgia. DECIDED APRIL 20, 2006. ANDREWS, Presiding Judge. A homebuilder sued a financing company, alleging that the financing company had breached its contracts and committed a variety of torts when it misquoted balances on and assigned away […]

330 S.E.2d 160 DUNCAN v. BALL et al.; and vice versa. COBB BANK TRUST COMPANY v. DUNCAN. 69565, 69567, 69568, 69566.Court of Appeals of Georgia. DECIDED MARCH 29, 1985. REHEARINGS DENIED MARCH 29, 1985. BEASLEY, Judge. The main appeal (69565) was taken from the order of the trial judge dismissing the appeal for the failure […]

135 S.E.2d 477 VAN NORDEN et al. v. AUTO CREDIT COMPANY, INC. 40356.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1964. 1. Where no error is assigned on the judgment overruling the motion for a new trial on the general grounds, and there is no proper assignment of error in the bill of exceptions on […]

35 S.E.2d 381 BREWER v. THE STATE. 30959.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1945. MacINTYRE, J. The defendant was convicted of burglary. The evidence amply authorized the verdict, and no special assignment of error shows cause for another hearing of the case. The refusal to grant a new trial was not error. Judgment […]

538 S.E.2d 523 EWELL v. THE STATE. A00A0982.Court of Appeals of Georgia. DECIDED: AUGUST 21, 2000. RUFFIN, Judge. Richard Ewell was cited for violating a Cherokee County ordinance by failing to provide adequate soil erosion control on a construction project. The county subsequently issued a formal accusation charging him with violating the ordinance. Ewell filed […]

303 S.E.2d 71 COX v. BRAZO et al. 65172.Court of Appeals of Georgia. DECIDED MARCH 10, 1983. REHEARINGS DENIED MARCH 24, 1983. SOGNIER, Judge. Shelva Cox sued Robert Brazo and The Krystal Company (Krystal) for personal injuries resulting from Brazo’s alleged sexual harassment of Cox, and malicious and false statements made about Cox; Cox also […]

180 S.E.2d 587 BELL v. THE STATE. 45958.Court of Appeals of Georgia.SUBMITTED FEBRUARY 2, 1971. DECIDED FEBRUARY 11, 1971. EVANS, Judge. The defendant was indicted for murder. He was thereafter tried and convicted of voluntary manslaughter, and sentenced to serve 20 years. He appeals from the judgment and sentence. Error is enumerated on the following: […]

331 S.E.2d 8 ROBINSON et al. v. ROBINSON; and vice versa. 70062, 70108.Court of Appeals of Georgia. DECIDED APRIL 3, 1985. REHEARING DENIED APRIL 29, 1985. BANKE, Chief Judge. The defendants in this medical malpractice action moved for summary judgment based on a sworn affidavit to the effect that no negligence had occurred and also […]

79 S.E.2d 582 LANGFORD v. SPAIN et al. 34895.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1953. REHEARING DENIED DECEMBER 17, 1953. CARLISLE, J. 1. Where a man dies intestate leaving no wife and no relatives except one daughter and the seven children of two deceased sons, if all the said surviving relatives are sui […]

510 S.E.2d 46 ELLIOTT et al. v. McDANIEL. A96A1737.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1998. RECONSIDERATION DISMISSED DECEMBER 16, 1998 — CERT. APPLIED FOR. BLACKBURN, Judge. In Elliott v. McDaniel, 224 Ga. App. 848 (5) (483 S.E.2d 104) (1996), this Court imposed the punitive damages cap of OCGA §51-12-5.1 (g) on the basis […]

420 S.E.2d 776 MULLE v. YOUNT. A92A0578.Court of Appeals of Georgia. DECIDED JUNE 25, 1992. RECONSIDERATION DENIED JULY 10, 1992. BEASLEY, Judge. We granted the father’s application for a discretionary appeal from an order granting the mother’s petition for modification of visitation privileges. OCGA § 5-6-35 (a) (2). Joint legal custody of their minor son […]

524 S.E.2d 746 MASSINGILL v. THE STATE. A99A1877.Court of Appeals of Georgia. DECIDED: NOVEMBER 4, 1999. ELDRIDGE, Judge. Johnathan Anthony Massingill appeals from a Cobb County jury verdict finding him guilty of reckless conduct and terroristic threats arising from an incident wherein Massingill became intoxicated; fired a pistol in the air to frighten his brother […]

