Category: Georgia Court of Appeals Opinions

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 […]

507 S.E.2d 490 LAWRENCE v. THE STATE A98A2269.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1998. BEASLEY, Judge. Having negotiated a plea agreement of fifteen years to serve six and a $90,000 fine, Renee Lawrence pled guilty to conspiracy to defraud the State (OCGA § 16-10-21 (a)) and Medicaid fraud (OCGA §49-4-146.1 (b) (2)). A […]

187 S.E.2d 299 SMITH v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. 46715.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1971. DECIDED JANUARY 6, 1972. HALL, Presiding Judge. Claimant appeals from the judgment of the superior court affirming an award of the State Board of Workmen’s Compensation. Claimant’s husband (Smith) was employed as a truck driver-delivery […]

328 S.E.2d 753 HODSDON v. WHITWORTH et al. 69169.Court of Appeals of Georgia. DECIDED MARCH 14, 1985. McMURRAY, Presiding Judge. After having been tried three times, the plaintiff once again brings this case before this court for resolution. In our previous decisions, Page 864 we ruled that as a result of the defendant’s actions, the […]

179 S.E.2d 542 DAYLIGHT INDUSTRIES, INC. v. ALLEN et al. 45733.Court of Appeals of Georgia.SUBMITTED NOVEMBER 2, 1970. DECIDED DECEMBER 3, 1970. JORDAN, Presiding Judge. Daylight Industries, Inc., d/b/a Daylight Grocery Company, sued W. R. Allen, Jr. and J. C. Adams as individuals for the unpaid balance due on an account. The defendants moved to […]

643 S.E.2d 350 KOHLHAAS v. THE STATE. No. A06A2038.Court of Appeals of Georgia. DECIDED MARCH 8, 2007. ELLINGTON, Judge. A Cobb County jury found Kimberlie Kohlhaas guilty beyond a reasonable doubt of six counts of felony theft by taking, OCGA § 16-8-2, and six counts of felony theft by conversion, OCGA § 16-8-4 (a). Kohlhaas […]

548 S.E.2d 431 CIBA VISION CORPORATION v. JACKSON. A00A2123.Court of Appeals of Georgia. DECIDED: MARCH 21, 2001. POPE, Presiding Judge. CIBA Vision Corporation, a Delaware corporation, manufactures contact lenses in Georgia and also warehouses in Georgia ophthalmic drugs that were purchased out of state. As a part of its marketing strategy, CIBA gives away free […]

578 S.E.2d 163 SHIRLEY v. THE STATE. A03A0182.Court of Appeals of Georgia. Decided February 6, 2003 BLACKBURN, Presiding Judge. Following his conviction for voluntary manslaughter, Perry Shirley appeals, arguing that the trial court erred in instructing the jury that it could infer the intent to kill from the use of a deadly weapon. Because we […]

379 S.E.2d 429 BRADY et al. v. DANDRIDGE et al. 77923.Court of Appeals of Georgia. DECIDED MARCH 1, 1989. SOGNIER, Judge. Susanne and Ralph Dandridge brought suit against Re/Max Northeast, Inc., Gwinnett, a real estate brokerage firm, and Harold Brady, a Re/Max sales associate, for breach of fiduciary duty and fraud arising out of a […]

42 S.E.2d 383 McDANIEL v. SELMAN. 31552.Court of Appeals of Georgia. DECIDED APRIL 10, 1947. 1. A court of ordinary has no jurisdiction to try and determine conflicting claims of ownership of property, arising between a widow applying for the setting apart of a year’s support and a person asserting title adversely to the estate […]

522 S.E.2d 731 McENTYRE v. McRAE et al. A99A1936.Court of Appeals of Georgia. DECIDED: SEPTEMBER 24, 1999. JOHNSON, Chief Judge. Annelle McRae sued Lorene McEntyre for personal injuries sustained in an automobile accident. Her husband also joined the suit, alleging loss of consortium. Following a jury trial, the jury returned a verdict in favor of […]

62 S.E.2d 415 MARYLAND CASUALTY CORP. et al. v. MITCHELL. 33228.Court of Appeals of Georgia. DECIDED OCTOBER 6, 1950. REHEARING DENIED DECEMBER 15, 1950. 1. An agreement to pay compensation approved by the Board of Workmen’s Compensation is final as to all matters contained therein, and, in the absence of fraud, accident or mistake, may […]

