Category: Georgia Court of Appeals Opinions

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 […]

149 S.E.2d 373 KITCHENS v. THE STATE. 41995.Court of Appeals of Georgia.ARGUED MAY 3, 1966. DECIDED MAY 13, 1966. 1. It was error to introduce certified copies of prior convictions having no probative value as to the offense for which the defendant was on trial. 2. The evidence being sufficient to show that the criminal […]

613 S.E.2d 176 SHARIF v. THE STATE. A05A0379.Court of Appeals of Georgia. DECIDED APRIL 6, 2005. JOHNSON, Presiding Judge. A jury found Maruf Sharif guilty of aggravated assault. Sharif appeals, alleging the trial court erred in (1) allowing hearsay statements of a nontestifying witness into evidence, (2) allowing the state to put his character in […]

421 S.E.2d 129 THE STATE v. BAXTON. A92A0904.Court of Appeals of Georgia. DECIDED JULY 15, 1992. BEASLEY, Judge. The State appeals the trial court’s grant of appellee Baxton’s motion to suppress the fruits of a search and seizure. Baxton appeared at a roadblock being conducted by the sheriff’s Page 37 department and the county and […]

569 S.E.2d 261 ROUSE v. THE STATE. A02A1495.Court of Appeals of Georgia. DECIDED: JULY 16, 2002 ANDREWS, Presiding Judge. William Rouse pled guilty to DUI, possession of marijuana, and driving without a license. He was sentenced to twelve months, to serve two days, with the balance probated. As part of his sentence on the DUI […]

278 S.E.2d 116 WHITAKER et al. v. KRESTMARK OF ALABAMA. 61459.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1981. DEEN, Presiding Judge. This wrongful death action was brought in the State Court of Muscogee County by the executor of the decedent’s estate and two beneficiaries of that estate following a collision between an automobile driven […]

450 S.E.2d 237 CRAWFORD v. CITY OF FOREST PARK. A94A1666.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1994. RECONSIDERATION DENIED NOVEMBER 16, 1994. POPE, Chief Judge. Defendant appeals a superior court order affirming his DUI conviction in municipal court. See OCGA § 40-13-28. Evidence at trial showed that Officer Randall stopped defendant’s vehicle in the […]

383 S.E.2d 590 GALE v. HAYES MICROCOMPUTER PRODUCTS, INC. A89A0627.Court of Appeals of Georgia. DECIDED JUNE 6, 1989. REHEARING DENIED JUNE 21, 1989. BIRDSONG, Judge. Gale, a former employee of Hayes Microcomputer Products, Inc. (Hayes), appeals from the trial court’s grant of Hayes’ motion for summary judgment. She alleges that Hayes unlawfully breached her employment […]

247 S.E.2d 599 HOLTZENDORF v. THE STATE. 56194.Court of Appeals of Georgia.SUBMITTED JUNE 29, 1978. DECIDED JULY 14, 1978. REHEARING DENIED JULY 25, 1978. DEEN, Presiding Judge. 1. Where an indictment is drawn in two or more counts, a count otherwise complete but by inadvertence not numbered is not invalid. Lee v. State, 81 Ga. […]

373 S.E.2d 44 HARGROVE v. THE STATE. 77062.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1988. McMURRAY, Presiding Judge. Defendant was convicted of violating the Georgia Controlled Substances Act by making three sales of cocaine. The evidence demonstrated that defendant sold cocaine to two undercover narcotics agents on three separate days, January 8, 1987, February […]

43 S.E.2d 592 AMBOS et al. v. CHASTAIN et al., Tax Assessors. 31621.Court of Appeals of Georgia. DECIDED JULY 11, 1947. PARKER, J. Where three distinct persons having no privity of interest among them, except that each owned separately certain fishing boats which had been assessed for taxation by the town, filed an appeal to […]

461 S.E.2d 596 IMPERIAL v. THE STATE. A95A1763.Court of Appeals of Georgia. DECIDED SEPTEMBER 1, 1995. McMURRAY, Presiding Judge. Defendant was charged in an accusation with misdemeanor obstruction of a law enforcement officer, “by refusing to obey orders and refusing to cooperate, thus disrupting said agent’s operation.” He was also charged with carrying a concealed […]

568 S.E.2d 145 MANSELL ET AL v. STARR ENTERPRISES, INC., ET AL A02A0810.Court of Appeals of Georgia. DECIDED: JULY 1, 2002 MIKELL, Judge. Corrine Turner Mansell and Thomas Mansell appeal the trial court’s grant of summary judgment to Starr Enterprises/Texaco, Inc., and Motiva Enterprises, LLC, (collectively referred to as “Starr Texaco”).[1] The Mansells filed a […]