405 S.E.2d 313 CULBERTSON v. THE STATE. A91A0517.Court of Appeals of Georgia. DECIDED APRIL 1, 1991. McMURRAY, Presiding Judge. This is the second appearance of this case in this Court. Previously, this Court reversed defendant’s conviction because the trial court declined to give a written request to charge with respect to defendant’s Page 490 failure […]

474 S.E.2d 632 RISER v. THE STATE. A96A1281.Court of Appeals of Georgia. DECIDED JULY 18, 1996. BLACKBURN, Judge. Kenneth Riser appeals his conviction for possession of drugs by an inmate. As his sole enumeration of error, Riser contends that the trial court erred in holding that he was afforded effective assistance of counsel. In support […]

63 S.E.2d 451 CAPITOL DISTRIBUTING CO. et al. v. THE STATE. 33319.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1951. An indictment based on Chapter 58-10 of the Code Supplement (act approved February 3, 1938, to tax, legalize and control alcoholic beverages and liquors) in which it is attempted to charge the unlawful sales of […]

491 S.E.2d 402 EAKIN v. MEIGHEN. A97A1097.Court of Appeals of Georgia. DECIDED AUGUST 7, 1997 — RECONSIDERATION DENIED AUGUST 20, 1997. RUFFIN, Judge. Michael Eakin appeals the trial court’s grant of summary judgment to Joseph Meighen, by which it ordered Eakin and two other defendants to pay Meighen $40,000 pursuant to two contracts. For reasons […]

288 S.E.2d 233 BOWEN v. CLAYTON COUNTY HOSPITAL AUTHORITY et al. 63297.Court of Appeals of Georgia. DECIDED JANUARY 5, 1982. POPE, Judge. Appellee moves to dismiss this appeal for the reason that the notice of appeal was filed more than thirty days after the entry of the final judgment. Code Ann. § 6-803(a). It appears […]

453 S.E.2d 749 LEMIEUX v. BLUE CROSS BLUE SHIELD OF GEORGIA, INC. A94A2556.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1994. RECONSIDERATION DENIED FEBRUARY 6, 1995. CERT. APPLIED FOR. BIRDSONG, Presiding Judge. Kelly Lemieux’s physician sued her for payment for services rendered in delivering Lemieux’s child by cesarean section. Blue Cross Blue Shield of Georgia, […]

67 S.E.2d 828 TAYLOR v. STATE. 33732.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1951. The sentence here under consideration was an alternative sentence providing that upon payment of the fine and costs the defendant should be discharged, for which reason it was error, after payment of said fine and costs, to treat the sentence […]

402 S.E.2d 341 BROWN v. THE STATE. A90A1840.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1991. POPE, Judge. Defendant Willie Lee Brown was indicted and convicted on two counts of selling cocaine to an undercover officer. We affirm. 1. Both counts of the indictment charge the defendant with selling cocaine to the undercover agent. The […]

67 S.E.2d 735 SMITH v. SANDERS, administrator. 33645.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1951. SUTTON, C. J. 1. “A widow’s right to a year’s support under the Code, § 113-1002, survives her death, and her legal representative may apply for and have it set apart to her estate in as ample, full, and […]

533 S.E.2d 793 WILLIAMS v. THE STATE. A00A1200.Court of Appeals of Georgia. DECIDED: APRIL 14, 2000. McMURRAY, Senior Appellate Judge. Defendant, Gibson Williams, was convicted in 1991 of kidnapping with bodily injury, robbery by intimidation, possession of less than one ounce of marijuana, and criminal use of a firearm with an altered identification mark. Williams […]

670 S.E.2d 543 CSX TRANSPORTATION, INC. v. McDOWELL. No. A08A0849.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 2008. PHIPPS, Judge. Earnest McDowell brought an action pursuant to the Federal Employers’ Liability Act (FELA) against CSX Transportation, Inc., alleging that he was injured as a result of occupational exposure to a chemical released from a train […]

56 S.E.2d 197 CULVER v. THE STATE. 32582.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1949. 1. The failure to charge in substance Code § 38-109 dealing with the sufficiency of circumstantial evidence in criminal cases is reversible error, even in the absence of a timely written request, where a verdict of guilty is based […]