257 S.E.2d 314 BOATRIGHT v. THE STATE. 57719.Court of Appeals of Georgia.ARGUED APRIL 10, 1979. DECIDED MAY 29, 1979. REHEARING DENIED JUNE 13, 1979. UNDERWOOD, Judge. Jack Boatright appeals his conviction of selling marijuana. We affirm. 1. In enumeration of error 1 Boatright contends that Page 284 the court erred in allowing in evidence hearsay […]

424 S.E.2d 19 CITY OF ATLANTA v. CHAMBERS. CHAMBERS v. CITY OF ATLANTA et al. CITY OF ATLANTA v. BOWMAN. A92A1214, A92A1215, A92A1266.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1992. RECONSIDERATION DENIED OCTOBER 16, 1992. CARLEY, Presiding Judge. A garbage truck owned by appellant-defendant City of Atlanta (City) and operated by one of its […]

530 S.E.2d 527 PARKER et al. v. KENNON et al. No. A99A2077.Court of Appeals of Georgia. DECIDED: MARCH 8, 2000. SMITH, Judge. Walter L. Kennon, Sr., the appointed guardian of the person and property of Virginia N. Gray, filed suit against Gray’s three daughters, Jane Parker, Linda Hunter, and Virginia Kemp.[1] The suit sought recovery […]

31 S.E.2d 93 MORRIS v. DILBECK et al. 30555.Court of Appeals of Georgia. DECIDED JULY 14, 1944. REHEARING DENIED JULY 25, 1944. FELTON, J. 1. In an appeal from the civil court of Fulton County to the appellate division, the overruling of demurrers may not be made the ground of a motion for a new […]

357 S.E.2d 164 FOUNTAIN v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY. 71687.Court of Appeals of Georgia. DECIDED APRIL 6, 1987. DEEN, Presiding Judge. The decision of the Court of Appeals in the case having been reversed by the Supreme Court, MARTA v. Fountain, 256 Ga. 732 (352 S.E.2d 781) (1987), our decision in Fountain v. MARTA, […]

198 S.E.2d 877 FARMERS FEED FERTILIZER COMPANY, INC. v. LYNN. 47737.Court of Appeals of Georgia.SUBMITTED JANUARY 2, 1973. DECIDED MAY 14, 1973. QUILLIAN, Judge. Farmers Feed Fertilizer Company, Inc. brought this action based on an open account in the State Court of Tattnall County against Edward H. Lynn. The complaint alleged that the defendant was […]

544 S.E.2d 189 NELSON v. THE STATE. A00A2453.Court of Appeals of Georgia. DECIDED: JANUARY 3, 2001 MILLER, Judge. Deron Leroy Nelson was convicted of trafficking in marijuana. On appeal, he challenges the denial of his motion to suppress. 1. When reviewing the denial of a motion to suppress, the appellate court construes the evidence in […]

230 S.E.2d 128 BROWN v. THE STATE. 52627.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1976. DECIDED OCTOBER 8, 1976. REHEARING DENIED OCTOBER 25, 1976. MARSHALL, Judge. Appellant was indicted for the offense of murder with malice and convicted by jury of voluntary manslaughter. He was sentenced to serve 15 years. He brings this appeal from […]

317 S.E.2d 251 SOUDER v. THE STATE (two cases). 67283, 67284.Court of Appeals of Georgia. DECIDED MARCH 5, 1984. REHEARING DENIED MARCH 21, 1984. POPE, Judge. After a bench trial, Frank Souder was convicted of trafficking in cocaine and sentenced to serve fifteen years. A later bench trial resulted in Souder’s additional conviction for possession […]

246 S.E.2d 138 TILLMAN DEAL FARM SUPPLY, INC. v. DEAL. 55863.Court of Appeals of Georgia.SUBMITTED MAY 4, 1978. DECIDED JUNE 15, 1978. McMURRAY, Judge. The operator of a hog farm purchased certain corn to feed his animals. Thereafter, the hogs became sick and many died. Freddie W. Deal, the operator, as plaintiff sued Tillman Deal […]

611 S.E.2d 697 ALLEN v. THE STATE. A05A0808.Court of Appeals of Georgia. DECIDED MARCH 4, 2005. ELLINGTON, Judge. An Elbert County jury found Bobby Joe Allen guilty of possession of cocaine, OCGA § 16-13-31, possession of marijuana (misdemeanor), OCGA § 16-13-2 (b), and forgery in the second degree, OCGA § 16-9-2. Allen challenges the denial […]

