Category: Georgia Court of Appeals Opinions

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 […]

55 S.E.2d 907 CITY OF DALTON v. COCHRAN. 32685.Court of Appeals of Georgia. DECIDED OCTOBER 27, 1949. 1. The motion to dismiss the bill of exceptions is without merit. 2. (a) Reasonable definiteness and certainty in pleading is all that should be required, and fictitious demands by special demurrer are not to be encouraged. Code […]

123 S.E.2d 269 KING v. DAVISON-PAXON COMPANY. 39183.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1961. The petition of the plaintiff, seeking to recover damages for injuries sustained because of the defendant’s alleged negligence while plaintiff was an invitee in defendant’s store, did not state a cause of action; and the trial court did not […]

261 S.E.2d 470 NEW CONCEPT PHYSICAL FITNESS CENTERS, INC. v. ALLEN ADVERTISING, INC. 58533.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1979. DECIDED OCTOBER 12, 1979. DEEN, Chief Judge. Where the appellant has evidence in its possession at the time of trial and knows that it possesses such evidence and does not avail itself of it, […]

262 S.E.2d 596 GEORGIA REAL ESTATE COMMISSION v. BROWN. 58541.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1979. DECIDED NOVEMBER 14, 1979. QUILLIAN, Presiding Judge. Appeal was taken by the Georgia Real Estate Commission from the judgment of the lower court reversing the Commission’s order which suspended the real estate license of the appellee Gladys R. […]

208 S.E.2d 134 MORTON v. THE STATE (two cases). 49426, 49427.Court of Appeals of Georgia.ARGUED MAY 29, 1974. DECIDED JUNE 19, 1974. REHEARING DENIED JULY 10, 1974. DEEN, Judge. The defendant appeals from a robbery conviction. It appears that two men in daylight entered a liquor store; that one identified as the defendant, who was […]

509 S.E.2d 342 BOLAND v. GEORGIA EYE INSTITUTE, INC. ET AL. A98A0785.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1998. JOHNSON, Presiding Judge. Ryan Boland, M. D., sued Georgia Eye Institute Inc. [“GEI”] and Memorial Medical Center, Inc. [“MMC”] for alleged breach of an employment agreement. Boland filed this appeal from the grant of summary […]

166 S.E.2d 739 GENERAL MOTORS ACCEPTANCE CORPORATION v. JACKSON. 44236.Court of Appeals of Georgia.SUBMITTED FEBRUARY 3, 1969. DECIDED FEBRUARY 20, 1969. The trial court erred in granting the defendant’s motion for judgment on the pleadings, which was based merely upon the complaint and an answer, the allegations of which were not admitted, hence deemed denied. […]

251 S.E.2d 379 CARTER v. SWIFT LOAN FINANCE OF COLUMBUS, INC. 56676.Court of Appeals of Georgia.ARGUED OCTOBER 16, 1978. DECIDED DECEMBER 5, 1978. McMURRAY, Judge. This is a suit on a note. The debt sued upon is a loan made under the provisions of the Georgia Industrial Loan Act (Code Ch. 25-3; Ga. L. 1955, […]

520 S.E.2d 468 GEORGIA FARM BUREAU CASUALTY INSURANCE COMPANY v. SCHLIES et al. A99A0159.Court of Appeals of Georgia. DECIDED: MAY 27, 1999. BLACKBURN, Presiding Judge. Georgia Farm Bureau Casualty Insurance Company (GFB) appeals the jury’s verdict against it in the underlying declaratory judgment action. The jury determined that GFB’s insurance contract with Marvin Wright provided […]

330 S.E.2d 126 KENT et al. v. HENSON. 69545.Court of Appeals of Georgia. DECIDED MARCH 14, 1985. REHEARING DENIED MARCH 29, 1985. CARLEY, Judge. Appellant-plaintiff Mrs. Bernice Kent visited appellee-defendant’s dental office and sought treatment for a toothache. A licensed dentist in appellee’s employ extracted the tooth. However, Mrs. Kent continued to experience pain. She […]

471 S.E.2d 892 FIRST UNION NATIONAL BANK OF GEORGIA ET AL. v. COLLINS A96A0283Court of Appeals of Georgia. DECIDED APRIL 11, 1996 POPE, Presiding Judge. First Union and seven other banks[1] brought this declaratory judgment action against Marcus Collins, as commissioner of the Department of Revenue, to determine the legality of certain service charges the […]

112 S.E.2d 407 STORY v. PLESS. 38002.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1959. A gratuity paid to an injured person in substantially the amount he would have earned during a period of time following his injury will not mitigate damages due to the injured party for loss of earning capacity during the time […]

