Category: Georgia Court of Appeals Opinions

467 S.E.2d 225 ASBERRY v. THE STATE A95A2759Court of Appeals of Georgia. DECIDED JANUARY 30, 1996 BLACKBURN, Judge. Cedric Asberry’s appeal of his conviction for possession of a firearm during the commission of a crime presents the first impression issue of whether or not marijuana is a controlled substance under OCGA § 16-13-30 for the […]

226 S.E.2d 142 WINN-DIXIE STORES, INC. et al. v. HARDY. 51865.Court of Appeals of Georgia.ARGUED MARCH 2, 1976. DECIDED APRIL 6, 1976. QUILLIAN, Judge. Plaintiff was a customer in defendant’s supermarket. As she walked in front of the fresh vegetable counter she slipped and fell, and injured herself. She brought this action to recover damages […]

197 S.E.2d 388 WYNN v. THE STATE. 47154.Court of Appeals of Georgia. DECIDED MARCH 16, 1973. PER CURIAM. This court’s previous judgment in 127 Ga. App. 463 (194 S.E.2d 124), is vacated and the judgment Page 534 of the Supreme Court in Wynn v. State, 230 Ga. 202, is hereby made the judgment of this […]

435 S.E.2d 688 DURHAM v. TWIGGS COUNTY BOARD OF COMMISSIONERS et al. A93A1699.Court of Appeals of Georgia. DECIDED AUGUST 24, 1993. RECONSIDERATION DENIED SEPTEMBER 9, 1993. BLACKBURN, Judge. This is an appeal from the Twiggs County Superior Court’s affirmance of the denial of a claim for workers’ compensation. We also affirm. The appellant, Bobby Durham, […]

556 S.E.2d 238 JONES v. THE STATE. A01A1036.Court of Appeals of Georgia. DECIDED: NOVEMBER 7, 2001 PHIPPS, Judge. A grand jury indicted Kenneth Wayne Jones for entering Natalie Smallwood’s vehicle, entering Ronald Drawdy’s vehicle, entering Cynthia Wilson’s vehicle, financial transaction card theft, two counts of financial transaction card fraud (at AutoZone and Western Auto), and […]

470 S.E.2d 279 ZURICH AMERICAN INSURANCE COMPANY v. DICKS A95A1861Court of Appeals of Georgia. DECIDED MARCH 15, 1996 BEASLEY, Chief Judge. June Dicks sued Zurich American Insurance Company, her former Page 726 employer’s workers’ compensation insurer. Dicks suffered a work-related injury and filed a complaint, sounding in tort, alleging that Zurich intentionally and wrongfully terminated […]

90 S.E.2d 33 KENNER v. KENNER et al. 35881.Court of Appeals of Georgia. DECIDED OCTOBER 27, 1955. CARLISLE, J. 1. Where, in a dispossessory-warrant proceeding, the defendants in their counter-affidavit allege, in the terms of the statute (Code § 61-303), that the property is not the property of the plaintiff and the defendants are not […]

152 S.E.2d 576 THONI OIL MAGIC BENZOL GAS STATIONS, INC. v. KIMSEY. 42373.Court of Appeals of Georgia.ARGUED OCTOBER 5, 1966. DECIDED NOVEMBER 1, 1966. REHEARING DENIED NOVEMBER 16, 1966. BELL, Presiding Judge. It is undisputed in this case that the employer was a corporation; that the deceased was an employee of the corporation; and that […]

431 S.E.2d 705 McSEARS v. THE STATE. A93A0289.Court of Appeals of Georgia. DECIDED MAY 10, 1993. POPE, Chief Judge. Defendant Corey McSears was convicted of armed robbery and possessing a sawed-off shotgun. He appeals his conviction and the denial of his motion for new trial. 1. Defendant first argues the trial court abused its discretion […]

440 S.E.2d 673 PATTERSON et al. v. LAUDERBACK et al. A93A2358.Court of Appeals of Georgia. DECIDED JANUARY 13, 1994. RECONSIDERATION DENIED FEBRUARY 9, 1994. ANDREWS, Judge. After Mary Burke Patterson died as a result of injuries she suffered in a two-automobile accident with Kenneth Lauderback, the plaintiffs brought this wrongful death action against Lauderback and […]

156 S.E.2d 195 PETERS v. THE STATE. 42627.Court of Appeals of Georgia.ARGUED MARCH 7, 1967. DECIDED MAY 19, 1967. 1. The State carried its burden of showing that the officer arresting the defendant without a warrant acted on reasonably trustworthy information sufficient to warrant a prudent man under the circumstances in making the arrest. 2. […]