134 S.E.2d 526 LYNCH v. THE STATE. 40421.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1963. FRANKUM, Judge. 1. The defendant having made an unsworn statement to the court and jury in his defense, the court erred in charging the jury to the effect that the defendant had the right to testify under oath as […]

245 S.E.2d 882 IMAGE MILLS, INC. v. VORA et al. 55591.Court of Appeals of Georgia.ARGUED APRIL 3, 1978. DECIDED JUNE 12, 1978. SMITH, Judge. Image Mills, appellant, and Vora and Cromwell, appellees, moved for summary judgment on the issues made by appellees’ attachment affidavit and appellant’s traverse to that affidavit. The trial court granted appellees’ […]

463 S.E.2d 716 MARRIOTT CORPORATION v. ALLEN. A95A1386.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1995. JOHNSON, Judge. Neal Allen cashed three separate $100 checks on his First Los Angeles Bank account at Marriott Corporation’s hotel. The bank returned the three checks to Marriott due to insufficient funds in the account. Marriott resubmitted the checks […]

113 S.E.2d 214 BOBO v. THE STATE. 38160.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1960. TOWNSEND, Judge. 1. Evidence that when peace officers entered the defendant’s home they found five and a half cases of fruit jars; that the jars in the kitchen were turned upside down and had a strong odor of whisky […]

16 S.E.2d 787 GRAYHOUSE v. THE STATE. 29065.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1941. The special assignment of error is without merit, the evidence supported the verdict, and the court did not err in overruling the motion for new trial. DECIDED SEPTEMBER 27, 1941. Assault with intent to murder; from Peach superior court […]

252 S.E.2d 214 BARLOW v. THE STATE. 56913.Court of Appeals of Georgia.SUBMITTED NOVEMBER 14, 1978. DECIDED JANUARY 18, 1979. SMITH, Judge. Barlow appeals from the trial court’s denial of his motion to suppress evidence seized upon a warrantless search. We reverse. Appellant was convicted of possessing nine ounces of marijuana, in violation of the Georgia […]

561 S.E.2d 442 SUNDMAN v. FARIS. A01A2128.Court of Appeals of Georgia. DECIDED: FEBRUARY 22, 2002 ANDREWS, Presiding Judge. Sundman appeals from the trial court’s grant of summary judgment to Faris in Faris’ suit on a foreign judgment.[1] Toledo Center Floor Covering v. Richfield Carpet Mills, 176 Ga. App. 400 (1) (336 S.E.2d 320) (1985). At […]

448 S.E.2d 43 IN THE INTEREST OF M. D., a child. A94A1783.Court of Appeals of Georgia. DECIDED AUGUST 4, 1994. BLACKBURN, Judge. A delinquency petition was filed in the Cobb County Juvenile Court alleging that the appellant, M. D., committed the offenses of theft by taking specific property and theft by receiving specific items of […]

31 S.E.2d 122 ROPER v. THE STATE. 30481.Court of Appeals of Georgia. DECIDED JULY 14, 1944. A, B, C, D, and the defendant were charged, in separate accusations, with gambling, and tried separately. None of the accusations expressly alleged, nor did the evidence show, that either A, B, C, D, or the defendant, was a […]

156 S.E.2d 95 ADDIS v. THE STATE. 42713.Court of Appeals of Georgia.SUBMITTED APRIL 4, 1967. DECIDED MAY 30, 1967. BELL, Presiding Judge. 1. In appealing his conviction for transporting illegal liquor, the appellant separately enumerates error on the admission in evidence of three photographs offered by the State. Each contention is that the photograph was […]

574 S.E.2d 387 In the Interest of T. J. J., et al., children. A02A1400.Court of Appeals of Georgia. Decided November 8, 2002 PHIPPS, Judge. In separate appeals, the mother and father of T. J. J. and T. J. challenge the termination of their parental rights.[1] Each contends that the evidence was insufficient to support a […]

353 S.E.2d 610 BECK v. THE STATE. 73322.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1987. BEASLEY, Judge. Defendant was convicted of armed robbery, OCGA § 16-8-41. On appeal he enumerates as error three grounds. 1. Defendant argues that the evidence was insufficient to authorize his conviction. Defendant was employed by a security agency as […]