548 S.E.2d 71 THOMAS v. THE STATE. A01A0766.Court of Appeals of Georgia. DECIDED: APRIL 20, 2001. BARNES, Judge. A jury convicted Willie Clark Thomas of armed robbery and kidnapping. He appeals, contending that insufficient evidence supports the convictions, and that the trial court erred in denying his motion to suppress the victim’s pretrial identification of […]

237 S.E.2d 698 WINSLETT v. COOPER, CARRY ASSOCIATES. 53988.Court of Appeals of Georgia.ARGUED MAY 23, 1977. DECIDED SEPTEMBER 7, 1977. SMITH, Judge. This is the third chapter of the continuing saga of Oscar Winslett, the injured crane operator who brought suit against several parties, each of whom received a summary judgment in its favor. The […]

283 S.E.2d 658 ELLIS et al. v. TRI-CITY COMMERCIAL SALES, INC. 62296.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1981. BANKE, Judge. The appellee, a real estate brokerage firm, sued the appellants to recover actual and punitive damages for their alleged conspiracy to deprive the firm of its right to receive a commission on the […]

145 S.E.2d 768 SUN INSURANCE COMPANY OF NEW YORK v. LEAGUE. 41520.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1965. DECIDED NOVEMBER 10, 1965. 1. The evidence authorized a verdict in the amount found for plaintiff for loss under the insurance policy sued upon. 2. The evidence authorized a verdict for plaintiff for additional damages and […]

450 S.E.2d 295 POWERS et al. v. LATIMER. A94A1228.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 1994. JOHNSON, Judge. Teresa Powers filed suit on her own behalf and on behalf of her children for property damage and personal injuries allegedly suffered as a result of Glenn Latimer’s aircraft crashing into her home. The trial court […]

562 S.E.2d 201 CULVER v. THE STATE. Ru-094C, KELL v. THE STATE. Ru-092C A01A2319, A01A2339.Court of Appeals of Georgia. DECIDED: MARCH 1, 2002 RUFFIN, Judge. A Fulton County grand jury indicted Michael J. Kell and Michael D. Culver for conspiracy to defraud the State, Medicaid fraud, false writings, and, as to Kell, three counts of […]

659 S.E.2d 893 POWELL v. WHEELER COUNTY et al. No. A07A2003.Court of Appeals of Georgia. DECIDED MARCH 25, 2008. SMITH, Presiding Judge. Jerry Powell appeals from the trial court’s grant of summary judgment in favor of Wheeler County (“county”) and the Wheeler County Board of Tax Assessors (“board of tax assessors”). Powell Page 509 asserts […]

496 S.E.2d 321 IN RE: CHARLES T. BRANT. A97A1884.Court of Appeals of Georgia. DECIDED JANUARY 22, 1998 — CERT. APPLIED FOR. ANDREWS, Chief Judge. Charles T. Brant, an attorney, appeals from the judgment holding him in criminal contempt of court and fining him $150.00. Brant brings several enumerations of error, among which is his claim […]

194 S.E.2d 618 UPSHAW v. COOPER. 47582.Court of Appeals of Georgia.ARGUED OCTOBER 2, 1972. DECIDED DECEMBER 4, 1972. EVANS, Judge. Bobby Cooper sued Phoetis Upshaw for personal injuries arising out of the allegedly deliberate and intentional shooting of the plaintiff by the defendant with a pistol. The defendant answered, denying the principal allegation of the […]

64 S.E.2d 476 GREEN v. THE STATE. 33422.Court of Appeals of Georgia. DECIDED APRIL 3, 1951. MacINTYRE, P. J. 1. “`Presence of a person at a distillery when whisky is actually being made and his flight therefrom on seeing an officer approaching may, when not satisfactorily explained, authorize a jury to find him guilty of […]

71 S.E.2d 582 TUCKER v. THE STATE. 34055.Court of Appeals of Georgia. DECIDED JUNE 11, 1952. CARLISLE, J. By the act of 1911 (Ga. L. 1911, p. 149; Code § 6-1609), “No judgment of a trial court in a criminal case shall be reversed by either the Supreme Court or the Court of Appeals for […]

555 S.E.2d 813 SMD, L.L.P. et al. v. CITY OF ROSWELL et al. A01A1437.Court of Appeals of Georgia. DECIDED: OCTOBER 24, 2001. BARNES, Judge. SMD, L.L.P., and Liability Limited, Inc. (collectively “SMD”), appeal the grant of summary judgment on their claim for damages to the City of Roswell, Georgia, M.L. Mabry, individually, and as Mayor […]