14 S.E.2d 602 DeLOACH v. THE STATE. 28935.Court of Appeals of Georgia. DECIDED MAY 6, 1941. The evidence authorized the verdict; and none of the special assignments of error shows cause for reversal of the judgment. DECIDED MAY 6, 1941. Cheating and swindling; from Dublin city court — Judge Stephens. December 12, 1940. Page 37 […]

245 S.E.2d 69 WHARTON et al. v. STATE. 55694.Court of Appeals of Georgia.SUBMITTED APRIL 6, 1978. DECIDED MAY 9, 1978. QUILLIAN, Presiding Judge. The defendants appeal their convictions for attempted theft and aggravated assault. Held: 1. The Supreme Court in State v. Middlebrooks, 236 Ga. 52 (222 S.E.2d 343), has already adversely decided the Page […]

391 S.E.2d 657 THE STATE v. CHAMBERS. A89A2311.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1990. REHEARING DENIED FEBRUARY 22, 1990. CARLEY, Chief Judge. Appellee was indicted for kidnapping, possession of a firearm during commission of a felony, providing a firearm to a person under 21, driving without a license, possession of a firearm by […]

205 S.E.2d 13 ORKIN EXTERMINATING COMPANY, INC. v. MIXON. 49065.Court of Appeals of Georgia.SUBMITTED FEBRUARY 7, 1974. DECIDED FEBRUARY 14, 1974. EBERHARDT, Presiding Judge. J. F. Mixon[1] brought suit on a contract against Orkin Exterminating Company, Inc., under which Orkin undertook to treat plaintiff’s house for subterranean termites and control their infestation. It was alleged […]

305 S.E.2d 476 AVERY v. THE STATE. 65644.Court of Appeals of Georgia. DECIDED MAY 27, 1983. CARLEY, Judge. Appellant appeals from an order revoking his probation on the ground that he had committed the crimes of motor vehicle theft and theft by taking. Appellant’s sole enumeration of error is that the evidence did not authorize […]

125 S.E.2d 713 PORTER v. BLAND. 39323.Court of Appeals of Georgia. DECIDED APRIL 4, 1962. 1. A material misstatement by the court of a defendant’s contention which could be interpreted by the jury as an admission of negligence is prejudicial error. 2. Where a new trial is granted on other grounds, it is unnecessary for […]

233 S.E.2d 444 FORD MOTOR COMPANY v. CARTER. 53067.Court of Appeals of Georgia.ARGUED NOVEMBER 3, 1976. DECIDED FEBRUARY 7, 1977. REHEARING DENIED FEBRUARY 24, 1977. McMURRAY, Judge. This case involves wrongful death. Plaintiff’s husband’s demise was occasioned by reason of the operation of a motor vehicle manufactured by Ford Motor Co. The action is brought […]

525 S.E.2d 374 BRAND v. UNIVERSITY HOSPITAL. A99A1514.Court of Appeals of Georgia. DECIDED: NOVEMBER 16, 1999. ANDREWS, Presiding Judge. Christine Brand appeals from the trial court’s grant of University Hospital’s motion for summary judgment on her false imprisonment claim. Because we find Brand submitted sufficient evidence to create a jury issue on this claim, we […]

13 S.E.2d 41 PUGH v. THE STATE. 28793.Court of Appeals of Georgia. DECIDED JANUARY 20, 1941. Considering the evidence in this case in its most favorable light to upholding the verdict of guilty, the judge (without a jury) was authorized to find that the accused was guilty of violating the motor-vehicle law, and that it […]

330 S.E.2d 760 WHITE v. THE STATE. 69839.Court of Appeals of Georgia. DECIDED APRIL 10, 1985. SOGNIER, Judge. Appellant was convicted in the State Court of Chatham County of operating a boat at night without proper lights, and of unlawful Page 532 shrimping in closed waters with a power drawn net. 1. Appellant contends the […]

61 S.E.2d 439 SCONYERS v. PIERCE. 33046.Court of Appeals of Georgia. DECIDED OCTOBER 6, 1950. The evidence authorized the verdict, and the trial court did not err in overruling the motion for a new trial. DECIDED OCTOBER 6, 1950. Complaint; from Swainsboro City Court — Judge Powell. February 4, 1950. H. Alonzo Woods, for plaintiff […]