244 S.E.2d 135 STONE v. CITIZENS SOUTHERN NATIONAL BANK. 55032.Court of Appeals of Georgia.ARGUED JANUARY 3, 1978. DECIDED APRIL 6, 1978. SMITH, Judge. Stone appeals from an order of resale and from a confirmation of sales. Under the circumstances of this case, the appeal from the order of resale is premature, and we must dismiss […]

503 S.E.2d 99 RICHARDS v. THE STATE. A96A2349.Court of Appeals of Georgia. DECIDED JUNE 25, 1998. SMITH, Judge. In Richards v. State, 225 Ga. App. 777 (484 S.E.2d 683) (1997), we affirmed the trial court’s denial of Brian Richards’s motion to suppress, concluding that the trial court’s failure to suppress breath test results constituted harmless […]

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 […]

640 S.E.2d 618 LAYFIELD v. DEPARTMENT OF TRANSPORTATION et al. No. A04A1786.Court of Appeals of Georgia. DECIDED NOVEMBER 27, 2006. RECONSIDERATION DENIED JANUARY 3, 2007. BLACKBURN, Presiding Judge. This is the second appearance of this appeal in this Court. See Layfield v. Dept. of Transp.[1] (“Layfield I“). As set forth in Layfield I, Carol Layfield […]

347 S.E.2d 635 WILLIAMS v. CHARTER CREDIT COMPANY. 72531.Court of Appeals of Georgia. DECIDED JUNE 23, 1986. REHEARING DENIED JULY 9, 1986. SOGNIER, Judge. Charter Credit Company (Charter) brought suit to recover $145.40 from Jannie C. Williams on an overdue promissory note. Williams answered and counterclaimed seeking $100 for an alleged violation of OCGA § […]

43 S.E.2d 584 BUCHANAN v. THE STATE. 31635.Court of Appeals of Georgia. DECIDED JULY 16, 1947. The court did not err in overruling and dismissing the certiorari for any of the reasons assigned. DECIDED JULY 16, 1947. Certiorari; from Fulton Superior Court — Judge Almand. April 9, 1947. Frank A. Bowers, James R. Venable, for […]

211 S.E.2d 9 DELTA EQUITIES, INC. v. LARWIN MORTGAGE INVESTORS. 49747.Court of Appeals of Georgia.SUBMITTED OCTOBER 2, 1974. DECIDED NOVEMBER 6, 1974. REHEARING DENIED NOVEMBER 22, 1974. PANNELL, Presiding Judge. This case originally was before us on appeal by appellee from denial of a motion for summary judgment, which was sustained Larwin Mortgage Investors v. […]

555 S.E.2d 156 PRESLEY v. THE STATE. A01A1573.Court of Appeals of Georgia. DECIDED: OCTOBER 10, 2001. ELLINGTON, Judge. A Barrow County jury convicted Dallas Lee Presley of conspiracy to commit aggravated assault, O.C.G.A. §§ 16-4-8; 16-5-21 (a); and Page 824 delivery of a firearm to an inmate, O.C.G.A. § 42-4-13 (d) (1)(A). Following the denial […]

229 S.E.2d 29 WILSON v. N.E. ISAACSON OF GEORGIA, INC. 52460.Court of Appeals of Georgia.ARGUED JULY 7, 1976. DECIDED SEPTEMBER 16, 1976. MARSHALL, Judge. Appellant filed a complaint against his employer, N.E. Issacson of Georgia, Inc., appellee herein, for damages arising from a personal injury on the job and for salary which he alleges was […]

178 S.E.2d 774 RADFORD v. SEABOARD COAST LINE RAILROAD COMPANY. 45607.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1970. DECIDED OCTOBER 27, 1970. REHEARING DENIED NOVEMBER 6, 1970. JORDAN, Presiding Judge. The plaintiff was injured while employed as a machinist by one of the railroad companies which later merged to form the defendant company. He had […]

93 S.E.2d 178 WALKER v. B. E. ROBUCK, INCORPORATED. 36100.Court of Appeals of Georgia. DECIDED APRIL 11, 1956. REHEARING DENIED APRIL 25, 1956. It is a fundamental principle that one who can read must read; and the signing of a paper would be a waiver of representations alone as to the contents thereof. However, such […]

680 S.E.2d 474 MULLINS v. THE STATE. No. A09A0382.Court of Appeals of Georgia. DECIDED JUNE 16, 2009. MILLER, Chief Judge. Following a jury trial, Jimmy Mullins was convicted of a single count of terroristic threats (OCGA § 16-11-37). He filed an amended motion for new trial, which was denied, and now appeals. Mullins alleges that […]

