Category: Georgia Court of Appeals Opinions

612 S.E.2d 518 JOHNSON v. THE STATE. A04A2357.Court of Appeals of Georgia. DECIDED MARCH 14, 2005. RECONSIDERATION DENIED MARCH 23, 2005. RUFFIN, Chief Judge. A jury found Johnny Johnson guilty of aggravated child molestation and several counts of child molestation. Johnson appeals, asserting that the trial court erred with respect to certain evidentiary issues and […]

262 S.E.2d 547 JACKSON et al. v. WILSON. 58304.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1979. DECIDED NOVEMBER 9, 1979. CARLEY, Judge. Appellee is an Atlanta police officer. He became a target of the investigation into the 1975 Atlanta Police Department promotional examination “cheating scandal.” After a preliminary investigation, appellee was ordered by the police […]

567 S.E.2d 313 STEVEN BLANTON v. BANK OF AMERICA f/d/b/a NATIONS BANK OF GEORGIA, N. A. A02A1504. BANK OF AMERICA f/d/b/a NATIONS BANK OF GEORGIA, N. A. v. STEVEN BLANTON. A02A1341.Court of Appeals of Georgia. DECIDED: MAY 29, 2002. ELDRIDGE, Judge. Steven Blanton entered into a contract with an Atlanta area builder for the addition […]

118 S.E.2d 284 WALKER et al. v. THE STATE. PATTERSON et al. v. THE STATE. ROBINSON et al. v. THE STATE. WILSON et al. v. THE STATE. HOWARD et al. v. THE STATE. 38677, 38678, 38679, 38680, 38681.Court of Appeals of Georgia. DECIDED JANUARY 18, 1961. FRANKUM, Judge. Each defendant named in the accusations in […]

11 S.E.2d 699 LUMBERMEN’S MUTUAL CASUALTY COMPANY et al. v. LYNCH. 28456.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1940. 1. Disability to an employee caused by a disease which results from unusual, sudden, and unexpected inhalation of gas or fumes, while performing the duties of his employment, where the disease causing the injury is […]

346 S.E.2d 857 ISBELL v. THE STATE. 72048.Court of Appeals of Georgia. DECIDED JUNE 16, 1986. McMURRAY, Presiding Judge. The defendant was accused under a multi-count indictment by the DeKalb County Grand Jury of the following offenses: Count 1, malice murder of “J. G. L.”; Count 2, felony murder of “J. G. L.”; Count 3, […]

629 S.E.2d 535 DAVIS v. THE STATE. A06A0469.Court of Appeals of Georgia. DECIDED MARCH 31, 2006. JOHNSON, Presiding Judge. Calvin Davis was tried before a jury and convicted of kidnapping, burglary, aggravated sodomy, rape, false imprisonment and giving a Page 629 false name to police. He appeals, challenging the sufficiency of the evidence and a […]

81 S.E.2d 309 PADGETT v. COLLINS. 34902.Court of Appeals of Georgia. DECIDED MARCH 12, 1954. 1. Where the plaintiff fails to prove his case as laid, or while thus proving it establishes other undisputed facts which show that he is not entitled to a verdict, it is not error for the trial court, on motion, […]

536 S.E.2d 533 IN THE INTEREST OF L. S., a child. A00A0599.Court of Appeals of Georgia. DECIDED: JUNE 26, 2000 POPE, Presiding Judge. J. T. appeals the juvenile court order terminating his parental rights. He claims that the court erred in finding that he had abandoned his child, that he had failed to properly file […]

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 […]

275 S.E.2d 791 SOVERN v. SOVERN. 60434.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1980. DECIDED DECEMBER 5, 1980. SHULMAN, Judge. Appellee filed an action to domesticate a foreign divorce decree and to enforce the alimony provisions thereof. Appellant answered the complaint and filed therewith a counterclaim seeking modification of the alimony provisions of the decree. […]

373 S.E.2d 770 DEPARTMENT OF PUBLIC SAFETY v. BOATRIGHT. 76546.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1988. REHEARING DENIED SEPTEMBER 30, 1988. CARLEY, Judge. Prior to his retirement in December of 1986, appellee-employee was employed as a state patrolman by the appellant-employer Department of Public Safety. On December 1, 1984, the employee, while in […]