436 S.E.2d 47 MUFF v. THE STATE. A93A1147.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1993. POPE, Chief Judge. Defendant Julius Muff was convicted by a jury of selling cocaine and received a mandatory life sentence due to a prior conviction for possession of cocaine with intent to distribute. Deputy Charlese Barkley, an undercover agent […]

183 S.E.2d 616 FRYER v. THE STATE. 46154.Court of Appeals of Georgia.SUBMITTED MAY 5, 1971. DECIDED JUNE 25, 1971. REHEARING DENIED JULY 21, 1971. QUILLIAN, Judge. Appeal was taken from the verdict and judgment and there was no enumeration of error on the overruling of the motion for a new trial which contains the same […]

229 S.E.2d 547 HUSKEY v. THE STATE. 52646.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 14, 1976. DECIDED OCTOBER 1, 1976. DEEN, Presiding Judge. 1. “Entrapment exists where the idea and the intention to commit the act originate with a police officer, who, by undue persuasion and deceitful means, induces the defendant to violate the law. But […]

426 S.E.2d 204 MINSTER v. POHL. CANDLER GENERAL HOSPITAL, INC. et al. v. MINSTER. A92A1601, A92A1602.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1992. RECONSIDERATION DENIED DECEMBER 4, 1992. SOGNIER, Chief Judge. George A. Minister, as executor of the estate of Mary Elizabeth Minster Hattrich, filed a medical malpractice action against Candler General Hospital, Inc. […]

148 S.E.2d 467 GORMAN v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY et al. 41892.Court of Appeals of Georgia.ARGUED APRIL 6, 1966. DECIDED APRIL 19, 1966. FELTON, Chief Judge. 1. An agreement to pay and receive compensation for temporary total disability, signed by the employee and employer and approved by the State Board of Workmen’s Compensation, is […]

94 S.E.2d 782 NATIONAL CASH REGISTER COMPANY v. SIKES. 36340.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1956. A retention-title contract signed by the purchaser in his trade name by himself in his individual name is entitled to record where it otherwise meets the requirements of statute, and, after being duly recorded, constitutes constructive notice […]

405 S.E.2d 540 POWELL v. THE STATE. A91A0728.Court of Appeals of Georgia. DECIDED APRIL 10, 1991. McMURRAY, Presiding Judge. Defendant Powell appeals his conviction of three counts of aggravated assault, first degree arson, and possession of a firearm by a convicted felon. The sole enumeration of error contends the trial court erred in denying defendant’s […]

427 S.E.2d 69 THURMAN v. THE STATE. A92A1750.Court of Appeals of Georgia. DECIDED JANUARY 14, 1993. BIRDSONG, Presiding Judge. Terry Thurman was convicted of five counts of armed robbery and eight counts of aggravated assault. After merging five of the aggravated assault counts with the counts of armed robbery, the trial court sentenced him to […]

323 S.E.2d 905 SKINNER v. SKINNER (two cases). 69419, 69608.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1984. BANKE, Presiding Judge. Pursuant to their divorce in 1979, custody of the parties’ son was granted to the appellant with certain visitation rights granted to the appellee. In June of 1984, the appellee brought the present action […]

654 S.E.2d 456 CAIN v. THE STATE. No. A07A1684.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 2007. ANDREWS, Presiding Judge. Algernon Cain appeals from the judgment entered after a jury found him guilty of two counts of aggravated assault. Cain argues that the evidence was insufficient to support the verdict and also claims that the […]

14 S.E.2d 485 SADLER v. HARRISON. 28852.Court of Appeals of Georgia. DECIDED APRIL 21, 1941. 1. “In an action of bail-trover, the petition must definitely identify the property by a particular description, or by a general description coupled with such additional allegations as to the time and place or manner of the taking or conversion […]

491 S.E.2d 123 KINGREE v. THE STATE. A97A1393.Court of Appeals of Georgia. DECIDED AUGUST 8, 1997. McMURRAY, Presiding Judge. Defendant was charged in an accusation with violating the terms of his Habitual Violator Probationary Driver’s License under OCGA § 40-5-58 (e) (4) “by operating a motor vehicle for a purpose other than business purposes.” He […]

642 S.E.2d 900 CLARK v. THE STATE. No. A06A2325.Court of Appeals of Georgia. DECIDED MARCH 6, 2007. PHIPPS, Judge. Jeffrey Scott Clark was tried by a jury and convicted of armed robbery of a convenience store employee. Clark claims that the evidence was insufficient and that the trial court erred by admitting a note found […]