269 S.E.2d 897 CAROLINA CASUALTY INSURANCE COMPANY et al. v. DAVALOS (three cases). 59909, 59910, 59911.Court of Appeals of Georgia.ARGUED MAY 13, 1980. DECIDED JUNE 2, 1980. QUILLIAN, Presiding Judge. These were actions for damages by Clara Davalos (59909), her minor son Harvey (59910), and her minor daughter Hedy (59911) because of injuries incurred when […]

627 S.E.2d 39 MOREHOUSE COLLEGE, INC. v. McGAHA. A05A1737.Court of Appeals of Georgia. DECIDED DECEMBER 6, 2005. RECONSIDERATION DENIED FEBRUARY 9, 2006. RUFFIN, Chief Judge. After Antonio McGaha was expelled from Morehouse College, a jury awarded him $698,500 in damages on a breach of contract claim based on Morehouse’s failure to follow proper procedure. The […]

408 S.E.2d 432 LAWLESS v. SASNETT et al. A91A0624.Court of Appeals of Georgia. DECIDED JUNE 19, 1991. RECONSIDERATION DENIED JULY 10, 1991. BANKE, Presiding Judge. The appellant brought this action against the appellees to recover for personal injuries she allegedly sustained as the result of a fall which occurred on the appellees’ property. She brings […]

601 S.E.2d 467 KNOLTON v. THE STATE. HARRIS v. THE STATE. A04A0398, A04A0399.Court of Appeals of Georgia. DECIDED JUNE 24, 2004. JOHNSON, Presiding Judge. Jesse Knolton and Dantavious Harris were tried before a jury and convicted of possessing cocaine with intent to distribute and possessing marijuana with intent to distribute. They appeal, claiming that the […]

589 S.E.2d 647 STATE v. HENDERSON. A03A1611.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 2003 MIKELL, Judge. The state appeals the trial court’s suppression of evidence discovered during a lawful pat-down search of defendant Brian Henderson. For the reasons that follow, we affirm. The evidence presented at the hearing on the motion to suppress showed […]

324 S.E.2d 506 RAY v. STINSON et al. 68628.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1984. REHEARING DENIED NOVEMBER 26, 1984. McMURRAY, Chief Judge. Plaintiff, Nancy S. Ray, brought this negligence suit against defendants, Barbara Jo Stinson and Ruby Rainey, for injuries she sustained when an automobile in which she was riding collided with […]

100 S.E.2d 119 ROBBINS v. THE STATE. 36856.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1957. CARLISLE, J. 1. This case is a companion case to Harris v. State, ante. The defendant here was one of the four jointly indicted, as stated in that case, but was separately tried. While there were some minor discrepancies […]

497 S.E.2d 260 ASBELL et al. v. BP EXPLORATION OIL, INC. A97A2354.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1998. RECONSIDERATION DENIED FEBRUARY 23, 1998 — CERT. APPLIED FOR. JOHNSON, Judge. Elizabeth Asbell, as next of kin and the administratrix of the Page 701 estate of James Douglas Hill, Eddie Huntley and Robin Patrice Huntley […]

276 S.E.2d 94 LEONARD v. THE STATE. 60630.Court of Appeals of Georgia. DECIDED JANUARY 8, 1981. QUILLIAN, Chief Judge. The defendant, Gene Leonard, was found guilty of the offense of robbery. He entered a plea of not guilty by reason of insanity. The evidence showed that on the morning of July 3, 1979, he entered […]

536 S.E.2d 773 DEPARTMENT OF TRANSPORTATION v. GEORGIA TELEVISION COMPANY. A00A0503.Court of Appeals of Georgia. DECIDED: JUNE 30, 2000 JOHNSON, Chief Judge. Although the only issue involved in this appeal is whether the trial court properly awarded attorney fees to Georgia Television Company, this condemnation case has a long procedural history, and has been before […]

372 S.E.2d 11 PODSKOC v. THE STATE. 75945.Court of Appeals of Georgia. DECIDED JUNE 27, 1988. BIRDSONG, Chief Judge. This appeal is dismissed as improvidently granted. Appeal dismissed. Banke, P. J., and Beasley, J., concur. DECIDED JUNE 27, 1988. Vehicular homicide. Polk Superior Court. Before Judge Winn. Joseph N. Anderson, for appellant. William A. Foster […]

668 S.E.2d 531 ANTONIOS v. GWINNETT CLINIC, LTD. No. A08A1569.Court of Appeals of Georgia. DECIDED OCTOBER 17, 2008. RUFFIN, Presiding Judge. Dr. Dawit Antonios, a physician, was employed by Gwinnett Clinic, Ltd. Gwinnett Clinic sued Antonios for breach of his employment contract and, after a bench trial, was awarded damages and attorney fees. Antonios appeals […]