291 S.E.2d 726 COOTS v. THE STATE. 63733.Court of Appeals of Georgia. DECIDED MAY 19, 1982. SOGNIER, Judge. Aggravated sodomy. This case is controlled by Division 1 of this court’s opinion in the companion case of Coots v. State, 162 Ga. App. 359 (291 S.E.2d 725) (1982), which ruled on the same issue raised by […]

397 S.E.2d 466 ATLANTA CASUALTY INSURANCE COMPANY et al. v. CREWS et al. A90A1292.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1990. REHEARING DENIED SEPTEMBER 24, 1990. BIRDSONG, Judge. This is an appeal of the order of the trial court denying appellants’ motion for summary judgment and granting appellees’ motion for partial summary judgment on […]

676 S.E.2d 287 HAMILTON-KING et al. v. HNTB GEORGIA, INC. et al. No. A08A2246.Court of Appeals of Georgia. DECIDED MARCH 23, 2009. PHIPPS, Judge. Lakeisha Nicole Hamilton-King and her two brothers were injured when the car in which they were traveling became disabled, and they then exited the car and were hit by a van. […]

578 S.E.2d 152 IN THE INTEREST OF R. S., a child. A03A0139.Court of Appeals of Georgia. Decided February 6, 2003 BLACKBURN, Presiding Judge. Appellant, the biological mother of R. S., appeals the juvenile court’s termination of her parental rights, contending that the evidence was insufficient to support the termination. For the reasons set forth below, […]

442 S.E.2d 255 KNIGHT v. STURM et al. A93A2265.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1994. RECONSIDERATION DENIED MARCH 11, 1994. BEASLEY, Presiding Judge. On January 6, 1992, Knight filed a complaint against Dr. Hiram Sturm, his physician-partners, his medical partnership, and the manufacturers and sellers of liquid silicone used as an injectable substance […]

625 S.E.2d 440 KIDD v. THE STATE. A05A1438.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 2005. RECONSIDERATION DENIED DECEMBER 15, 2005. ADAMS, Judge. Windell Ray Kidd appeals following his conviction by a jury of one count of cocaine possession and one count of giving a false name to a law enforcement officer. We affirm. Early […]

540 S.E.2d 209 JETT v. THE STATE. A00A1159.Court of Appeals of Georgia. DECIDED: SEPTEMBER 28, 2000 BLACKBURN, Presiding Judge. Following a jury trial, Brenda Jett appeals from her conviction of violating O.C.G.A. § 16-11-103, discharging a gun near a public highway. On appeal, she contends that: (1) the evidence was insufficient to support her conviction; […]

325 S.E.2d 168 GAYLORD’S NATIONAL CORPORATION v. BROWN. 68791.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1984. REHEARING DENIED DECEMBER 5, 1984. McMURRAY, Chief Judge. Plaintiff Curtis J. Brown brought suit against defendant Gaylord’s National Corporation seeking damages for false imprisonment. On September 23, 1983, defendant was served with summons and a copy of the […]

230 S.E.2d 84 ROBERTS v. THE STATE. 52906.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1976. DECIDED OCTOBER 18, 1976. SMITH, Judge. The defendant was convicted of selling cocaine and was sentenced to five years. He appeals the judgment of conviction and sentence. A detective with the South Metropolitan Narcotics Squad testified that he and an […]

420 S.E.2d 383 JAMES v. THE STATE. A92A0604.Court of Appeals of Georgia. DECIDED JUNE 29, 1992. BEASLEY, Judge. James appeals her judgment of conviction and sentence for sale of marijuana in violation of the Georgia Controlled Substances Act, OCGA § 16-13-30 (b). Based on information from a confidential informant, Special Agent McManus and a second […]

149 S.E.2d 845 UNDERCOFLER, Commissioner v. WHITE. 42020.Court of Appeals of Georgia.ARGUED MAY 2, 1966. DECIDED JUNE 22, 1966. 1. The appeal to the superior court, under Code § 92-8446, from a motor vehicle license tax assessment by the State Revenue Commissioner was a de novo investigation and the only evidence that could be there […]

500 S.E.2d 402 ANTHONY v. CHAMBLESS. A98A0595.Court of Appeals of Georgia. DECIDED MARCH 26, 1998. ELDRIDGE, Judge. This wrongful death case involves allegations of medical malpractice in the failure to diagnose and treat the decedent, Willie C. Anthony. The plaintiff, Emma Anthony, the widow of the decedent, appeals the trial court’s grant of summary judgment […]