209 S.E.2d 727 JONES v. THE STATE. 49739.Court of Appeals of Georgia.SUBMITTED OCTOBER 2, 1974. DECIDED OCTOBER 17, 1974. PANNELL, Presiding Judge. The appellant was indicted, tried and convicted on two counts of sale of narcotics — heroin. The jury, at the sentence hearing, sentenced appellant to 10 years on each count. The trial judge, […]

644 S.E.2d 919 ATTAWAY v. THE STATE. No. A07A0880.Court of Appeals of Georgia. DECIDED APRIL 10, 2007. BLACKBURN, Presiding Judge. Following a jury trial, Larry Allen Attaway was convicted of statutory rape.[1] He appeals his conviction, sentence, and the denial of his motion for new trial, arguing that the trial court erred in failing to […]

270 S.E.2d 48 DELANEY v. THE STATE. 59730.Court of Appeals of Georgia.SUBMITTED APRIL 9, 1980. DECIDED JUNE 2, 1980. SHULMAN, Judge. Defendant was convicted of two counts of aggravated assault and one count of aggravated battery. We affirm. 1. Notwithstanding the trial court’s instructions to the jury to disregard a question posed by the prosecuting […]

118 S.E.2d 231 SAMUELS et al. v. THE STATE. 38599.Court of Appeals of Georgia. DECIDED JANUARY 18, 1961. The evidence authorized the conviction of the defendants of the offense of violating Code § 26-5301. DECIDED JANUARY 18, 1961. Unlawful assembly. Savannah City Court. Before Judge Alexander. B. Clarence Mayfield, E. H. Gadsden, for plaintiffs in […]

603 S.E.2d 523 COLLINS v. THE STATE. A04A1081.Court of Appeals of Georgia. DECIDED AUGUST 17, 2004. SMITH, Chief Judge. Terry Collins was found guilty by a Glynn County jury of trafficking in cocaine.[1] His motion for new trial was denied, and he appeals, asserting that his motion for continuance should have been granted and that […]

461 S.E.2d 587 COWAN v. THE STATE. A95A1297.Court of Appeals of Georgia. DECIDED AUGUST 30, 1995. POPE, Presiding Judge. Defendant was convicted by a jury of reckless conduct, a misdemeanor. See OCGA § 16-5-60 (b). In two enumerations of error, he challenges the sufficiency of the evidence against him. Specifically, he argues that his conduct […]

198 S.E.2d 514 AMOS v. AMERICAN MUTUAL INSURANCE COMPANY et al. 48208.Court of Appeals of Georgia.SUBMITTED MAY 4, 1973. DECIDED MAY 11, 1973. EBERHARDT, Presiding Judge. There being sufficient competent evidence in the record to support the findings of fact and award in this workmen’s compensation case, the judgment of the superior court affirming the […]

418 S.E.2d 163 HAIRE v. SUBURBAN AUTO BODY, INC. A92A0329.Court of Appeals of Georgia. DECIDED APRIL 15, 1992. SOGNIER, Chief Judge. Scott Haire brought an action against Suburban Auto Body, Inc. (Suburban) to recover his car, which had been retained by Suburban pending satisfaction of a repair bill pursuant to OCGA §40-3-54. Suburban answered, asserting […]

13 S.E.2d 35 HATEM v. THE STATE. 28790.Court of Appeals of Georgia. DECIDED JANUARY 22, 1941. 1. While evidence as to the mere reputation of the house being kept as a lewd house is admissible, yet this will not be sufficient to convict under the Code, § 26-6102, if wholly uncorroborated. 2. A wife may […]

138 S.E.2d 735 DICKEY et al. v. MINGLEDORFF. 40884.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1964. The petition for attorney’s fees, alleging the plaintiffs’ performance of all the contracted services for which the defendant had given them two promissory notes, namely: services in connection with a divorce action against the defendant, which notes she […]

364 S.E.2d 639 FARMER v. THE STATE. 75102.Court of Appeals of Georgia. DECIDED JANUARY 12, 1988. CARLEY, Judge. Appellant was tried before a jury on a four-count indictment: Count One alleged that appellant had operated a motor vehicle after he had been declared to be an habitual violator; Count Two alleged that appellant had been […]

291 S.E.2d 63 CARVER v. BATTEY MACHINERY COMPANY. 63249.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1982. BANKE, Judge. In a prior action, the plaintiff, Battey Machinery Company, obtained a judgment against Carver Plumbing and Heating, Inc., a corporation whose sole stockholder, Duel Carver, is the defendant in this case. The judgment was based upon […]