645 S.E.2d 741 HARPER v. THE STATE. No. A07A0181.Court of Appeals of Georgia. DECIDED MAY 8, 2007. JOHNSON, Presiding Judge. A jury found Tyree Harper guilty of possession of cocaine with intent to distribute and giving a false name and date of birth to a law enforcement officer. He appeals from the convictions, challenging the […]

582 S.E.2d 131 HARBIN v. HARBIN A03A0694.Court of Appeals of Georgia. Decided April 30, 2003 Reconsideration Denied May 13, 2003 ANDREWS, Presiding Judge. Carlton A. Harbin and his wife, Mercedes A. Harbin, acquired two tracts of real property by deeds executed in January 1993 and November 1998 which gave them a joint tenancy with right […]

270 S.E.2d 90 SHOFFEITT v. STATE OF GEORGIA. 59243.Court of Appeals of Georgia.ARGUED JANUARY 9, 1980. DECIDED MARCH 21, 1980. CARLEY, Judge. Appellant, surety on two supersedeas bonds, appeals from the entry of final judgment for their forfeiture. A thorough and diligent review of the record in this case and the authorities cited by appellant […]

121 S.E.2d 253 KLEIN v. THE STATE. 38882.Court of Appeals of Georgia. DECIDED JUNE 14, 1961. REHEARING DENIED JULY 10, 1961. 1. Where, upon the trial of one indicted under the provisions of Code Ann. § 26-2812, and where one of the issues before the jury was whether or not the defendant, with intent to […]

548 S.E.2d 83 BOB F. HILL, JR. et al. v. ROGER DUNCAN et al. A01A0731.Court of Appeals of Georgia. DECIDED: APRIL 24, 2001 MIKELL, Judge. The parties to this action own property in Circle East subdivision in Stephens County. One of the subdivision’s restrictive covenants states that “[n]o mobile home shall be permitted on any […]

50 S.E.2d 801 TOWNSEND v. THE STATE. 32121.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1948. REHEARING DENIED DECEMBER 16, 1948. The evidence authorized the verdict, and neither of the two special grounds of the amended motion for a new trial was meritorious. DECIDED SEPTEMBER 25, 1948. REHEARING DENIED DECEMBER 16, 1948. Assault and battery; […]

369 S.E.2d 484 DeLOACH et al. v. GENERAL MOTORS et al. 75976.Court of Appeals of Georgia. DECIDED APRIL 12, 1988. REHEARING DENIED MAY 16, 1988. BIRDSONG, Chief Judge. This is an appeal from a defendant’s verdict, in a case involving a defective new car. The plaintiffs, Perry Tucker and James DeLoach d/b/a Candler Timber Company, […]

518 S.E.2d 734 AXOM v. WENDY’S INTERNATIONAL, INC. A99A0577.Court of Appeals of Georgia. DECIDED: MAY 28, 1999. BARNES, Judge. Vetrina Axom appeals a jury verdict in favor of Wendy’s International, Inc. (“Wendy’s”) in her slip and fall suit. She enumerates five errors concerning jury charges and the trial court’s denial of her motion for new […]

140 S.E.2d 283 SEAY v. THE STATE. 41046.Court of Appeals of Georgia. DECIDED JANUARY 20, 1965. PANNELL, Judge. 1. The evidence was sufficient to authorize the verdict of guilty of assault with intent to murder as charged in the indictment. 2. The court, in part, charged the jury as follows: “The offense charged being a […]

338 S.E.2d 679 ASSOCIATED SOFTWARE CONSULTANTS ORGANIZATION, INC. v. WYSOCKI. 70658.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1985. REHEARING DENIED DECEMBER 3, 1985. BEASLEY, Judge. ASCO hired Wysocki in June, to begin August 2, after a recruiting company engaged by it located plaintiff. ASCO paid $6,000 in recruiting fees. Wysocki resigned at the end […]

32 S.E.2d 188 CLARK v. McGINLEY, executor. 30648.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1944. PARKER, J. 1. Although the affidavit of an executor and the warrant to remove a tenant at sufferance who holds over after demand allege an offer to rent to him at a certain monthly rate and his refusal to […]

352 S.E.2d 823 RHINEHART v. THE STATE. 73446.Court of Appeals of Georgia. DECIDED JANUARY 13, 1987. CARLEY, Judge. Appellant was tried on an indictment charging him with one count of statutory rape and one count of child molestation. The jury found appellant guilty as to both counts. Appellant appeals from the judgments of conviction and […]