516 S.E.2d 797 DENSON v. STATE. A99A0548.Court of Appeals of Georgia. DECIDED: APRIL 23, 1999. BANKE, Judge. Denson was convicted of possession of cocaine with intent to distribute and given a 30-year sentence. His motion for new trial was denied. In this appeal, he charges the trial court with error in denying his request for […]

642 S.E.2d 199 WASHINGTON v. THE STATE. No. A06A2189.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 2007. SMITH, Presiding Judge. A Chatham County grand jury indicted Thomas Washington on one count of sale of a controlled substance and one count of possession of tools for the commission of crime, OCGA §16-7-20. A jury convicted Washington […]

90 S.E.2d 49 SACKS et al. v. YASAITIS. 35810.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1955. REHEARING DENIED OCTOBER 14, 1955. FELTON, C. J. On a final hearing in an adoption case, where the court rendered a general judgment denying the petition for adoption without specifying his reasons therefor, the fact that the court […]

560 S.E.2d 86 SAWYER v. SAWYER. A01A2430.Court of Appeals of Georgia. February 8, 2002. BARNES, Judge. Stanley J. Sawyer appeals the judgment of the trial court dismissing his complaint against Aubrey A. Sawyer and Marvin Dukes for lack of personal service and awarding attorneys fees pursuant to O.C.G.A. § 9-15-14. He contends the trial court […]

248 S.E.2d 516 COUSINS MORTGAGE EQUITY INVESTMENTS v. HAMILTON et al. SPENCER v. COUSINS MORTGAGE EQUITY INVESTMENTS. HAMILTON v. COUSINS MORTGAGE EQUITY INVESTMENTS. 55891, 56042, 56043.Court of Appeals of Georgia.ARGUED MAY 22, 1978. DECIDED SEPTEMBER 14, 1978. BIRDSONG, Judge. We have examined this case and while we would be inclined to sustain the grants of […]

710 S.E.2d 616 WILLIS v. THE STATE. A11A0540.Court of Appeals of Georgia. DECIDED APRIL 26, 2011. ELLINGTON, Chief Judge. A Fulton County jury found Dexter Willis guilty beyond a reasonable doubt of three counts of armed robbery, OCGA § 16-8-41 (a). Following the denial of his motion for a new trial, Willis appeals, contending that […]

246 S.E.2d 442 FRANKLIN v. THE STATE. 55722.Court of Appeals of Georgia.SUBMITTED APRIL 11, 1978. DECIDED JUNE 27, 1978. SHULMAN, Judge. This appeal is from appellant’s conviction for armed robbery. 1. At the beginning of the trial, defense counsel moved for a mistrial, claiming that when appellant was brought into the courtroom the door to […]

119 S.E.2d 141 BAILEY-LEWIS-WILLIAMS OF GEORGIA, INC. v. THOMAS. 38691.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1961. REHEARING DENIED MARCH 8, 1961. CARLISLE, Judge. 1. Where the employee and the employer, or insurance carrier, fail to agree as to the payment of compensation, either party may make application to the State Board of Workmen’s […]

270 S.E.2d 407 FORD MOTOR CREDIT COMPANY v. MELLS et al. 59973.Court of Appeals of Georgia.ARGUED JUNE 16, 1980. DECIDED JULY 7, 1980. SHULMAN, Judge. Ford Motor Credit Company (hereinafter “Ford”) appeals from the grant of partial summary judgment to defendants-appellees Johnny and Debora Mells on their counterclaim alleging violations by Ford of the Truth […]

448 S.E.2d 465 FREEMAN v. THE STATE. A94A1437.Court of Appeals of Georgia. DECIDED AUGUST 15, 1994. ANDREWS, Judge. John B. Freeman was indicted for the malice murder of his wife, Gail Elaine Freeman. A jury found him guilty of the lesser included offense of voluntary manslaughter. The State presented evidence that in the course of […]

36 S.E.2d 883 ROBERTS v. ETHRIDGE; and vice versa. . 30969, 30986.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1946. 1. Except in cases of a railroad company, the master is not liable to a servant for the injuries arising from the negligence of a fellow servant about the same business. Code, § 66-304. 2. […]

433 S.E.2d 382 OWENS v. THE STATE. A93A0358.Court of Appeals of Georgia. DECIDED JUNE 28, 1993. ANDREWS, Judge. Owens, charged with murder, was convicted of voluntary manslaughter and possession of a firearm during the commission of a crime. He appeals, contending that the admission of both an oral and written statement made by him was […]