241 S.E.2d 586 BAIN v. THE STATE. 54898.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1977. DECIDED JANUARY 4, 1978. BIRDSONG, Judge. Motor vehicle theft. From a conviction by a jury of motor vehicle theft, Bain appeals. Held: 1. Appellant’s first enumeration of error raises the general grounds. “`As to the general grounds, this court is […]

244 S.E.2d 607 ELLIS v. THE STATE. 55347.Court of Appeals of Georgia.SUBMITTED JANUARY 31, 1978. DECIDED APRIL 11, 1978. SHULMAN, Judge. Defendant was convicted of the misdemeanor offense of abandonment of his minor child. 1. The first enumeration of error contends that the evidence was not sufficient to sustain the state’s burden of proving the […]

128 S.E.2d 552 WHITEHEAD v. THE STATE. 39818.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1962. “Where the charge in a criminal case is so obscure or confused as not to enlighten the jury on the law of the case a new trial will result.” Thomas v. State, 67 Ga. 767. DECIDED NOVEMBER 14, 1962. […]

186 S.E.2d 502 REECE v. THE STATE. 46600.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1971. DECIDED NOVEMBER 18, 1971. EBERHARDT, Judge. Craig Junior Reece was indicted and convicted of automobile larceny. His motion for new trial, on the general grounds only, was overruled and he appeals. Held: 1. The principal issue on which a reversal […]

570 S.E.2d 85 WORTHINGTON v. THE STATE. A02A1532.Court of Appeals of Georgia. DECIDED: AUGUST 8, 2002. MILLER, Judge. Following a jury trial, Stacy Franklin Worthington was convicted on one count of committing terroristic threats. In his sole enumeration of error on appeal, Worthington contends that the trial court erred in denying his motion for a […]

635 S.E.2d 322 WALKER v. BRUHN. No. A06A1449.Court of Appeals of Georgia. DECIDED JULY 28, 2006. RECONSIDERATION DENIED AUGUST 16, 2006. ANDREWS, Presiding Judge. David Walker appeals from the trial court’s grant of summary judgment to Chuck Bruhn d/b/a Best Pawn (Bruhn’s) on Walker’s personal injury claim. Walker sued Bruhn after being injured by a […]

274 S.E.2d 166 KALB et al. v. GWINNETT COMMERCIAL BANK et al. 58406.Court of Appeals of Georgia.ARGUED SEPTEMBER 25, 1979. DECIDED NOVEMBER 5, 1980. SOGNIER, Judge. The judgment of this court in the above-styled case was reversed by the Supreme Court of Georgia, 246 Ga. 228 (1980). Accordingly, our opinion in Kalb v. Gwinnett Commercial […]

422 S.E.2d 915 THE STATE v. FRYE. A92A0783.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1992. SOGNIER, Chief Judge. David Frye was indicted on a charge of robbery. At trial, after a jury was selected but before the jury was sworn, Frye moved in limine to exclude evidence of both an out-of-court identification Frye alleged […]

523 S.E.2d 904 BRASWELL v. THE STATE. A99A2218.Court of Appeals of Georgia. DECIDED: OCTOBER 21, 1999. ELLINGTON, Judge. Following a bench trial at which she represented herself, Beverly Braswell was convicted of two counts[1] of deposit account fraud, OCGA § 16-9-20, and was sentenced to serve four months in jail and the remainder of her […]

152 S.E.2d 667 PONCE DE LEON PROPERTIES, INC. v. WALTON et al. 42258.Court of Appeals of Georgia.ARGUED SEPTEMBER 13, 1966. DECIDED OCTOBER 28, 1966. REHEARING DENIED NOVEMBER 14, 1966. HALL, Judge. On December 30, 1965, the plaintiff lessor sued the defendant lessee on a lease contract for the term July 1965 through June 1966, alleging […]

6 S.E.2d 420 GINN et al. v. MORRIS PLAN BANK OF PORTSMOUTH. 27733.Court of Appeals of Georgia. DECIDED DECEMBER 19, 1939. The court did not err in directing the verdict for the claimant. DECIDED DECEMBER 19, 1939. Attachment; from Clarke superior court — Judge Fortson. April 6, 1939. Eugene A. Epting, for plaintiffs. Rupert A. […]