250 S.E.2d 535 ELKINS v. THE STATE. 56273.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 11, 1978. DECIDED OCTOBER 16, 1978. REHEARING DENIED NOVEMBER 2, 1978. BANKE, Judge. In this appeal from the revocation of his probation, the appellant contends that he was denied his Sixth Amendment right to counsel. The state has filed no opposing brief, […]

595 S.E.2d 610 BROWNER v. THE STATE. A04A0062Court of Appeals of Georgia. DECIDED: FEBRUARY 23, 2004 ANDREWS, Presiding Judge. A Barrow County jury found Donnovan Leshun Browner guilty of trafficking in cocaine and violation of the Georgia firearms and weapons act. The jury also found Browner guilty of possession of cocaine and possession of cocaine […]

658 S.E.2d 217 WALKER et al. v. WALLIS et al. No. A07A2136.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 2008. MIKELL, Judge. Joel D. Walker and Patricia A. Walker filed a tort suit against attorney James W Wallis, Jr. (“Wallis”) and his law firm, Smith, Wallis Scott, LLP (“SWS”) (Wallis and SWS are collectively referred […]

163 S.E.2d 854 BROWN et al. v. McINVALE et al. 43775.Court of Appeals of Georgia.ARGUED JULY 3, 1968. DECIDED SEPTEMBER 3, 1968. REHEARING DENIED SEPTEMBER 20, 1968. PANNELL, Judge. 1. Where, on June 12, 1964, the defendants granted to plaintiffs an option to purchase certain corporate stock “if within twenty-four (24) months of the date” […]

555 S.E.2d 115 IN THE INTEREST OF S.E.L., a child. A01A0867.Court of Appeals of Georgia. DECIDED: OCTOBER 5, 2001 POPE, Presiding Judge. The father of S.E. L. appeals the termination of his parental rights. He contends there was insufficient evidence to support the termination order. On appeal, we must determine “whether, after reviewing the evidence […]

488 S.E.2d 126 CANAL INDEMNITY COMPANY v. E.M.C. MOTORS, INC. et al. A97A1656.Court of Appeals of Georgia. DECIDED JUNE 26, 1997. Judge Harold R. Banke. This appeal arose from a determination of insurance coverage relating to allegedly tortious conduct occurring during the repossession of a vehicle. Canal Indemnity Company (“Canal”) appeals the partial denial of […]

159 S.E.2d 183 FREE FOR ALL MISSIONARY BAPTIST CHURCH, INC. v. GRESHAM et al., Trustees. 43031.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1967. DECIDED DECEMBER 5, 1967. BELL, Presiding Judge. The trustees of Little Moses Chapel Baptist Church, as payees, brought this suit on a note against Free For All Missionary Baptist Church, Inc., as […]

612 S.E.2d 920 AUTO-OWNERS INSURANCE COMPANY v. KARAN, INC. et al. A04A1832.Court of Appeals of Georgia. DECIDED MARCH 31, 2005. BLACKBURN, Presiding Judge. In this interlocutory appeal regarding the right to insurance coverage, Auto-Owners Insurance Company appeals the trial court’s denial of its motion for summary judgment, contending that it has no duty to extend […]

201 S.E.2d 821 WILKES v. THE STATE. 48409.Court of Appeals of Georgia.SUBMITTED JULY 10, 1973. DECIDED SEPTEMBER 12, 1973. REHEARING DENIED OCTOBER 12, 1973. CLARK, Judge. In this case, in which the appellant prisoner convicted of escape acted as his own attorney both at the trial and on this appeal, our sole concern is that […]

258 S.E.2d 146 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. SLOAN et al. 57694.Court of Appeals of Georgia.ARGUED APRIL 10, 1979. DECIDED MAY 23, 1979. REHEARING DENIED JUNE 26, 1979. CARLEY, Judge. On September 14, 1977, Michael Gary Sloan, one of the appellees and son of appellee, Paul J. Sloan, was driving an automobile which […]

308 S.E.2d 21 FRICKS v. THE STATE. 66375.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1983. BIRDSONG, Judge. Beverly H. Fricks was convicted of using a false name to obtain the title to a motor vehicle and sentenced to serve five years. She brings this appeal enumerating as error the failure by the state to […]

358 S.E.2d 272 STATE OF GEORGIA v. LUKE. 73999.Court of Appeals of Georgia. DECIDED MAY 21, 1987. REHEARING DENIED JUNE 3, 1987. BENHAM, Judge. When appellee was arrested on March 1, 1985, cash amounting to more than $18,000 was found in his car and on his person. At a preliminary hearing on March 4, 1985, […]