35 S.E.2d 473 ROGERS v. THE STATE. 30952.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1945. GARDNER, J. 1. The assignment of error is to the overruling of a motion for new trial which contains the general grounds and one special ground. The victim and the defendant were alone at the time of the attack. […]

40 S.E.2d 428 GORDON v. BECK GREGG HARDWARE COMPANY. 31386.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1946. REHEARING DENIED DECEMBER 4, 1946. 1. A valid contract for the purchase and sale of merchandise may be made by correspondence consisting of written orders and letters internally connected one with another, and the allegations of the […]

397 S.E.2d 165 BOSWELL v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY. A90A0849.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1990. REHEARING DENIED SEPTEMBER 19, 1990. CARLEY, Chief Judge. Appellant-plaintiff was the victim of a criminal attack while an invitee on appellee-defendant’s premises. As the result of injuries that he sustained in this attack, appellant filed this […]

581 S.E.2d 596 THOMPSON v. THE STATE. A02A2416.Court of Appeals of Georgia. Decided March 13, 2003 PHIPPS, Judge. James C. Thompson appeals his convictions for trafficking in cocaine and possession of a firearm by a convicted felon. Thompson claims the trial court erred (1) in overruling his objection to the admission of the cocaine into […]

126 S.E.2d 892 BROWNING v. KAHLE. 39401.Court of Appeals of Georgia. DECIDED MAY 15, 1962. REHEARING DENIED JULY 17, 1962. A charge not authorized by the evidence is error, although such charge may be abstractly correct. DECIDED MAY 15, 1962 — REHEARING DENIED JULY 17, 1962. Action for damages. Fulton Superior Court. Before Judge Pharr. […]

370 S.E.2d 158 HAMM v. THE STATE. 76368.Court of Appeals of Georgia. DECIDED APRIL 18, 1988. REHEARING DENIED MAY 10, 1988. McMURRAY, Presiding Judge. Defendant was convicted of armed robbery and moved for a new trial. The motion was denied and defendant appeals. Held: 1. The following evidence was adduced at trial: On January 6, […]

453 S.E.2d 754 FULLER v. CHARTER SOUTH, INC. A94A1898.Court of Appeals of Georgia. DECIDED JANUARY 12, 1995. RECONSIDERATION DENIED FEBRUARY 2, 1995. SMITH, Judge. Lea Fuller brought suit against Michael Merritt, Hector Moreno, and Charter South, Inc. to recover damages for personal injuries suffered when she was involved in a three-vehicle collision. Merritt and Moreno […]

428 S.E.2d 650 PITTS v. STATE OF GEORGIA. A92A1870.Court of Appeals of Georgia. DECIDED MARCH 4, 1993. JOHNSON, Judge. Narcotics officers executing a search warrant at the residence of Jethro Pitts and his girl friend Pam Mosely found cocaine, marijuana, and currency totaling $64,258. Though Pitts himself was not present when the officers initiated the […]

422 S.E.2d 232 GATES v. THE STATE. A92A0807.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. JOHNSON, Judge. Larry Gates was convicted by a jury of child molestation, statutory rape and rape. He appeals from his conviction and the denial of Page 334 his motion for new trial. 1. Gates argues that there was insufficient […]

146 S.E.2d 349 DALE v. CITY PLUMBING HEATING SUPPLY COMPANY, INC. et al. 41309.Court of Appeals of Georgia.ARGUED MAY 3, 1965. DECIDED OCTOBER 22, 1965. REHEARING DENIED NOVEMBER 24, 1965. 1. One may be directly injured by a wilful and malicious act nominally directed at another. Where it is alleged that the defendants, seeking both […]

234 S.E.2d 330 CHAPLIN v. THE STATE. 53159.Court of Appeals of Georgia.ARGUED JANUARY 17, 1977. DECIDED MARCH 2, 1977. REHEARING DENIED MARCH 31, 1977. McMURRAY, Judge. Defendant was charged with the offense of a misdemeanor in that he did unlawfully, knowingly and wilfully obstruct and hinder a law enforcement officer in his duty of making […]

357 S.E.2d 284 CHARVIN v. THE STATE. 74141.Court of Appeals of Georgia. DECIDED MAY 4, 1987. REHEARING DENIED MAY 15, 1987. CARLEY, Judge. Appellant was tried before a jury on an accusation charging him with abandonment of a child, a violation of OCGA § 19-10-1. The jury found that appellant was the father of the […]