359 S.E.2d 205 STARGELL v. THE STATE. 74293.Court of Appeals of Georgia. DECIDED JUNE 24, 1987. POPE, Judge. Alonzo Stargell was convicted of felony theft by shoplifting pursuant to OCGA § 16-8-14 (b) (1) (C) and appeals. 1. Appellant contends that the evidence was insufficient to support the verdict. The evidence submitted by the State […]

12 S.E.2d 107 GLENN et al. v. STATE REVENUE COMMISSION. 28321.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1940. REHEARING DENIED NOVEMBER 19, 1940. GARDNER, J. This case being controlled (as is admitted by plaintiffs in error) by the decision in State Revenue Commission v. Glenn, 61 Ga. App. 567 (6 S.E.2d 384), the judgment […]

489 S.E.2d 77 CROXTON v. MSC HOLDING, INC. A97A1168.Court of Appeals of Georgia. DECIDED JULY 9, 1997 — CERT. APPLIED FOR. BIRDSONG, Presiding Judge. The question in this case is whether a shareholder who has an individual, independent contract requiring him to sell, and the corporation to buy, his shares at a certain time for […]

426 S.E.2d 222 COOK et al. v. PRUDENTIAL PROPERTY CASUALTY INSURANCE COMPANY. A92A2418.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1992. McMURRAY, Presiding Judge. Prudential Property Casualty Insurance Company brought suit against Frances Rebecca Wyche, its insured, Spencer Edward Wyche, Billy Cook and Regina Cook, seeking a declaration that it need not provide automobile insurance […]

628 S.E.2d 717 ALLEN et al. v. THE STATE. A05A1947.Court of Appeals of Georgia. DECIDED MARCH 17, 2006. SMITH, Presiding Judge. Sabrina Allison Allen and Mason William Allen were indicted jointly on three counts of cruelty to children in the first degree, which alleged that they wilfully withheld food from their three minor children to […]

268 S.E.2d 684 HARTFORD INSURANCE GROUP et al. v. MANUEL. 59544.Court of Appeals of Georgia.SUBMITTED MARCH 11, 1980. DECIDED APRIL 7, 1980. BANKE, Judge. The case is before us on an interlocutory appeal by the plaintiff from an order staying the proceedings. Plaintiff, as the subrogated party in interest, seeks property damages arising from a […]

648 S.E.2d 406 MEDVAR v. THE STATE. No. A07A0374.Court of Appeals of Georgia. DECIDED MAY 25, 2007. RECONSIDERATION DENIED JUNE 27, 2007. MILLER, Judge. Following a bench trial, Shawn Sinclair Medvar was convicted of trafficking in cocaine and misdemeanor possession of marijuana in violation of the Georgia Controlled Substances Act. OCGA §§ 16-13-31 and 16-13-30 […]

293 S.E.2d 480 MYERS v. DEPARTMENT OF HUMAN RESOURCES. 63969.Court of Appeals of Georgia. DECIDED JULY 8, 1982. QUILLIAN, Chief Judge. The respondent, Harry Myers, brings this appeal from the judgment of the trial court, striking his answer and entering a default judgment for failing to comply with a court order on petitioner’s motion to […]

331 S.E.2d 112 COMMUNICATIONS, INC. et al. v. CANNON et al. 69674.Court of Appeals of Georgia. DECIDED MAY 22, 1985. POPE, Judge. At approximately 8:05 p. m. on December 22, 1982, Fred Cannon, Jr., employed by appellant as a construction superintendent, was killed in a head-on collision after traveling approximately 1.5 miles southbound in a […]

444 S.E.2d 82 ARCHER et al. v. CARSON et al. DBL, INC. v. CARSON et al. A94A0853, A94A0854.Court of Appeals of Georgia. DECIDED APRIL 22, 1994. RECONSIDERATION DENIED MAY 9, 1994. BIRDSONG, Presiding Judge. As these appeals arise from the same action below and concern the same lease, they have been consolidated for disposition on […]

251 S.E.2d 325 EVANS v. THE STATE. 56906.Court of Appeals of Georgia.SUBMITTED OCTOBER 31, 1978. DECIDED NOVEMBER 20, 1978. REHEARING DENIED DECEMBER 13, 1978. BIRDSONG, Judge. Richard Evans was convicted of a criminal attempt to commit a burglary with another. He was sentenced to serve five years. He brings this appeal, enumerating five alleged errors. […]