364 S.E.2d 609 JOHNSON v. THE STATE. 75149.Court of Appeals of Georgia. DECIDED JANUARY 4, 1988. BEASLEY, Judge. Defendant, convicted of a 1979 escape under Code Ann. § 26-2501 (now OCGA § 16-10-52), appeals on the ground that he was improperly denied a continuance. Defendant turned himself in to officers on September 23, 1986. Apparently […]

270 S.E.2d 327 ELLISON v. WILLIAM HUFF FORD, INC. 59671.Court of Appeals of Georgia.SUBMITTED APRIL 7, 1980. DECIDED JUNE 27, 1980. SOGNIER, Judge. Appellant Ellison filed a complaint against William Huff Ford alleging breach of contract and fraud. Ellison purchased a 1978 Thunderbird from appellee and claims that part of the consideration for said purchase […]

510 S.E.2d 87 DOMINY v. SHUMPERT et al. A98A0794Court of Appeals of Georgia. DECEMBER 1, 1998. McMURRAY, Presiding Judge. Plaintiff Dale E. Dominy, M.D. (“Dr. Dominy”), filed this action for libel (Count 1 and unfair business practices (Count 2) against defendants Cynthia R. Shumpert, M.D. (“Dr. Shumpert”), and Rockmart-Aragon Family Physicians, P.A. (“RAFP”), alleging that […]

375 S.E.2d 49 FIREMAN’S FUND INSURANCE COMPANY OF GEORGIA v. MILEY et al. 76863.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1988. REHEARING DENIED OCTOBER 27, 1988. BIRDSONG, Chief Judge. In a previous appearance of this subject matter before us Miley v. Fireman’s Fund Ins. Co., 176 Ga. App. 527 (336 S.E.2d 583), we affirmed […]

609 S.E.2d 167 STINSON v. THE STATE. A03A2554.Court of Appeals of Georgia. DECIDED JANUARY 6, 2005. BLACKBURN, Presiding Judge. In Stinson v. State,[1] this Court reversed the trial court’s determination that Timothy Stinson had no right to withdraw his plea of guilty after entering into a Drug Court Contract. In making this ruling, we relied […]

402 S.E.2d 97 IN THE INTEREST OF A. L. T. et al., children. A90A1983.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1991. CARLEY, Judge. Appellant-natural mother appeals from the judgment of the juvenile court terminating her parental rights and awarding permanent custody to appellee-Georgia Department of Human Resources. 1. Appellee’s motion to dismiss the appeal […]

187 S.E.2d 564 JACKSON v. YOUNG. 46670.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1971. DECIDED JANUARY 21, 1972. CLARK, Judge. This case involves a negligence action brought by a minor plaintiff, by next friend, against a minor defendant. The defendant, who was 12 years old at the time, is alleged to have negligently swung a […]

30 S.E.2d 346 ESKEW v. THE STATE. 30473.Court of Appeals of Georgia. DECIDED MAY 19, 1944. The court did not err in overruling the motion for a new trial, for any reason assigned. DECIDED MAY 19, 1944. Larceny; from Hart superior court — Judge Edwards. January 29, 1944. The defendant brings the case here assigning […]

240 S.E.2d 777 PASS v. THE STATE. 53932.Court of Appeals of Georgia.ARGUED MAY 3, 1977. DECIDED DECEMBER 5, 1977. SMITH, Judge. The appellant appeals his conviction and sentence for aggravated assault, seeking reversal because the trial Page 254 court allegedly removed the issue of guilt from the jury’s consideration and mischarged the law of aggravated […]

419 S.E.2d 745 TAYLOR v. THE STATE. A92A0169.Court of Appeals of Georgia. DECIDED JUNE 8, 1992. CARLEY, Presiding Judge. As the result of the death of the passenger in a car that he was operating, appellant was tried before a jury and found guilty of vehicular homicide. He appeals from the judgment of conviction and […]

273 S.E.2d 903 TRI-CITIES HOSPITAL AUTHORITY et al. v. SHEATS. 60333.Court of Appeals of Georgia.ARGUED JULY 10, 1980. DECIDED OCTOBER 7, 1980. CARLEY, Judge. On June 20, 1978, appellee-Sheats filed the instant malpractice action against the appellants based upon treatment received on Page 29 September 8, 1974. In avoidance of the otherwise applicable two-year statute […]