325 S.E.2d 901 BLACK et al. v. GEORGIA MEMORIAL PARK CEMETERY, INC. 69500.Court of Appeals of Georgia. DECIDED JANUARY 15, 1985. BANKE, Chief Judge. Separate suits were brought by Edith M. Pearson, widow of Silas L. Pearson, and appellants, who are the nine children of the deceased, seeking actual and punitive damages from the appellee […]

397 S.E.2d 554 THE STATE v. BAKER. A90A1037.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1990. REHEARING DENIED SEPTEMBER 19, 1990. CARLEY, Chief Judge. Appellee was arrested and charged with operating a vessel while under the influence of alcohol in violation of OCGA §52-7-12. He filed a pre-trial motion to suppress. The trial court conducted […]

168 S.E.2d 827 WHISENHUNT, Administrator v. ALLEN PARKER COMPANY. 44304.Court of Appeals of Georgia.ARGUED MARCH 3, 1969. DECIDED JUNE 18, 1969. 1. The grant of a summary judgment on any issue or as to any party is subject to review by direct appeal. 2. A ground which is not supported by argument or by citation […]

606 S.E.2d 332 EARTH FIRST GRADING et al. v. GUTIERREZ. A04A1542.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 2004. PHIPPS, Judge. Earth First Grading and its workers’ compensation insurance carrier, Builders Insurance Group/Association Services, Inc., (hereinafter “employer/insurer”) appeal a superior court order affirming the State Board of Workers’ Compensation (“State Board”) award of temporary total […]

447 S.E.2d 346 ADCOCK v. THE STATE. A92A2374.Court of Appeals of Georgia. DECIDED JULY 14, 1994. ANDREWS, Judge. Our judgment in this case at 208 Ga. App. 346 (430 S.E.2d 606) (1993) has been reversed by the Supreme Court on certiorari Adcock v. State, 263 Ga. 759 (438 S.E.2d 910) (1994). Accordingly, our judgment is […]

386 S.E.2d 894 CULBERTSON v. THE STATE. A89A1058.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1989. CARLEY, Chief Judge. After a jury trial, appellant was found guilty of five counts of aggravated assault upon a correctional officer and one count of possession of a weapon by an inmate. He appeals from the judgments of conviction […]

76 S.E.2d 437 ALLGOOD et al. v. BUTLER. 34619.Court of Appeals of Georgia. DECIDED MAY 15, 1953. CARLISLE, J. 1. “Questions of negligence, proximate cause, and failure to exercise ordinary care in avoiding the consequences of another’s negligence, etc., are all questions of fact, properly for determination by a jury under appropriate instructions as to […]

224 S.E.2d 283 CINCINNATI INSURANCE COMPANY v. GWINNETT FURNITURE MART, INC.; and vice versa. 52060, 52061.Court of Appeals of Georgia.ARGUED APRIL 13, 1976. DECIDED APRIL 22, 1976. DEEN, Presiding Judge. Statement of Fact. The appellee furniture store suffered the theft of an air conditioning unit the purpose of which was to cool the interior of […]

642 S.E.2d 343 THE STATE v. McMILLON. No. A06A2440.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 2007. MIKELL, Judge. A jury convicted Perry McMillon of involuntary manslaughter for pushing his wife, Sheila McMillon, into the path of an oncoming vehicle on Highway 84 in Decatur County, during an argument outside of Fred’s Nightclub. The trial […]

396 S.E.2d 528 WISENBAKER v. WARREN et al. A90A0113.Court of Appeals of Georgia. DECIDED JULY 12, 1990. REHEARING DENIED JULY 30, 1990. COOPER, Judge. In an effort to resolve a boundary dispute, appellees, who are adjacent landowners, filed suit against appellant, also an adjacent landowner, after appellant erected a fence which allegedly encroached on appellees’ […]

104 S.E.2d 627 LOGAN v. TURNER. 37162.Court of Appeals of Georgia. DECIDED JUNE 23, 1958. REHEARING DENIED JULY 11, 1958. The court erred in permitting Howard L. Logan to be placed on the stand for the purpose of cross-examination under Code (Ann.) § 38-1801 and therefore erred in denying the defendant’s amended motion for a […]