388 S.E.2d 362 GORDON et al. v. FROST et al.; and vice versa. A89A1494, A89A1495.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1989. REHEARING DENIED NOVEMBER 14, 1989. BEASLEY, Judge. This appeal and cross-appeal follow a jury trial in this suit by Mr. and Mrs. Gordon against Thrift Drug Company d/b/a Treasury Drug, pharmacist Frost, […]

206 S.E.2d 668 EYSTER et al. v. BORG-WARNER CORPORATION et al. 49149.Court of Appeals of Georgia.ARGUED MARCH 4, 1974. DECIDED MAY 1, 1974. CLARK, Judge. In this “Products Liability” case we are called upon to decide if the trial judge was correct in directing a verdict for the manufacturer of a heating and air-conditioning system. […]

491 S.E.2d 78 BAKER v. THE STATE. A97A1037.Court of Appeals of Georgia. DECIDED JULY 24, 1997. JOHNSON, Judge. Bobby Baker was indicted on one count of aggravated child molestation and one count of aggravated sodomy for acts involving his live-in girlfriend’s ten-year-old daughter. A jury found him guilty of aggravated child molestation but not guilty […]

331 S.E.2d 106 GREEN v. GAYDON. 69844.Court of Appeals of Georgia. DECIDED MAY 21, 1985. BANKE, Chief Judge. The 14-year-old son of appellant Linda Jane Green died as a result Page 797 of injuries he sustained when his motorcycle collided with a tractor-trailer operated by appellee Donald Gaydon, who was in the employ of appellee […]

112 S.E.2d 373 HODGES v. THE STATE. 37876.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1959. REHEARING DENIED NOVEMBER 4, 1959. TOWNSEND, Judge. 1. Margaret Hodges was tried and convicted in the Criminal Court of Fulton County for violation of certain traffic laws. Count 1 alleged that she operated a motor vehicle “on Roswell Road, […]

637 S.E.2d 505 LEWIS v. WALLER et al. No. A06A1207.Court of Appeals of Georgia. DECIDED OCTOBER 19, 2006 BERNES, Judge. John W. Lewis, Jr., appeals the dismissal of his tort action against Anastasia Waller and Horace Mann Insurance Company, Lewis’ underinsured/uninsured motorist carrier (“UMC”). The State Court of Clayton County dismissed the suit after concluding […]

274 S.E.2d 812 ROSSER v. THE STATE. DEAN v. THE STATE. 60423, 60424.Court of Appeals of Georgia.ARGUED SEPTEMBER 3, 1980. DECIDED NOVEMBER 14, 1980. McMURRAY, Presiding Judge. Four defendants were indicted in Troup County for the offense of burglary in that they did enter an auto parts store and garage in Hogansville, Georgia, without authority […]

154 S.E.2d 689 AUGUSTA COACH COMPANY et al. v. LEE. 42087.Court of Appeals of Georgia. DECIDED MARCH 16, 1967. REHEARING DENIED MARCH 30, 1967. The only evidence in this case which in any way tended to prove negligence on the part of the defendant’s driver was testimony as to statements made by the driver in […]

308 S.E.2d 382 FORTSON v. COTTON STATES MUTUAL INSURANCE COMPANY; and vice versa. 66134, 66312.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1983. REHEARING DENIED SEPTEMBER 27, 1983. DEEN, Presiding Judge. Fortson filed a two-count complaint against Cotton States Mutual Insurance Company after it refused to pay a claim for fire damages to his home […]

114 S.E.2d 288 SHELTON v. FIREMAN’S FUND INDEMNITY COMPANY et al. 38179.Court of Appeals of Georgia. DECIDED APRIL 5, 1960. GARDNER, Presiding Judge. In this workmen’s compensation case, Homer W. Shelton filed a claim alleging injuries arising out of and within the scope of his employment with Bostrom Brady Manufacturing Company. The coverage for workmen’s […]

439 S.E.2d 105 IN THE INTEREST OF S. R. B., a child. A93A2489.Court of Appeals of Georgia. DECIDED DECEMBER 10, 1993. McMURRAY, Presiding Judge. S. R. B. was adjudicated delinquent because he committed an act which, if it had been committed by an adult, would constitute rape. He appeals, asserting the evidence was not sufficient […]

19 S.E.2d 754 KYTLE et al. v. COLLINS. 29310.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1942. REHEARING DENIED MARCH 19, APRIL 1, 1942. 1. A cause of action was set forth in count 1 of the petition as amended, but not in count 2. The court did not err in overruling the defendants’ general […]