473 S.E.2d 539 WHITE v. THE STATE. A96A0949.Court of Appeals of Georgia. DECIDED JUNE 25, 1996. BIRDSONG, Presiding Judge. Willard Frank White appeals his conviction of rape, aggravated sodomy, and two counts of child molestation of his 33-month-old granddaughter and enumerates three errors. For prior appellate history, see White v. State, 211 Ga. App. 694 […]

614 S.E.2d 477 JOHNSON v. THE STATE. A05A0354.Court of Appeals of Georgia. DECIDED APRIL 19, 2005. SMITH, Presiding Judge. Keith L. Johnson appeals from the denial of his pro se motion to withdraw his guilty plea. The State concedes that Johnson was entitled to the representation of counsel and a hearing on his motion to […]

21 S.E.2d 106 PHOENIX MUTUAL LIFE INSURANCE CO. v. FEENEY. 29139.Court of Appeals of Georgia. DECIDED JUNE 17, 1942. A twenty-year payment policy of insurance was issued on the life of the insured on July 17, 1899, and became a paid-up policy on July 17, 1919. The insured died on March 15, 1940. He had […]

620 S.E.2d 846 BARNES et al. v. CITY OF ATLANTA; and vice versa. A05A0873, A05A0874.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 2005. JOHNSON, Presiding Judge. The plaintiffs in a class action suit against the City of Atlanta (the “City”) appeal from the orders of the trial court on their motions for attorney fees, partial […]

259 S.E.2d 639 CLYDE CHESTER REALTY COMPANY v. STANSELL. 57792.Court of Appeals of Georgia.ARGUED MAY 7, 1979. DECIDED SEPTEMBER 4, 1979. REHEARING DENIED SEPTEMBER 18, 1979. SHULMAN, Judge. Plaintiff sued defendant for breach of an agency contract which allegedly authorized the defendant to sell plaintiff’s business, fixtures and equipment to one Earl Harris (not a […]

368 S.E.2d 570 JAMES v. ELDER. 76146.Court of Appeals of Georgia. DECIDED APRIL 8, 1988. BANKE, Presiding Judge. Mrs. Etha King Elder died testate on June 14, 1986. Her executor, the appellee herein, filed the present action to obtain a judicial declaration that the estate was entitled to the proceeds of certain checking and savings […]

395 S.E.2d 80 CALLAHAN et al. v. PANFEL et al. A90A0647.Court of Appeals of Georgia. DECIDED JUNE 12, 1990. BANKE, Presiding Judge. This appeal is from a judgment entered on a jury verdict awarding the appellees attorney fees and other damages based on the appellants’ refusal to return an earnest money deposit owed to them. […]

241 S.E.2d 589 NETTLES v. THE STATE. 54907.Court of Appeals of Georgia.SUBMITTED NOVEMBER 9, 1977. DECIDED JANUARY 4, 1978. BANKE, Judge. The appellant appeals his conviction for aggravated sodomy. The sufficiency of the evidence is not at issue. 1. It was not error to refuse to grant a motion for continuance based on the absence […]

369 S.E.2d 349 BROOKS v. THE STATE. 75840.Court of Appeals of Georgia. DECIDED MAY 9, 1988. POPE, Judge. Defendant James Lee Brooks was convicted of two counts of forgery in the first degree (OCGA § 16-9-1) and four counts of forgery in the second degree (OCGA § 16-9-2). Upon a showing of indigence, counsel was […]

504 S.E.2d 25 CARRIER TRANSICOLD DIVISION v. SOUTHEAST APPRAISAL RESOURCE ASSOCIATES, INC. A98A0431.Court of Appeals of Georgia. DECIDED JUNE 30, 1998. McMURRAY, Presiding Judge. Carrier Corporation is a Delaware corporation registered to do business in Georgia, and its registered agent for service of process is C. T. Corporation System. Carrier Transicold Division is not a […]

542 S.E.2d 564 CALDWELL v. THE STATE. EL-040C A00A1025.Court of Appeals of Georgia. November 20, 2000 ELDRIDGE, Judge. Following a bifurcated trial, a Fulton County jury found William Caldwell guilty of armed robbery and possession of a firearm by a convicted felon. Finding no error, we affirm his convictions. Viewed in a light to support […]

66 S.E.2d 757 BITUMINOUS CASUALTY CORPORATION et al. v. WACHT. 33623.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1951. Where a divorce decree prohibits the guilty party from remarrying, such decree is without effect outside the territorial limits of this State, and where such party leaves the State prior to the decree, relying upon her […]