241 S.E.2d 454 CORSON et al. v. THE STATE. 54834.Court of Appeals of Georgia.SUBMITTED NOVEMBER 8, 1977. DECIDED JANUARY 5, 1978. REHEARING DENIED JANUARY 23, 1978. BANKE, Judge. Paul and Llewellyn Corson were arrested for detonating a dynamite bomb which destroyed a Corvette automobile owned by Randy Mincey and which damaged two other automobiles parked […]

435 S.E.2d 454 OKROSS v. THE STATE. A93A0900.Court of Appeals of Georgia. DECIDED AUGUST 6, 1993. RECONSIDERATION DENIED AUGUST 26, 1993. POPE, Chief Judge. Defendant Stephen Okross appeals his conviction on one count of driving under the influence of alcohol and one count of violation of the duty upon striking a fixture. We affirm. 1. […]

348 S.E.2d 765 ROBERTS v. ROUNTREE. 72779.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1986. BIRDSONG, Presiding Judge. Dismissal for Failure of Prosecution. Prior to July 1985, one Anita Sumner died testate. William Rountree apparently had been Sumner’s legal advisor and Rountree had prepared Sumner’s will. Rountree was appointed the executor of Sumner’s estate and […]

66 S.E.2d 359 KIRKLAND, by guardian ad litem, v. WHEELER. 33672.Court of Appeals of Georgia. DECIDED JULY 16, 1951. GARDNER, J. This is a companion case with Tommie Kirkland, v. Wheeler, ante, which is an action by the wife against the defendant for personal injuries sustained as a result of a certain automobile accident, whereby […]

505 S.E.2d 532 BRAY v. THE STATE. A98A0947.Court of Appeals of Georgia. DECIDED AUGUST 7, 1998. SMITH, Judge. Eugenia Bray was convicted by a jury of DUI, no proof of insurance, and violation of the open container law. Her motion for new trial as amended was denied, and she appeals. Bray’s principal Page 787 contention […]

313 S.E.2d 125 BOONE v. THE STATE. 66941.Court of Appeals of Georgia. DECIDED JANUARY 3, 1984. POPE, Judge. Appellant appeals his conviction for possession of marijuana with intent to distribute in violation of the Georgia Controlled Substances Act. Although appellant bases his appeal upon the state’s failure to produce evidence at trial sufficient to verify […]

490 S.E.2d 532 GOSULE v. BESTCO, INC. A97A1040.Court of Appeals of Georgia. DECIDED JULY 31, 1997. BLACKBURN, Judge. Plaintiff Joseph B. Gosule appeals the grant of defendant Bestco, Inc.’s motion for summary judgment on Gosule’s suit for $70,000 due on an account. Gosule claims he is owed this sum in exchange for services he provided […]

310 S.E.2d 299 ANDERSON v. THE STATE. 66786.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1983. SHULMAN, Chief Judge. Appellant was convicted of burglary and sentenced to 20 years in prison. He appeals, asserting the general grounds and several errors allegedly committed by the trial court. 1. At trial, the evidence revealed that on January […]

228 S.E.2d 164 TOWNLEY v. PATTERSON et al. 52284.Court of Appeals of Georgia.ARGUED MAY 24, 1976. DECIDED JUNE 15, 1976. REHEARING DENIED JULY 8, 1976. Suit was originally instituted against the defendant-insurer and its agent for failure to pay claims under a fire insurance policy. The agent was never served and was not a party […]

244 S.E.2d 26 GEORGIA POWER COMPANY et al. v. BUSBIN; and vice versa. 54764, 54791.Court of Appeals of Georgia.ARGUED OCTOBER 31, 1977. DECIDED MARCH 7, 1978. REHEARING DENIED MARCH 30, 1978, IN CASE No. 54764. McMURRAY, Judge. In 1962 A. D. Busbin was employed by Georgia Power Company. He thereafter received several promotions and became […]

678 S.E.2d 152 MOORE v. MOORE-McKINNEY. No. A09A0262.Court of Appeals of Georgia. DECIDED MAY 6, 2009. ADAMS, Judge. Anthony B. Moore and Janeene H. Moore-McKinney (“McKinney”) married in 1994 and divorced in 2002. Legal custody of their two minor children was awarded to Moore and McKinney, jointly, and McKinney was designated as primary physical custodian. […]