708 S.E.2d 539 YANCEY v. WATKINS et al., USSERY v. WATKINS et al. Nos. A10A1635, A10A1636.Court of Appeals of Georgia. DECIDED MARCH 9, 2011. DOYLE, Judge. Leland Timothy Watkins, Michael Edwin Watkins, and Leland Brian Watkins (collectively, “Watkins Farm”) sued Stacey Bloods-worth, Tony Yancey, and Milton Ussery for crop damage allegedly caused by the drifting […]

192 S.E.2d 526 NEWTON v. THE STATE. 47423.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1972. DECIDED SEPTEMBER 19, 1972. STOLZ, Judge. The defendant, along with his wife, was indicted and tired for the offense of cruelty to children. Code Ann. § 26-2801 (Ga. L. 1968, pp. 1249, 1322). The indictment alleged that the indictees, supervising […]

73 S.E.2d 112 SHATTLES v. BLANCHARD. 34279.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1952. 1. The question of what is a reasonable time for the performance of an act required to be performed upon “reasonable notice” is usually, if not always, to be determined by the character of the act contemplated, considered with its […]

43 S.E.2d 588 FULCHER et al. v. FULCHER. 31638.Court of Appeals of Georgia. DECIDED JULY 16, 1947. 1. The Court of Appeals is without authority of law to reverse a verdict and judgment of the lower court when there is any competent evidence to support such verdict and judgment, and “in all doubtful cases of […]

555 S.E.2d 247 SIMPSON v. THE STATE. A01A0876.Court of Appeals of Georgia. DECIDED: OCTOBER 12, 2001. BLACKBURN, Chief Judge. Mitchell Simpson, Sr., appeals the revocation of his probation for failure to pay fines and possession of marijuana, contending that: (1) the evidence was insufficient to support the revocation and (2) the trial court failed to […]

383 S.E.2d 366 LEE v. THE STATE. A89A0018.Court of Appeals of Georgia. DECIDED JUNE 13, 1989. BEASLEY, Judge. Lee appeals from his conviction of criminal contempt for refusing Page 883 to testify in the trial of his co-defendant, Lawton, after he was granted immunity pursuant to OCGA § 24-9-28. Lee and Lawton were indicted for […]

258 S.E.2d 621 BERGER et al. v. SHEA et al. 57924.Court of Appeals of Georgia.ARGUED JUNE 11, 1979. DECIDED JUNE 28, 1979. REHEARING DENIED JULY 18, 1979. BIRDSONG, Judge. This is an action for disparagement of title arising out of filing a notice on the lis pendens docket in DeKalb County. The lis pendens notice […]

449 S.E.2d 166 MILLER v. INGLES MARKET, INC. A94A2391.Court of Appeals of Georgia. DECIDED OCTOBER 7, 1994. McMURRAY, Presiding Judge. Ingles Market, Inc. (appellee) has filed a motion to dismiss this appeal pursuant to OCGA § 5-6-48 (c), arguing that there was an unreasonable and inexcusable delay in the transmission of the record to this […]

323 S.E.2d 903 GUNNELLS et al. v. CRUMP et al. 68936.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1984. BIRDSONG, Presiding Judge. This is an appeal from a judicial confirmation of a sale of real property on foreclosure in a proceeding brought pursuant to OCGA § 44-14-161. Appellants contend that the evidence was insufficient to […]

228 S.E.2d 585 HAYES v. THE STATE. 52318.Court of Appeals of Georgia.SUBMITTED JUNE 8, 1976. DECIDED JUNE 17, 1976. REHEARING DENIED JULY 14, 1976. MARSHALL, Judge. Appellant was indicted, tried and convicted of criminal damage to property in the second degree (damage in excess of $100) and sentenced to one year on probation and a […]

554 S.E.2d 202 JACKSON v. THE STATE. A01A1523.Court of Appeals of Georgia. DECIDED: AUGUST 9, 2001 MIKELL, Judge. Michael Leon Jackson was convicted of four counts of child molestation based on incidents involving his two stepdaughters. The trial court denied his motion for new trial, and this appeal followed. Jackson argues that the court improperly […]

677 S.E.2d 693 POPE et al. v. MERCURY INDEMNITY COMPANY OF GEORGIA. No. A09A0619.Court of Appeals of Georgia. DECIDED APRIL 9, 2009. RECONSIDERATION DENIED APRIL 17, 2009. BLACKBURN, Presiding Judge. This is an action for rescission of a homeowner’s insurance policy issued by Mercury Indemnity Company of Georgia (“Mercury”) to Lawrence and Susan Pope. The […]