210 S.E.2d 237 EMPIRE BANKING COMPANY v. MARTIN. 49442.Court of Appeals of Georgia.SUBMITTED MAY 28, 1974. DECIDED OCTOBER 22, 1974. The prayer for relief constitutes no part of the pleader’s cause of action; a pleading should not be dismissed for legal insufficiency unless it appears to a certainty that the claimant is entitled to no […]

233 S.E.2d 273 ARNOLD v. DeKALB COUNTY. 53391.Court of Appeals of Georgia.SUBMITTED FEBRUARY 15, 1977. DECIDED FEBRUARY 17, 1977. WEBB, Judge. 1. Appellant contends that since the Supreme Court has now ruled in White v. Ga. Power Co., 237 Ga. 341, 343 (227 S.E.2d 385) (1976) that it is the duty of the fact finder […]

245 S.E.2d 27 BROWN v. NATIONAL VAN LINES, INC. et al. 55476.Court of Appeals of Georgia.ARGUED MARCH 6, 1978. DECIDED APRIL 19, 1978. REHEARING DENIED MAY 3, 1978. WEBB, Judge. The trial court opened the default below on the basis “that there had been an excusable neglect, in that the relationship [of defendant to other […]

581 S.E.2d 736 THE STATE v. HARRIS et al. A03A0183.Court of Appeals of Georgia. DECIDED: MAY 5, 2003 RUFFIN, Presiding Judge. Jessie Harris and Alfonso Santollo were charged with trafficking in cocaine and other cocaine related offenses. The two filed motions to suppress evidence, which the trial court granted. The State appeals the trial court’s […]

95 S.E.2d 38 LANIER v. LAMON. 36268.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1956. Where there is no evidence from which a jury can find the extent of a partial failure of consideration, a directed verdict for the plaintiff suing on the contract is proper. DECIDED OCTOBER 17, 1956. Action on note; directed verdict. […]

151 S.E.2d 846 CROKER v. THE STATE. 42234.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1966. DECIDED SEPTEMBER 29, 1966. REHEARING DENIED OCTOBER 20, 1966. 1. Implements of crime discovered by a search incident to a lawful arrest are admissible in evidence. Where the arresting officer, who had two days earlier received a warrant for the […]

521 S.E.2d 365 GOULD v. THE STATE. A99A1485.Court of Appeals of Georgia. DECIDED: JULY 23, 1999. McMURRAY, Presiding Judge. Defendant Sandey Damon Gould, also known as Sandy Gould and “Hardtime” was tried before a jury and found guilty of armed robbery (Count 1) and criminal attempt to commit robbery (Count 2). His motion for new […]

396 S.E.2d 587 CARREKER v. HARPER. A90A0400.Court of Appeals of Georgia. DECIDED JULY 31, 1990. REHEARING DENIED AUGUST 20, 1990. DEEN, Presiding Judge. Plaintiff, Carol Carreker, appeals from the jury verdict and judgment entered thereon in favor of defendant Dr. James E. Harper in this medical malpractice case. 1. Plaintiff alleges that defendant was negligent […]

382 S.E.2d 140 FULLARD et al. v. SOUTHERN MUTUAL INSURANCE COMPANY. A89A0173.Court of Appeals of Georgia. DECIDED APRIL 24, 1989. REHEARING DENIED MAY 8, 1989. DEEN, Presiding Judge. James (“Junior”) and Nell Fullard brought suit against Southern Mutual Insurance Company after the company refused to pay their claim for fire damage to their home. They […]

156 S.E.2d 384 CROUCH et al. v. NICHOLSON. 42681.Court of Appeals of Georgia.ARGUED APRIL 4, 1967. DECIDED MAY 25, 1967. REHEARING DENIED JUNE 14, 1967. The enumerated errors, concerning instructions by the court, are without merit. ARGUED APRIL 4, 1967 — DECIDED MAY 25, 1967 — REHEARING DENIED JUNE 14, 1967 — CERT. APPLIED FOR. […]

145 S.E.2d 291 ROCKER et al. v. WINDSOR FOREST, INC. 41455.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1965. DECIDED SEPTEMBER 23, 1965. The evidence on the trial of the defendant’s plea to the jurisdiction being insufficient to establish that the defendant, a foreign corporation, maintained an agent and place of doing business in DeKalb County […]

266 S.E.2d 553 RIKER et al. v. McKNEELY. 59330.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1980. DECIDED MARCH 7, 1980. DEEN, Chief Judge. Craig Riker was driving his father’s automobile when it was involved in a collision with a vehicle driven by Mrs. McKneely. Several months later, she brought suit against the Rikers for personal […]