465 S.E.2d 521 SOUTHERN GUARANTY INSURANCE COMPANY v. PREMIER INSURANCE COMPANY. A95A2066Court of Appeals of Georgia. DECIDED DECEMBER 8, 1995 SMITH, Judge. The parties to this appeal are uninsured motorist (UM) carriers disputing priority of coverage. Granting summary judgment to Premier Insurance Company (Premier), the trial court found that Southern Guaranty Insurance Company (Southern Guaranty) […]

529 S.E.2d 444 HALL v. J. H. HARVEY COMPANY. A99A2461.Court of Appeals of Georgia. DECIDED: FEBRUARY 10, 2000. BARNES, Judge. Pauline Hall sued the J. H. Harvey Company for damages after she allegedly fell in a Harvey’s grocery store. Hall appeals from the trial court’s grant of summary judgment to Harvey’s. Because the record shows […]

235 S.E.2d 606 BRUCE v. THE STATE. 53655.Court of Appeals of Georgia.ARGUED APRIL 6, 1977. DECIDED APRIL 21, 1977. REHEARING DENIED MAY 6, 1977. MARSHALL, Judge. The defendant appeals from his convictions of robbery by intimidation and aggravated assault. Held: 1. The appellant contends that the verdicts of not guilty of armed robbery (which the […]

349 S.E.2d 34 BUTLER v. DOE et al. 72466.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1986. BEASLEY, Judge. Butler filed suit against her uninsured motorist carrier, Wausau Insurance Company, and John Doe to recover for injuries she allegedly received in a collision with an uninsured motorist. Defendants served plaintiff Butler with interrogatories, one of […]

289 S.E.2d 319 REGENS v. THE STATE. 62264.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1981. REHEARING DENIED OCTOBER 22, 1981. SOGNIER, Judge. Affirmed in accordance with Court of Appeals Rule 36. Judgment affirmed. Shulman, P. J., and Birdsong, J., concur. DECIDED OCTOBER 1, 1981 — REHEARING DENIED OCTOBER 22, 1981 — CERT. APPLIED FOR. […]

472 S.E.2d 332 THE ARROW COMPANY v. SMITH. A95A1817.Court of Appeals of Georgia. DECIDED MAY 24, 1996. BIRDSONG, Presiding Judge. Following our grant of a discretionary appeal, The Arrow Company appealed the superior court’s judgment requiring The Arrow Company to pay certain medical and prescription drug expenses following an unauthorized referral to a specialist by […]

413 S.E.2d 234 HOLMAN v. THE STATE. A91A2254.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1991. McMURRAY, Presiding Judge. Defendant Holman appeals his conviction of three counts of child molestation. Held: 1. Defendant’s first enumeration of error contends that the trial court erred in denying his motion to suppress and his motion in limine which […]

562 S.E.2d 720 COLE v. THE STATE. A01A1999.Court of Appeals of Georgia. DECIDED: MARCH 5, 2002 ANDREWS, Presiding Judge. Jason Neil Cole was found guilty of possessing methamphetamine and marijuana found during a search of his car conducted by police after he was stopped for a traffic offense. He appeals claiming the search was illegal […]

287 S.E.2d 694 WEST v. THE STATE. 62810.Court of Appeals of Georgia. DECIDED JANUARY 8, 1982. BIRDSONG, Judge. William R. West was convicted of aggravated assault (with a pistol) and possessing a pistol without having a valid license on his person while carrying the pistol outside his home or business. He was sentenced to ten […]

708 S.E.2d 13 STATE OF GEORGIA v. DAMANI et al., ULTRA TELECOM, INC. v. STATE OF GEORGIA., ALLSTAR, INC. et al. v. STATE OF GEORGIA. JACKSON v. STATE OF GEORGIA. Nos. A07A1015, A07A1016, A07A1018, A07A1017.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 2011. ELLINGTON, Chief Judge. The Supreme Court of Georgia reversed our decision[1] in […]

296 S.E.2d 237 CHESTER v. THE STATE. 64504.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1982. REHEARING DENIED DECEMBER 7, 1982. McMURRAY, Presiding Judge. Defendant and his wife, as co-defendant, were jointly indicted on seven counts for the offenses of violation of the Georgia Controlled Substances Act, that is, they unlawfully possessed and had under […]