543 S.E.2d 472 SCHLOMER v. THE STATE. A00A1863.Court of Appeals of Georgia. DECIDED: DECEMBER 11, 2000. BARNES, Judge. Tony Eugene Schlomer, pursuant to the grant of an interlocutory appeal, appeals the denial of his motion for a directed verdict of acquittal in a bench trial and his motion to quash an accusation charging him with […]

519 S.E.2d 263 HUFF v. THE STATE. A99A0783.Court of Appeals of Georgia. DECIDED: JUNE 9, 1999 POPE, Presiding Judge. Victoria Xemobia Huff was tried and convicted of two counts of armed robbery. Here, in nine enumerations of error, she argues that the trial court erred in denying her motions for mistrial and for a new […]

330 S.E.2d 769 BENDIX CORPORATION v. FLOWERS. 69710.Court of Appeals of Georgia. DECIDED APRIL 10, 1985. REHEARING DENIED APRIL 23, 1985. CARLEY, Judge. Appellee-plaintiff Flowers had been an employee of appellant-defendant Bendix Corporation for approximately 20 years when, on September 30, 1980, he was separated from his employment for inability to perform his duties. Subsequently, […]

334 S.E.2d 38 RILEY v. THE STATE. 70370.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1985. BENHAM, Judge. This appeal is from appellant’s conviction for robbery by sudden snatching and motor vehicle theft. The evidence authorized the jury to find that appellant snatched a purse from a woman in front of a grocery store and […]

348 S.E.2d 679 DORR v. THE STATE. 72880.Court of Appeals of Georgia. DECIDED JULY 16, 1986. REHEARING DENIED SEPTEMBER 5, 1986. BANKE, Chief Judge. On appeal from his conviction of simple battery, the appellant contends the trial court erred in admitting evidence of another, independent offense and further contends that there was no evidence to […]

535 S.E.2d 818 JACKSON v. THE STATE. A00A0552.Court of Appeals of Georgia. DECIDED: JUNE 13, 2000 POPE, Presiding Judge. Tim and Tracy Jackson appeal their convictions for burglary. Tim Jackson has failed to file a brief on appeal and therefore, his appeal has been dismissed. Tracy raises three enumerations of error. 1. Tracy contends the […]

77 S.E.2d 836 HAMMOND v. THE STATE. 34748.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1953. TOWNSEND, J. This case turns on the question of whether or not the State proved the venue. While, in the absence of evidence sufficient to raise an inference to the contrary, slight proof that the venue of the crime […]

227 S.E.2d 92 CHAMBERS v. LOWE’S OF DORAVILLE, INC. et al. 52175.Court of Appeals of Georgia.ARGUED MAY 5, 1976. DECIDED MAY 12, 1976. WEBB, Judge. The interlocutory order appealed from here was entered after July 1, 1975, the effective date of the interlocutory appeal procedure Act (Ga. L. 1975, p. 757; Page 627 Code Ann. […]

282 S.E.2d 401 WASHINGTON v. THE STATE. 61457.Court of Appeals of Georgia. DECIDED JUNE 17, 1981. POPE, Judge. Appellant’s notice of appeal was filed 33 days following the trial court’s denial of his motion for new trial. “`This court is without jurisdiction where the notice of appeal is not timely filed in accordance with the […]

183 S.E.2d 58 HOSPITAL AUTHORITY OF FULTON COUNTY v. AGN MANUFACTURING, INC. 46286.Court of Appeals of Georgia.ARGUED JUNE 1, 1971. DECIDED JULY 2, 1971. DEEN, Judge. The sole issue in this appeal by the property owner from the denial of a summary judgment in its favor in a materialman’s action to foreclose a lien for […]

10 S.E.2d 254 MARTIN v. THE STATE. 28251.Court of Appeals of Georgia. DECIDED JULY 16, 1940. REHEARING DENIED JULY 31, 1940. The special assignments of error are without merit, and the evidence supports the verdict. DECIDED JULY 16, 1940. REHEARING DENIED JULY 31, 1940. Keeping disorderly house; from Habersham superior court — Judge Candler. December […]

359 S.E.2d 178 MAZUR v. FOOD GIANT, INC. 73718.Court of Appeals of Georgia. DECIDED JUNE 15, 1987. REHEARING DENIED JUNE 29, 1987. POPE, Judge. Plaintiff appeals the trial court’s grant of summary judgment to defendant in a slip and fall case. Plaintiff’s complaint alleges he slipped on frozen vegetables which had fallen to the floor […]