21 S.E.2d 866 BOND v. THE STATE. 29682.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1942. 1. In a trial for assault with intent to murder the extent of the injury does not necessarily determine the degree of the crime. To sustain a charge of assault with intent to murder, it must appear that there […]

488 S.E.2d 699 NATIONSBANK, N. A. (SOUTH) v. PEAVY. A97A0757.Court of Appeals of Georgia. DECIDED JULY 3, 1997. McMURRAY, Presiding Judge. This is an interlocutory appeal from a denial of summary judgment in a suit on a note. The original plaintiff, Bank South, sought and obtained permission to file an appeal from the state court’s […]

591 S.E.2d 369 KIDD v. FIRST COMMERCE BANK et al. A03A0972.Court of Appeals of Georgia. DECIDED: NOVEMBER 13, 2003 MIKELL, Judge. Verner L. Kidd and Gwendolyn E. Kidd filed a pro se action in 1998 against First Commerce Bank (“FCB”), Boswell Oil Co., Inc. (“BOC”), and their presidents, asserting violations of the Racketeer Influenced and […]

373 S.E.2d 78 HARRISON v. THE STATE. 76757.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1988. POPE, Judge. The defendant appeals, pro se, his conviction of the offense of being an habitual violator. 1.(a) Defendant first argues the indictment was insufficient because it did not allege a date, time or place. The record shows, however, […]

466 S.E.2d 692 DAVES v. SHEPHERD SPINAL CENTER, INC. ET AL. A95A2727Court of Appeals of Georgia. DECIDED JANUARY 11, 1996 — CERT. APPLIED FOR. BLACKBURN, Judge. Nancy Daves appeals the trial court’s grant of summary judgment against her claim for personal injuries sustained while she watched the running of Atlanta’s annual Peachtree Road Race. Page […]

205 S.E.2d 445 JESTER v. THE STATE. 49050.Court of Appeals of Georgia.SUBMITTED FEBRUARY 4, 1974. DECIDED MARCH 13, 1974. QUILLIAN, Judge. The appellant’s enumeration of error is without merit. Se Jester v. State, 131 Ga. App. 129. Page 271 Judgment affirmed. Bell, C.J., and Clark, J., concur. SUBMITTED FEBRUARY 4, 1974 — DECIDED MARCH 13, […]

427 S.E.2d 857 WILBRO et al. v. MOSSMAN; and vice versa. A92A2026, A92A2027.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1993. POPE, Chief Judge. This appeal (Case No. A92A2026) and cross-appeal (Case No. A92A2027) arise from a claim for workers’ compensation benefits by Marsha Mossman against her employer Wilbro. The facts as found by the […]

267 S.E.2d 309 BOWERS v. THE STATE. 59455.Court of Appeals of Georgia.ARGUED FEBRUARY 5, 1980. DECIDED MARCH 13, 1980. McMURRAY, Presiding Judge. Defendant was indicted, tried, and convicted of the offense of motor vehicle theft. He was sentenced to serve a term of four years and defendant appeals. Held: 1. The first enumeration of error […]

327 S.E.2d 233 LAMB v. THE STATE. 70089.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1985. BEASLEY, Judge. The State has filed a motion to dismiss an attempted directs appeal from an order of the Superior Court of DeKalb County, entered November 1, 1984, revoking the appellant’s probation Held: Appellant has filed a “Bill of […]

419 S.E.2d 495 BONILLA v. THE STATE. A92A0412.Court of Appeals of Georgia. DECIDED MAY 13, 1992. RECONSIDERATION DENIED JUNE 3, 1992. BIRDSONG, Presiding Judge. Jose Z. Bonilla appeals from the jury verdict of guilty and judgment of conviction of armed robbery and possession of cocaine, the sentence, and the denial of his new trial motion. […]

305 S.E.2d 591 BRASELTON et al. v. ROBINSON. 65955.Court of Appeals of Georgia. DECIDED APRIL 18, 1983. REHEARING DENIED JUNE 15, 1983. DEEN, Presiding Judge. The sole issue in this appeal from the grant of summary judgment is whether one Thomas Pickett acted as agent for appellants when he assumed a debt to the Federal […]