412 S.E.2d 549 ALLEN v. BERGMAN et al. A91A1733.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1991. RECONSIDERATION DENIED NOVEMBER 8, 1991. BIRDSONG, Presiding Judge. Appellant Shirley Jean Allen appeals the order of the superior court granting summary judgment in favor of appellees/defendants as to appellant’s claims under 42 U.S.C. §§ 1981 and 1983 in […]

46 S.E.2d 607 TOWNSEND v. THE TATTNALL BANK. 31891.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1948. 1. There is no merit in an oral motion, in the nature of a general demurrer, to strike the whole of the answer of a defendant, if any part thereof raises issuable facts to be tried by a […]

388 S.E.2d 533 CAGLE v. THORPE et al. A89A1705.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1989. REHEARING DENIED NOVEMBER 17, 1989. DEEN, Presiding Judge. The appellant, Jean Cagle, was injured in the course of her employment as a nurse at the Georgia Industrial Institute at Alto, Georgia, when she slipped and fell on a […]

11 S.E.2d 42 WELCH v. THE STATE. 28579.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1940. 1. “One who has filed a plea of guilty in a criminal case can not move for a new trial. Where one accused of crime voluntarily pleads guilty to the charge, a new trial can not be granted; for […]

240 S.E.2d 611 HUTCHINS v. THE STATE. 54784.Court of Appeals of Georgia.SUBMITTED OCTOBER 31, 1977. DECIDED NOVEMBER 16, 1977. PER CURIAM. The defendant was convicted of aggravated assault with a deadly weapon. An examination of the transcript reveals that all the enumerations of error are meritless and require no further consideration or elaboration. Judgment affirmed. […]

307 S.E.2d 528 ARMSTRONG v. STRAND et al. 66530.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1983. QUILLIAN, Presiding Judge. This court granted appellant’s application for interlocutory appeal from an order entered by the trial court denying his Motion to Compel Discovery. The appellees — plaintiffs below, filed an action to domesticate and enforce a […]

33 S.E.2d 23 SOUTH v. THE STATE. 30615.Court of Appeals of Georgia. DECIDED JANUARY 17, 1945. REHEARING DENIED FEBRUARY 8, 1945. 1. A writ of error coram nobis (for which the proceeding by motion is the modern substitute) will lie when it is necessary for the accused to bring some new fact before the court […]

396 S.E.2d 252 LEVINSON v. AMERICAN THERMEX, INC. A90A0609.Court of Appeals of Georgia. DECIDED JUNE 21, 1990. REHEARING DENIED JULY 11, 1990. CARLEY, Chief Judge. The relevant facts in this case are as follows: Robert Johnson and appellant-defendant executed a promissory note in their individual capacities at about the same time that Johnson obtained from […]

98 S.E.2d 153 CLOPPAS et al. v. CITIZENS SOUTHERN BANK OF ALBANY. 36476.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1957. REHEARING DENIED MARCH 13, 1957 AND MARCH 27, 1957. An action for money had and received will lie for money paid under mistake of a material fact, and which in equity and good conscience […]

548 S.E.2d 642 HINES v. THE STATE. A01A0118.Court of Appeals of Georgia. DECIDED: MARCH 23, 2001 JOHNSON, Presiding Judge. After a jury trial, Larry Hines was convicted of two counts of aggravated child molestation and two counts of child molestation for Page 753 offenses committed against his six-year-old stepson, A. S. He was also convicted […]

304 S.E.2d 435 ALLIGOOD et al. v. HENDERSON. 65383.Court of Appeals of Georgia. DECIDED APRIL 11, 1983. BIRDSONG, Judge. H. C. Alligood and his wife contracted with James Henderson for Henderson to build a model home on a lot already occupied by the Alligoods. The Alligoods had lived in a mobile home on the lot […]

254 S.E.2d 484 ROBERTS v. PATTON. 57506.Court of Appeals of Georgia.ARGUED MARCH 6, 1979. DECIDED MARCH 13, 1979. WEBB, Presiding Judge. Roberts appeals from the grant of summary judgment against him in his suit seeking special and punitive damages for fraud alleged to have been perpetrated when he purchased land in reliance on an inaccurate […]

469 S.E.2d 454 SOUTHEAST TIMBERLANDS, INC. et al. v. SECURITY NATIONAL BANK A95A2733Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1996 BEASLEY, Chief Judge. Southeast Timberlands appeals the trial court’s confirmation of a foreclosure sale carried out by its creditor, Security National Bank. Timberlands contends that a defect in the required advertisement made confirmation improper. […]