474 S.E.2d 760 FARMER v. THE STATE. A96A1303.Court of Appeals of Georgia. DECIDED AUGUST 22, 1996. SMITH, Judge. Robert Dennis Farmer was charged with the offenses of vehicular homicide in the second degree (OCGA § 40-6-393 (b)), driving an unsafe or improperly equipped vehicle (OCGA § 40-8-7), driving with a suspended license (OCGA § 40-5-121), […]

344 S.E.2d 492 NELSON v. STATE FARM LIFE INSURANCE COMPANY. 71895.Court of Appeals of Georgia. DECIDED APRIL 7, 1986. BIRDSONG, Presiding Judge. Plaintiff, Geary Nelson, appeals from a grant of summary judgment to the defendant, State Farm Life Insurance Company. Geary Nelson and Margaret Brown were married in 1974 or 1975 and had four children. […]

89 S.E.2d 573 FIELD v. LIBERTY MUTUAL INS. CO. et al. 35770.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1955. 1. An award of the State Board of Workmen’s Compensation will not be set aside if there is sufficient competent evidence in the record to sustain it. 2. Awards of the Board of Workmen’s Compensation, […]

154 S.E.2d 258 DAWN MEMORIAL PARK, INC. v. SOUTHERN CEMETERY CONSULTANTS OF GEORGIA, INC. 42501.Court of Appeals of Georgia.SUBMITTED JANUARY 6, 1967. DECIDED FEBRUARY 9, 1967. JORDAN, Judge. This is the third appearance of this case before this court. See Southern Cemetery c. of Ga. v. Dawn Memorial Park, 113 Ga. App. 189 (147 S.E.2d […]

355 S.E.2d 778 EADY v. THE STATE. JONES v. THE STATE. 73582, 73719.Court of Appeals of Georgia. DECIDED MARCH 20, 1987. DEEN, Presiding Judge. Eady and Jones appeal their jury convictions and sentences on four counts of rape (OCGA § 16-6-1), four counts of armed robbery (OCGA § 16-8-41), five counts of burglary (OCGA § […]

375 S.E.2d 128 WALDON v. THE STATE. 77018.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1988. POPE, Judge. Curtis A. Waldon appeals his conviction of armed robbery and the denial of his motion for new trial. Held: 1. Appellant urges the general grounds. The evidence showed that on September 4, 1987, Leonard Haas was robbed […]

329 S.E.2d 914 THOMPSON v. MOORE. 69232.Court of Appeals of Georgia. DECIDED MARCH 12, 1985. REHEARING DENIED MARCH 29, 1985. BIRDSONG, Presiding Judge. We granted interlocutory appeal to determine an issue of first impression in this state, viz., whether, in an action for damages arising from an auto accident in which the cause is alleged […]

578 S.E.2d 529 ATTAWAY v. THE STATE. MARTINEZ v. THE STATE. A03A0374, A03A0375.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 2003 BLACKBURN, Presiding Judge. Following a jury trial, Grady Attaway and Moises Martinez (“defendants”) appeal their multiple convictions in these related Page 823 cases regarding a crime spree occurring over several days.[1] Attaway appeals his […]

114 S.E.2d 296 SMITH v. THE STATE. 38235.Court of Appeals of Georgia. DECIDED APRIL 14, 1960. TOWNSEND, Judge. 1. The defendant was tried in the Criminal Court of Fulton County on an accusation charging him with possession of non-tax-paid liquor. On conviction he applied to the Superior Court of Fulton County for writ of certiorari. […]

623 S.E.2d 704 KAR PRINTING, INC. v. PIERCE. A05A2296.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 2005. BLACKBURN, Presiding Judge. Following a bench trial, KAR Printing, Inc. (“KAR”) appeals the trial court’s judgment awarding Dana Pierce damages for lost profits due to KAR’s breach of contract, contending that Pierce did not provide sufficient evidence to […]

444 S.E.2d 877 HENRY COUNTY BOARD OF REGISTRARS et al. v. FARMER. A94A1241.Court of Appeals of Georgia. DECIDED JUNE 9, 1994. JOHNSON, Judge. Brenda Farmer was appointed to the Henry County Board of Registrars by the chief judge of Henry County Superior Court. On October 22, 1992, Farmer addressed a letter “To Whom It May […]

186 S.E.2d 320 LUNSFORD v. STATE NATIONAL SECURITIES, INC. et al. 46409.Court of Appeals of Georgia.ARGUED SEPTEMBER 13, 1971. DECIDED NOVEMBER 8, 1971. QUILLIAN, Judge. The appellees leased a portion of a two-level building. The building was constructed in such a manner that there were parking areas in the front and a driveway on the […]