409 S.E.2d 683 GARCIA v. THE STATE. A91A0538.Court of Appeals of Georgia. DECIDED JULY 16, 1991. RECONSIDERATION DENIED JULY 30, 1991. BEASLEY, Judge. On appeal from his conviction of trafficking in cocaine, OCGA § 16-13-31, appellant contends that the trial court erred in denying his motion to suppress the contraband on which the prosecution was […]

318 S.E.2d 182 HARRIMAN v. THE STATE. 68139.Court of Appeals of Georgia. DECIDED APRIL 19, 1984. POPE, Judge. After a trial by jury, appellant was convicted of the offense of rape and sentenced to serve ten years in prison. Appellant appeals his conviction and the subsequent denial of his motion for new trial. 1. Appellant […]

179 S.E.2d 286 ANDERSON v. THE STATE. 45778.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1970. DECIDED DECEMBER 2, 1970. 1. Where in connection with other suspicious circumstances a police officer looking into an automobile saw in plain view a large quantity of loose money and other paraphernalia which might reasonably have been used as burglary […]

587 S.E.2d 393 SAYE v. THE STATE. A03A1171.Court of Appeals of Georgia. DECIDED: SEPTEMBER 16, 2003 SMITH, Chief Judge. James Lamar Saye was indicted by a Cherokee County grand jury on two counts of vehicular homicide, one count of driving under the influence, one count of reckless driving, and three counts of violation of the […]

527 S.E.2d 30 IN THE INTEREST OF V. H. W. and S. D. R. W., children. A00A0125.Court of Appeals of Georgia. DECIDED: DECEMBER 7, 1999. MCMURRAY, Presiding Judge. On September 15, 1998, the Madison County Department of Family Children Services (DFACS) petitioned to terminate the parental rights of M. W., natural mother, in the minor […]

290 S.E.2d 320 PADGETT v. LAMBETH et al. 63475.Court of Appeals of Georgia. DECIDED APRIL 14, 1982. REHEARING DENIED MAY 19, 1982. McMURRAY, Presiding Judge. This case involves an action filed by plaintiff for damages resulting from injuries he sustained when the motorcycle he was operating was involved in a collision with defendants’ hunting dog. […]

370 S.E.2d 520 TAYLOR v. COLWELL MORTGAGE CORPORATION. 76277.Court of Appeals of Georgia. DECIDED JUNE 2, 1988. McMURRAY, Presiding Judge. Plaintiff Colwell Mortgage Corporation filed this action against defendant Taylor alleging wrongful interference with plaintiff’s efforts to complete a nonjudicial repossession of a mobile home. Defendant answered and counterclaimed. Prior to trial summary judgment was […]

19 S.E.2d 188 POLLARD, receiver, v. JEFFERS-BONNER COMPANY. 29239.Court of Appeals of Georgia. DECIDED MARCH 12, 1942. Where a car of tin cans and cartons is delivered to an initial carrier which routes the car either upon its own judgment or at the direction of the consignor, a delivering carrier, other than the initial carrier, […]

526 S.E.2d 137 PARKS et al. v. BREEDLOVE. A99A1058.Court of Appeals of Georgia. DECIDED: NOVEMBER 23, 1999. PHIPPS, Judge. Preston Breedlove obtained a jury verdict against Wayne and Sandra Parks for expenses he incurred in the construction of their home. The Parkses filed a motion for new trial, claiming that the verdict is contrary to […]

713 S.E.2d 456 INFINITE ENERGY, INC. v. PARDUE et al. No. A11A0293.Court of Appeals of Georgia. DECIDED JUNE 30, 2011. MIKELL, Judge. Infinite Energy, Inc., a Florida-based natural gas marketer, filed a defamation action against attorney David L. Pardue, the law firm of Hartman, Simons, Spielman Wood, LLP (“HSSW”), and Poston Communications, LLC, alleging that […]

63 S.E.2d 408 JOHNSTON v. DOLLAR; and vice versa. 33340, 33341.Court of Appeals of Georgia. DECIDED JANUARY 27, 1951. 1. The order purporting to vacate an order entered at a previous term of court was void; but the plaintiff, by moving for such a void order, did not thereby waive his right to bring error […]

253 S.E.2d 459 SUPERIOR RIGGING ERECTING COMPANY, INC. v. WORLD OF SID MARTY KROFFT et al. 56788.Court of Appeals of Georgia.ARGUED OCTOBER 12, 1978. DECIDED FEBRUARY 21, 1979. SHULMAN, Judge. After defendants (alleged by plaintiff to be members in a joint venture) refused to pay plaintiff $19,315 for services rendered in redesigning and correcting structural […]