442 S.E.2d 480 KROGER COMPANY, INC. v. BAILEY et al. A94A0046.Court of Appeals of Georgia. DECIDED MARCH 25, 1994. ANDREWS, Judge. We granted Kroger Company’s application for interlocutory appeal after the denial of its motion for summary judgment. The pertinent facts are as follows. On October 22, 1991, plaintiff/appellee James Bailey was struck in the […]

259 S.E.2d 751 NABISCO, INC. v. WALKER. 58355.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED SEPTEMBER 26, 1979. QUILLIAN, Presiding Judge. This is an appeal from a judgment of the superior court which affirmed an award of the State Board of Workers’ Compensation Held: Affirmed in accordance with Court of Appeals Rule 36. Judgment […]

483 S.E.2d 874 WILLIAMS v. THE STATE. A96A2142.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1997. SMITH, Judge. On December 16, 1993, Mary Williams was indicted on three counts of sale of cocaine in violation of the Georgia Controlled Substances Act. OCGA § 16-13-20 et seq. In count one she was charged with sale of […]

330 S.E.2d 432 FULTON-DeKALB HOSPITAL AUTHORITY v. HADLEY. 70032.Court of Appeals of Georgia. DECIDED APRIL 8, 1985. POPE, Judge. Workers’ compensation. The Fulton-DeKalb Hospital Authority, d/b/a Grady Memorial Hospital (hereinafter “Grady”), brings this appeal from an award of workers’ compensation benefits to claimant Maria Hadley. As is pertinent here, the evidence shows that claimant is […]

463 S.E.2d 376 KIMBRELL et al. v. CONNOR. A95A1730.Court of Appeals of Georgia. DECIDED OCTOBER 25, 1995. ANDREWS, Judge. J. A. Kimbrell and Sylvania Mobile Homes, Inc. (“Sylvania”) appeal the dismissal of their contract case. In March 1990, the parties, who were in the business of selling mobile homes, entered into an agreement in which […]

556 S.E.2d 545 HILL v. THE STATE. A01A2542.Court of Appeals of Georgia. DECIDED: NOVEMBER 15, 2001 JOHNSON, Presiding Judge. A trial judge, sitting without a jury, found Holly Day Hill guilty of driving under the influence of alcohol. In her sole enumeration of error, Hill contends the trial court erred in denying her motion to […]

620 S.E.2d 483 ISAAC v. THE STATE. A05A1086.Court of Appeals of Georgia. DECIDED AUGUST 29, 2005. BARNES, Judge. Abdul Rashid Isaac appeals his convictions for armed robbery, kidnapping, and kidnapping with bodily injury and asserts six errors by the trial court. He alleges that: (1) he was not competent at the time of the crime, […]

204 S.E.2d 525 CHEW CONSTRUCTION COMPANY, INC. v. OCONEE REST HOME, INC. 48808.Court of Appeals of Georgia.SUBMITTED JANUARY 15, 1974. DECIDED JANUARY 25, 1974. REHEARING DENIED FEBRUARY 6, 1974. STOLZ, Judge. This case is an appeal from the grant of a partial summary judgment striking the plaintiff construction company’s prayer seeking a special lien on […]

26 S.E.2d 206 CALLAWAY, trustee, v. QUALITY MOTORS INC. 29991.Court of Appeals of Georgia. DECIDED MAY 7, 1943. REHEARING DENIED JUNE 26, 1943. 1. Although an employee may, under the provisions of the workmen’s compensation act, be entitled to an award against the employer of a sum to compensate for medical services to the employee […]

577 S.E.2d 1 RANDOLPH COUNTY, GEORGIA v. SETTLES BROTHERS, INC. A02A1705.Court of Appeals of Georgia. DECIDED: DECEMBER 18, 2002 ANDREWS, Presiding Judge. Randolph County appeals from the trial court’s order on summary judgment finding that Settles Brothers, Inc. occupied a surety-like position on a note owed to the County and that the County’s failure to […]

275 S.E.2d 121 SHANNON et al. v. WALT DISNEY PRODUCTIONS, INC. et al. 60145.Court of Appeals of Georgia.ARGUED JUNE 6, 1980. DECIDED NOVEMBER 21, 1980. SMITH, Judge. Appellant Craig Shannon, by next friend, brought an action for negligence. The trial court granted appellees’ motion for summary judgment on the grounds that 1) the negligence claim […]

442 S.E.2d 818 THE STATE v. BROWN. A93A2467.Court of Appeals of Georgia. DECIDED MARCH 14, 1994. RECONSIDERATION DENIED APRIL 1, 1994. BIRDSONG, Presiding Judge. The State of Georgia appeals the grant of Ronald Brown’s motion to suppress evidence. The State’s evidence at the hearing on motion to suppress shows that police officers on patrol drove […]