675 S.E.2d 534 STATE FARM FIRE AND CASUALTY COMPANY v. WALNUT AVENUE PARTNERS, LLC et al., BIG B CLEANERS OF DALTON, INC. et al. v. STATE FARM FIRE AND CASUALTY COMPANY, WALNUT AVENUE PARTNERS, LLC v. STATE FARM FIRE AND CASUALTY COMPANY. Nos. A08A2059, A08A2139, A08A2146.Court of Appeals of Georgia. DECIDED MARCH 16, 2009. PHIPPS, […]

45 S.E.2d 789 GUNN v. AIRBANK OF AMERICA INC.; and vice versa. 31676, 31689.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1947. ADHERED TO ON REHEARING DECEMBER 20, 1947. 1. “Where this court has jurisdiction of the writ of error on a main bill of exceptions, it will consider and decide all questions properly made […]

282 S.E.2d 694 GREEN v. LOCKHART et al. 62165.Court of Appeals of Georgia. DECIDED JUNE 23, 1981. SOGNIER, Judge. The appellant having failed to timely file an enumeration of errors and brief this appeal is accordingly dismissed. Code Ann. § 24-3627. (Rule 27 C. A.). Appeal dismissed. Shulman, P. J., and Birdsong, J., concur. DECIDED […]

11 S.E.2d 667 NESBIT v. NATIONAL SURETY CORPORATION. 28570.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1940. A liquidating agent appointed by the superintendent of banks in connection with the liquidation of an insolvent bank is not a public officer of the State; and one not a party to the instrument or authorized therein to […]

217 S.E.2d 190 EDWARDS v. GEORGIA RAILROAD BANK TRUST COMPANY. 50687.Court of Appeals of Georgia.ARGUED MAY 28, 1975. DECIDED JUNE 18, 1975. QUILLIAN, Judge. In view of the ruling of Duran v. Judson, 128 Ga. App. 459 (197 S.E.2d 163), and Judson v. Duran, 231 Ga. 206 (200 S.E.2d 872), which affirmed the Court of […]

612 S.E.2d 913 RUSSAW v. BURDEN. A05A0751.Court of Appeals of Georgia. DECIDED MARCH 31, 2005. MIKELL, Judge. Rodney James Russaw appeals from the trial court’s dismissal of his complaint on the ground that he failed to respond to discovery. Russaw also contends that the trial court erred in denying his motion for default judgment and […]

172 S.E.2d 198 THOMPSON v. DEMPSEY. 44891.Court of Appeals of Georgia.SUBMITTED NOVEMBER 5, 1969. DECIDED DECEMBER 2, 1969. QUILLIAN, Judge. Mrs. Gay Daniels Dempsey filed a claim against Kenneth E. Thompson for injuries she sustained while riding as a guest passenger in Thompson’s automobile. The jury returned a verdict for the plaintiff and the defendant […]

224 S.E.2d 101 WALKER v. INMAN et al. 51535.Court of Appeals of Georgia.SUBMITTED JANUARY 14, 1976. DECIDED JANUARY 30, 1976. WEBB, Judge. Robert Walker sought a declaratory judgment that his demotion from the rank of police sergeant to patrolman effective May 29, 1973, was unlawful and of no force and effect. The trial court granted […]

35 S.E.2d 530 AULT v. WHITTEMORE. 31013.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1945. The verdict was authorized by the evidence, no error of law appears, and the court did not err in overruling the defendant’s motion for a new trial. DECIDED OCTOBER 4, 1945. Damages; from Whitfield superior court — Judge Townsend. June […]

555 S.E.2d 842 JOHN WAYNE HOOPER, EXECUTOR OF THE ESTATE OF JOHN L. HOOPER v. STATE OF GEORGIA. A01A1446.Court of Appeals of Georgia. DECIDED: OCTOBER 25, 2001 PHIPPS, Judge. John Wayne Hooper, as Executor of the Estate of John L. Hooper, appeals the trial court’s order forfeiting certain real property owned by John L. Hooper […]

474 S.E.2d 300 ORTIZ v. THE STATE. A96A0847.Court of Appeals of Georgia. DECIDED AUGUST 7, 1996. Judge Harold R. Banke. Miguel Ortiz was convicted of rape, aggravated sodomy, incest, and battery against the victim, his fifteen-year-old niece. Ortiz enumerates six errors. The victim lived with Ortiz, his wife and three children, two of Ortiz’s brothers […]

30 S.E.2d 501 SISSON, guardian, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. 30472.Court of Appeals of Georgia. DECIDED MAY 25, 1944. REHEARING DENIED JUNE 9, 1944. Where an award denying compensation was most probably influenced, at least in part, by a specific finding of fact not authorized by the evidence, it was error for […]