34 S.E.2d 641 WILLIS v. THE STATE. 30906.Court of Appeals of Georgia. DECIDED JUNE 22, 1945. The evidence is sufficient to sustain the verdict. DECIDED JUNE 22, 1945. Certiorari; from Fulton superior court — Judge Pomeroy. April 2, 1945. John F. Echols, for plaintiff in error. Lindley W. Camp, solicitor, E. E. Andrews, solicitor-general, Durwood […]

132 S.E.2d 838 LEDBETTER-JOHNSON COMPANY v. THACKER. 40233.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1963. In a suit for damages for personal injuries caused by the defendant contractor’s alleged negligence in failing to place any warning devices along a State-aid road in the process of construction, an allegation that “the defendant was in complete […]

612 S.E.2d 900 COLLIE CONCESSIONS, INC. et al. v. BRUCE. A04A1735.Court of Appeals of Georgia. DECIDED MARCH 30, 2005. MIKELL, Judge. We granted Collie Concessions, Inc.’s application for a discretionary appeal to review the order of the superior court reversing the appellate division of the State Board of Workers’ Compensation’s adoption of the administrative law […]

440 S.E.2d 723 CANNON v. THE STATE. A93A2178.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1994. POPE, Chief Judge. James Henry Cannon and two female companions were jointly indicted and tried for possession of cocaine with intent to distribute. The two companions were acquitted of all charges. Defendant Cannon was found guilty of the lesser […]

289 S.E.2d 530 CLARK v. THE STATE. 63045.Court of Appeals of Georgia. DECIDED MARCH 16, 1982. POPE, Judge. Appellant Charles Clark, Jr. was convicted of burglary, rape, and two counts of aggravated sodomy of a seventy-year-old woman. He was sentenced to a total of seventy years for the offenses, twenty of Page 666 which were […]

83 S.E.2d 25 WATERS v. THE STATE. 35231.Court of Appeals of Georgia. DECIDED JULY 7, 1954. A conviction for the violation of Code § 68-307, penalizing the operation of a motor vehicle while under the influence of intoxicants, is unauthorized where there is no evidence that the defendant was intoxicated while driving the automobile, and […]

272 S.E.2d 568 HOBBS et al. v. CROW, POPE LAND ENTERPRISES INC. et al. 60035.Court of Appeals of Georgia.ARGUED JUNE 2, 1980. DECIDED SEPTEMBER 12, 1980. BIRDSONG, Judge. Fulton Superior Court entered an order dismissing the appellant’s suit with prejudice, on April 16, 1979. Appellant filed a “motion for new hearing and to reconsider order” […]

618 S.E.2d 702 KUEHNE v. THE STATE. A05A1551.Court of Appeals of Georgia. DECIDED JULY 27, 2005. BLACKBURN, Presiding Judge. Following a jury trial, Marshall Kent Kuehne appeals his conviction for driving under the influence to the extent that he was less safe to drive and failure to maintain lane, contending that: (1) the evidence was […]

188 S.E.2d 273 CALHOUN et al. v. HERRIN. 46815.Court of Appeals of Georgia.ARGUED JANUARY 10, 1972. DECIDED JANUARY 28, 1972. REHEARING DENIED FEBRUARY 21, 1972. HALL, Presiding Judge. Defendants in a personal injury action appeal from the judgment and from the denial of their motion for new trial. There are three individual defendants in this […]

24 S.E.2d 67 FRANKLIN v. THE STATE. 29911.Court of Appeals of Georgia. DECIDED JANUARY 22, 1943. BROYLES, C. J. The defendant was convicted in the criminal court of Fulton County of possessing non-tax-paid whisky; his certiorari was overruled by a judge of the superior court, and exceptions to that judgment were taken. The evidence contained […]

433 S.E.2d 293 DOWDY v. THE STATE. A93A0263.Court of Appeals of Georgia. DECIDED MAY 10, 1993. RECONSIDERATION DENIED JULY 1, 1993. BIRDSONG, Presiding Judge. Eddie Dowdy appeals his conviction for possession of cocaine. His sole enumeration of error contends the trial court erred by denying his motion to suppress the cocaine because the search and […]