712 S.E.2d 592 MEMAR v. JEBRAEILLI. No. A11A0541.Court of Appeals of Georgia. DECIDED JUNE 20, 2011. MILLER, Presiding Judge. This is the third appearance of this case before this Court. In Memar v. Jebraeilli, 303 Ga. App. 557, 562 (1), 563 (3), (4) (694 SE2d 172) (2010) (“Memar I“), [1] we affirmed the trial court’s […]

659 S.E.2d 856 GREEN v. RAW DEAL, INC. No. A07A1898.Court of Appeals of Georgia. DECIDED MARCH 24, 2008. MILLER, Judge. Raw Deal, Inc. brought a verified complaint on account against Drew T. Green d/b/a Green’s Supplement Wholesalers and d/b/a JSW Manufacturing, and Green’s Supplement Wholesalers, Inc. (collectively “Green”) regarding certain health-related products Green had ordered […]

479 S.E.2d 460 PETTIS v. THE STATE. A96A2365.Court of Appeals of Georgia. DECIDED DECEMBER 17, 1996 — CERT. APPLIED FOR. BLACKBURN, Judge. Patrick Lamont Pettis appeals his conviction of armed robbery, raising the sufficiency of evidence and challenging several of the trial court’s evidentiary rulings. Because Pettis raises no reversible error, we affirm the conviction. […]

296 S.E.2d 747 BARBER v. THE STATE. 64609.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1982. BIRDSONG, Judge. Armed Robbery. Lester Barber was convicted of armed robbery and sentenced to serve eight years. He brings this appeal enumerating two errors. Held: 1. In his first enumeration of error, Barber contends the trial court erred in […]

628 S.E.2d 191 DEPARTMENT OF HUMAN RESOURCES v. CREWS. A05A2116.Court of Appeals of Georgia. DECIDED MARCH 7, 2006. RUFFIN, Chief Judge. David Crews d/b/a Crews Mobile Home Service (“Crews”) sued the Department of Human Resources (“DHR”), alleging that his business was damaged when a Crews company truck was struck by a vehicle driven by an […]

397 S.E.2d 301 IN THE INTEREST OF N. A. B. et al., children. A90A1769.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1990. SOGNIER, Judge. The father of twin minor girls, N. A. B. and D. N. B., filed a petition in the Juvenile Court of Madison County alleging that the children were deprived under OCGA […]

235 S.E.2d 661 TRADING ASSOCIATES, INC. v. TRUST COMPANY BANK. 53617.Court of Appeals of Georgia.ARGUED MARCH 3, 1977. DECIDED MAY 6, 1977. MARSHALL, Judge. The plaintiff checking account customer brought this action against its bank, defendant, alleging that the plaintiff, on four dates in October, 1975, had deposited to its account five checks, totaling $1,550, […]

226 S.E.2d 154 COLSON v. THE STATE. 51676.Court of Appeals of Georgia.ARGUED JANUARY 9, 1976. DECIDED APRIL 16, 1976. EVANS, Judge. The defendant was indicted for murder and was convicted of voluntary manslaughter and sentenced to serve five years. Defendant appeals. Held: 1. The motion by appellant to dismiss the brief by the state because […]

335 S.E.2d 721 PATTERSON v. AMERICAN MOTORISTS INSURANCE COMPANY. 70320.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1985. REHEARING DENIED DECEMBER 4, 1985. POPE, Judge. Did the trial court commit reversible error granting appellee insurer’s motion for summary judgment on the ground that the pertinent portion of the application for insurance in this case (set […]

263 S.E.2d 220 SAFE-LITE MANUFACTURING, INC. v. C. E. MORGAN BUILDING PRODUCTS, INC. 57610.Court of Appeals of Georgia.ARGUED APRIL 4, 1979. DECIDED NOVEMBER 19, 1979. BIRDSONG, Judge. The decision of this court in the above-styled case (Safe-Lite Manufacturing, Inc. v. C. E. Morgan Building Products, Inc., 150 Ga. App. 172 (257 S.E.2d 19)) having been […]

529 S.E.2d 899 WIDENER v. THE STATE. A99A1645.Court of Appeals of Georgia. DECIDED: FEBRUARY 21, 2000. SMITH, Judge. After a bench trial, Mark Jason Widener was convicted of possession of marijuana and appeals the judgment of conviction. Construed to support the verdict, the evidence shows that the police executed a no-knock search warrant on the […]