556 S.E.2d 505 SANDERS v. THE STATE. A01A1287.Court of Appeals of Georgia. DECIDED: NOVEMBER 14, 2001 BLACKBURN, Chief Judge. William Virgil Sanders, III appeals his conviction for possession of marijuana, contending that (1) the trial court erred by failing to suppress evidence obtained pursuant to a search warrant and (2) the State failed to establish […]

207 S.E.2d 646 VULCAN MATERIALS, INC. v. HALL et al. 49403.Court of Appeals of Georgia.SUBMITTED MAY 29, 1974. DECIDED JUNE 17, 1974. STOLZ, Judge. Vulcan Materials, Inc., filed an affidavit and bond for garnishment on Messrs. Hall and Hurd, which was served August 15 and 16, 1972, based on a January 27, 1972, default judgment […]

355 S.E.2d 125 REESE REALTY COMPANY, INC. et al. v. PAL REALTY COMPANY, INC. et al. 73279.Court of Appeals of Georgia. DECIDED MARCH 18, 1987. BENHAM, Judge. This case arose as a dispute over the splitting of a real estate commission. Appellants, a real estate brokerage firm and its principal broker, sold a piece of […]

34 S.E.2d 565 DAVIS v. PRICE. 30881.Court of Appeals of Georgia. DECIDED JUNE 14, 1945. 1. The verdict was not authorized by the evidence, and the court erred in overruling the motion for new trial on the general grounds. 2. The charge complained of in special ground 2 of the motion with respect to recovering […]

236 S.E.2d 549 JACKSON v. THE STATE. 53973.Court of Appeals of Georgia.SUBMITTED JUNE 6, 1977. DECIDED JUNE 15, 1977. DEEN, Presiding Judge. 1. “`If the sentence of the court is within the limits prescribed by law for the offense charged, this court has no jurisdiction to review the sentence or the court’s refusal to reduce […]

257 S.E.2d 29 KEHELEY v. BENHAM. 57517.Court of Appeals of Georgia.SUBMITTED APRIL 9, 1979. DECIDED MAY 23, 1979. REHEARING DENIED JUNE 5, 1979. BANKE, Acting Presiding Judge. The plaintiff sued to collect on a promissory note in the face amount of $10,500, executed by the defendant on July 1, 1961. The defendant answered, alleging that […]

454 S.E.2d 555 SHREVE v. WORLD CHAMPIONSHIP WRESTLING, INC. et al. A94A2685.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1995. RECONSIDERATION DENIED FEBRUARY 23, 1995. CERT. APPLIED FOR. BIRDSONG, Presiding Judge. Larry Shreve a/k/a Abdullah the Butcher appeals the grant of judgment on the pleadings under OCGA § 9-11-12 (c) to World Championship Wrestling, Inc., […]

243 S.E.2d 283 TRUST COMPANY BANK v. AMERICAN VALLEY INNS, INC. et al. (two cases). 55086, 55087.Court of Appeals of Georgia.ARGUED JANUARY 4, 1978. DECIDED FEBRUARY 15, 1978. REHEARING DENIED MARCH 7, 1978. SMITH, Judge. In each case, the trial court dismissed the garnishment action for the sole reason that the judgment on which Trust […]

54 S.E.2d 152 VICKERS v. GEORGIA POWER COMPANY. 32405.Court of Appeals of Georgia. DECIDED MAY 13, 1949. REHEARING DENIED JUNE 22, 1949. The petition stated a cause of action as against a general demurrer, and the court erred in dismissing it. DECIDED MAY 13, 1949. REHEARING DENIED JUNE 22, 1949. Action for damages; from Macon […]

530 S.E.2d 753 IN THE INTEREST OF: L. H., N. H., and W. H., children. A99A1893.Court of Appeals of Georgia. DECIDED: MARCH 9, 2000. BARNES, Judge. The natural father of L. H., N. H., and W. H. appeals the termination of his parental rights; the natural mother’s parental rights were also terminated, but she is […]

534 S.E.2d 843 IN RE: ESTATE OF GARRETT. A00A0587.Court of Appeals of Georgia. DECIDED: MAY 18, 2000. RUFFIN, Judge. Winifred Stoney, administratrix of the estate of Douglas J. Garrett, appeals from a probate court order ruling that William Phillips was Garrett’s natural father and is therefore entitled to inherit from him. Because no determination of […]