418 S.E.2d 430 CLEVELAND v. THE STATE. A92A0588.Court of Appeals of Georgia. DECIDED APRIL 29, 1992. BEASLEY, Judge. Appellant appeals his conviction of two counts of sale of cocaine in violation of OCGA § 16-13-30. Commander Morris of the Moultrie-Colquitt County Drug Squad participated in an undercover operation on the night of May 8, 1991. […]

202 S.E.2d 216 KING v. COX et al. 48322.Court of Appeals of Georgia.SUBMITTED JULY 9, 1973. DECIDED OCTOBER 26, 1973. CLARK, Judge. “I’m flabbergasted!” was undoubtedly the reaction of appellant who was plaintiff below when the jury returned a verdict for the defendants despite the trial court having directed a verdict for plaintiff. This litigant […]

85 S.E.2d 90 HUNTER v. THE STATE. 35370.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1954. REHEARING DENIED NOVEMBER 30, 1954. The evidence here, on the trial of the defendant for operating and maintaining a lottery, although circumstantial, was sufficient to exclude every reasonable hypothesis save that of the guilt of the accused. DECIDED OCTOBER […]

441 S.E.2d 782 BEARDEN v. CITY OF AUSTELL. A93A2369.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1994. RECONSIDERATION DISMISSED MARCH 11, 1994. POPE, Chief Judge. Appellant-employee Gil Bearden was notified of his proposed termination as a police officer for the City of Austell. After an evidentiary pre-termination hearing, the Police Committee of the Austell City […]

593 S.E.2d 731 MALCOLM O’CONNELL v. HISTORIC INVESTMENTS OF THE SOUTH, INC. A03A1937Court of Appeals of Georgia. DECIDED: JANUARY 23, 2004 MIKELL, Judge. This is the second appearance of this case before this Court. As we explained in O’Connell v. Cora Bett Thomas Realty, Inc., 254 Ga. App. 311 (563 S.E.2d 167) (2002) (“O’Connell I“), […]

106 S.E.2d 350 MOODY v. HOLLOWAY. 37369.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1958. REHEARING DENIED NOVEMBER 25, 1958. CARLISLE, Judge. Under the provisions of section 12 of the Resolutions of the General Assembly ratifying and confirming Page 698 the rules of practice and procedure in civil and criminal actions promulgated by the Supreme […]

495 S.E.2d 296 TRAVELERS INDEMNITY COMPANY v. TRUST COMPANY BANK et al. A97A1446.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1997. POPE, Presiding Judge. Plaintiff Travelers Indemnity Company (“Travelers”) brought this suit against Trust Company Bank and Jeffrey Berman, an attorney, to recover amounts Travelers had to pay when a guardian to whom it issued […]

473 S.E.2d 501 MORRIS v. ATLANTA LEGAL AID SOCIETY, INC. ET AL. A96A0493.Court of Appeals of Georgia. DECIDED JUNE 5, 1996 — RECONSIDERATION DENIED JULY 2, 1996 — CERT. APPLIED FOR Judge Harold R. Banke. Eddie Lou Morris sued Atlanta Legal Aid Society, Inc. (“Legal Aid”) and Bernard S. Dempsey, Jr., a Legal Aid attorney, […]

343 S.E.2d 167 POLKE v. THE STATE. HUNT v. THE STATE. 72003, 72004.Court of Appeals of Georgia. DECIDED MARCH 21, 1986. BIRDSONG, Presiding Judge. Defendants Larry Polke and John Hunt were jointly indicted for the offenses of kidnapping, rape, aggravated sodomy, and armed robbery. Hunt was convicted of rape, and Polke was convicted of kidnapping, […]

642 S.E.2d 195 WALLS v. THE STATE. No. A06A2050.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 2007. JOHNSON, Presiding Judge. A jury found Reuben Walls guilty of aggravated battery and aggravated assault. The trial court ordered Walls to serve consecutive 20-year sentences in confinement. Walls appeals, arguing that there is insufficient evidence to support the […]

448 S.E.2d 372 SMITH v. DEPARTMENT OF HUMAN RESOURCES et al. A94A0009.Court of Appeals of Georgia. DECIDED AUGUST 15, 1994. RECONSIDERATION DENIED AUGUST 26, 1994. BEASLEY, Presiding Judge. In January 1992, Smith filed a petition against the Georgia Department of Human Resources (“DHR”), the State Personnel Board, and the Employees’ Retirement System of Georgia. Plaintiff […]