558 S.E.2d 5 GERALD W. KELLER v. THE STATE OF GEORGIA. A01A0926, A01A0927.Court of Appeals of Georgia. DECIDED: AUGUST 6, 2001 PHIPPS, Judge. Gerald W. Keller appeals the trial court’s denial of his motions for new trial and for sentence clarification and modification. Although Keller filed separate notices of appeal, we have consolidated the cases […]

474 S.E.2d 703 SAPEU v. THE STATE. A96A1122.Court of Appeals of Georgia. DECIDED AUGUST 15, 1996. RUFFIN, Judge. A jury convicted Paul Sapeu of two counts of cruelty to children. The convictions stemmed from Sapeu’s actions in disciplining his son by pouring scalding water over the child’s body and failing to seek medical attention for […]

682 S.E.2d 369 GEICO GENERAL INSURANCE COMPANY v. WRIGHT et al. No. A09A1589.Court of Appeals of Georgia. DECIDED JULY 17, 2009. BLACKBURN, Presiding Judge. Douglas Wright and his wife sued a car driver to recover for Wright’s injuries suffered in a motor vehicle collision in Georgia. Wright served GEICO General Insurance Company (“GEICO”) with Page […]

451 S.E.2d 496 KESLER v. THE STATE. MATTHEWS v. THE STATE. CUZZORT v. THE STATE. A94A1532, A94A1819, A94A1868.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1994. RECONSIDERATION DENIED DECEMBER 12, 1994. RUFFIN, Judge. Timothy Kesler, Herbert Matthews and Thurman Cuzzort were indicted for burglary and tried jointly in a jury trial. Kesler and Cuzzort were […]

513 S.E.2d 263 RIVERS v. THE STATE. A98A2242.Court of Appeals of Georgia. DECIDED: MARCH 1, 1999. JOHNSON, Chief Judge. Emanuel Rivers appeals his conviction of possession of cocaine. He contends that the trial court gave an erroneous similar transactions charge to the jury. We agree and reverse his conviction. 1. The trial court gave the […]

16 S.E.2d 214 WHATLEY v. HENRY. 28837.Court of Appeals of Georgia. DECIDED JULY 16, 1941. REHEARING DENIED JULY 31, 1941. 1. When one motorist is meeting another it is his duty to sound his horn, or give other like warning, when traveling along a highway “not clear” as defined by the Code, § 68-303(j), or […]

108 S.E.2d 180 LIBERTY MUTUAL INSURANCE COMPANY et al. v. THOMAS et al. 37539.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1959. The award of the State Board of Workmen’s Compensation allowing compensation was authorized by the evidence, and the Superior Court of Floyd County did not err in affirming such award. DECIDED FEBRUARY 16, […]

291 S.E.2d 439 WESTBERG et al. v. STAMM. 63443.Court of Appeals of Georgia. DECIDED MAY 18, 1982. BIRDSONG, Judge. This is an adoption proceeding under Code Ann. § 74-405, filed by the Westbergs against the natural mother, Linda E. Stamm. The Westbergs originally obtained temporary legal custody of the minor child by order of a […]

588 S.E.2d 434 CAREY v. THE STATE. A03A1030.Court of Appeals of Georgia. DECIDED: SEPTEMBER 9, 2003 ANDREWS, Presiding Judge. A DeKalb County jury found Phillip Carey guilty of two counts of disorderly conduct. On appeal, Carey claims that the trial court erred in denying his motions to dismiss and in arrest of judgment because the […]

410 S.E.2d 351 HARRIS v. THE STATE. A91A1266.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1991. COOPER, Judge. Appellant was convicted by a jury of aggravated battery, aggravated assault and two counts of possession of a knife during the commission of a crime. On appeal, her sole enumeration of error is the trial court’s admission […]

265 S.E.2d 370 QUALITY SCREEN PROCESS CORPORATION v. COLLINS. 59056.Court of Appeals of Georgia.ARGUED JANUARY 15, 1980. DECIDED FEBRUARY 13, 1980. McMURRAY, Presiding Judge. William Perry Collins was an employee of Quality Screen Process Corporation. He was subsequently Page 449 terminated by his employer. Whereupon, Collins sued Quality Screen Process Corporation for damages, actual ($5,500) […]

64 S.E.2d 83 HARRISON v. THE STATE. 33407.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1951. The verdict of guilty in the city court being authorized by the evidence, and the special grounds, as to the admission of evidence and the refusal of a mistrial, being without merit, the superior court did not err in […]

661 S.E.2d 618 LOPEZ v. THE STATE. No. A08A0099.Court of Appeals of Georgia. DECIDED APRIL 17, 2008. BERNES, Judge. A Gwinnett County jury convicted Marcos Tulio Lopez of two counts of child molestation, and the trial court denied his motion for new trial. On appeal, Lopez contends that the trial court erred by Page 211 […]

67 S.E.2d 593 SHEFFIELD v. ERVIN. 33697.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1951. REHEARING DENIED NOVEMBER 15, 1951. 1. The motion to dismiss the writ of errors is without merit and is therefore overruled. 2. The court erred is disallowing the second amendment tendered by plaintiff even though tendered after the leave to […]

428 S.E.2d 386 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. BUTLER. A92A2112.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1993. RECONSIDERATION DENIED FEBRUARY 23, 1993. CARLEY, Presiding Judge. The facts, insofar as they are relevant to the resolution of the instant appeal, are as follows: On February 16, 1990, appellee-plaintiff lost control of his automobile […]

476 S.E.2d 842 MOSIER v. THE STATE. A96A2177.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1996. ELDRIDGE, Judge. The state joined for trial two indictments charging Gary Mosier with separate offenses of burglary; he was convicted of both and appeals only his conviction under Indictment No. 94CR17,077 for the burglary of the residence of Carol […]

149 S.E.2d 382 BROWN v. THE STATE. 41987.Court of Appeals of Georgia.SUBMITTED MAY 3, 1966. DECIDED MAY 10, 1966. NICHOLS, Presiding Judge. 1. In an accusation charging the defendant with the possession of nontax-paid liquor an allegation stating the quantity possessed is mere surplusage since the possession of any quantity of such nontax-paid liquor is […]

371 S.E.2d 193 PLANNED COMMUNITY SERVICES, INC. et al. v. SPIELMAN et al. 76601.Court of Appeals of Georgia. DECIDED JUNE 8, 1988. REHEARING DENIED JULY 5, 1988. DEEN, Presiding Judge. On February 13, 1985, the appellee, Beatrice Spielman, slipped and fell on a patch of ice on a sidewalk as she approached the condominium Page […]

387 S.E.2d 1 REID et al. v. BRAZIL et al. A89A1355.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1989. REHEARING DENIED SEPTEMBER 25, 1989. DEEN, Presiding Judge. Odis Brazil underwent what he contends was an unnecessary surgical hernia repair on September 25, 1985. On September 14, 1987, he and his wife commenced a medical malpractice […]

289 S.E.2d 24 HAMBRIGHT v. THE STATE. 63473.Court of Appeals of Georgia. DECIDED MARCH 11, 1982. REHEARING DENIED MARCH 31, 1982. DEEN, Presiding Judge. Terry Hambright brings this appeal following his conviction of theft by receiving a motor vehicle, alteration of a motor vehicle identification number and unauthorized use of a registration plate following the […]

490 S.E.2d 403 HARTLEY et al. v. MACON BACON TUNE, INC. A97A0238.Court of Appeals of Georgia. DECIDED JULY 11, 1997. RECONSIDERATION DENIED JULY 29, 1997 — CERT. APPLIED FOR. BIRDSONG, Presiding Judge. Robin T. and Teresa L. Hartley appeal from the grant of summary judgment to Macon Bacon Tune, Inc., d/b/a Precision Tune, in the […]

112 S.E.2d 430 BEDGOOD v. THE STATE. 37949.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1959. REHEARING DENIED NOVEMBER 19, 1959. 1. As to the general grounds, the evidence is sufficient to sustain the verdict. 2. It is within the discretion of a trial judge as to whether or not secondary evidence is admitted, where […]

671 S.E.2d 884 INTOWN REDEVELOPMENT ALLIANCE, LLC v. RELIANCE EQUITIES, LLC et al. No. A08A1751.Court of Appeals of Georgia. DECIDED DECEMBER 30, 2008. ANDREWS, Judge. Intown Redevelopment Alliance, LLC and Reliance Equities, LLC are owners, as tenants in common, of real property located in Fulton County. At issue is whether fiduciary duties generally owed between […]

384 S.E.2d 888 THE STATE v. O’QUINN. A89A0031.Court of Appeals of Georgia. DECIDED JUNE 30, 1989. REHEARING DENIED JULY 17, 1989. BIRDSONG, Judge. The State of Georgia appeals from the grant of appellee’s motion to quash the indictment against him. The record does not contain any written motion to quash. The transcript reveals that appellee, […]

676 S.E.2d 434 THE STATE v. FELTON. No. A08A1817.Court of Appeals of Georgia. DECIDED MARCH 26, 2009. BARNES, Judge. The State appeals from the trial court’s order granting Marquis G. Felton’s motion to suppress marijuana found by police during a traffic stop.[1] The State contends that the trial court erred in granting Felton’s motion upon […]