292 S.E.2d 433 TERRELL et al. v. WEST PACES FERRY HOSPITAL, INC. et al. 64210.Court of Appeals of Georgia. DECIDED JUNE 16, 1982. REHEARING DENIED JULY 1, 1982. BANKE, Judge. This is an appeal from a summary judgment for the defendants in a medical malpractice action. Two of the defendants are physicians, and the third […]

286 S.E.2d 345 BARNES v. LEVENSTEIN et al. 62539.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1981. McMURRAY, Presiding Judge. This is an action brought by the plaintiff who obtained automobile insurance from the two defendants, the same being her agents or as dual agents with the insurer. The defendants are respectively an independent insurance […]

154 S.E.2d 872 PAULK v. THOMAS. 42656.Court of Appeals of Georgia.ARGUED MARCH 6, 1967. DECIDED MARCH 17, 1967. 1. Error, if any, in the admission or exclusion of testimony is harmless where it appears that other testimony of similar import was admitted without objection. 2. The sufficiency of preliminary proof in identifying photographs and demonstrating […]

28 S.E.2d 897 GORMAN v. GRIFFIN. 30374.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1944. 1. “Where a party relies on the law of another State as furnishing the basis for a right of recovery or defense different from what it would be under the laws of this State, or the common law, the law […]

511 S.E.2d 585 FRAME et al. v. HUNTER, MACLEAN, EXLEY DUNN, P.C. A97A0446.Court of Appeals of Georgia. DECIDED: FEBRUARY 4, 1999 McMURRAY, Presiding Judge. In Frame v. Hunter, Maclean, Exley Dunn, P.C., 227 Ga. App. 169 (488 S.E.2d 713), we reversed the trial court’s grant of summary judgment in this legal malpractice action, holding that […]

371 S.E.2d 96 SHORE et al. v. LOOMIS et al. 76353.Court of Appeals of Georgia. DECIDED MAY 19, 1988. REHEARING DENIED JUNE 28, 1988. BANKE, Presiding Judge. The appellees sued Mr. and Mrs. Shore to recover damages for their alleged breach of a lease contract. The trial court directed a verdict in the appellees’ favor, […]

81 S.E.2d 209 REEVES v. TANKERSLEY. 35029.Court of Appeals of Georgia. DECIDED MARCH 17, 1954. 1. The charge of the court was not erroneous, in that it submitted to the jury an issue raised only by evidence admitted without objection, where, upon objection to the evidence as unsupported by the pleadings, the pleadings could have […]

517 S.E.2d 529 BROWN v. THE STATE. A98A2317.Court of Appeals of Georgia. DECIDED: FEBRUARY 10, 1999 POPE, Presiding Judge. James Brown, Jr., appeals the denial of his motion for new trial following his conviction on one felony count of theft by taking. We affirm. On the afternoon of October 20, 1994, the Atlanta Police Department […]

44 S.E.2d 405 SUTTON v. PERDUE. 31694.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1947. Where the trial judge finds against the applicant on his petition for discharge from custody in bail-trover proceedings, and there is competent evidence supporting such finding, and no error of law appears, this court can not say that the judge […]

233 S.E.2d 227 SAWYER v. PACIFIC INDEMNITY COMPANY et al. 53364.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1977. DECIDED JANUARY 28, 1977. REHEARING DENIED FEBRUARY 17, 1977. The young claimant in this workmen’s compensation case, after close association for two years with a group of emotionally disturbed youngsters put in his charge by the employer […]

324 S.E.2d 206 HOUSTON et al. v. HUGHES. 68612.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1984. McMURRAY, Chief Judge. In this automobile collision case, plaintiffs Ethel Houston and Arthur Houston appeal from a verdict and judgment entered in favor of the defendant Donna L. Hughes. In their enumeration of errors, plaintiffs assert the trial […]

69 S.E.2d 910 LIFE CASUALTY INSURANCE COMPANY OF TENNESSEE v. MONDAY. 33751.Court of Appeals of Georgia. DECIDED MARCH 14, 1952. CARLISLE, J. 1. Where, by the terms of a policy of insurance, it is provided that “This policy shall take effect as of the date of issue provided the insured is in sound health and […]

157 S.E.2d 517 ROBERTS v. BRYANT et al.; and vice versa. 43084, 43116.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1967. DECIDED SEPTEMBER 27, 1967. In order for there to be a recovery for the homicide of a person whose death is alleged to have been caused by the negligence of the defendant, the deceased on […]

679 S.E.2d 750 ELLISON et al. v. SOUTHSTAR ENERGY SERVICES, LLC. No. A09A0701.Court of Appeals of Georgia. DECIDED JUNE 2, 2009. MIKELL, Judge. Charles H. Ellison and Susan B. Bresler (“plaintiffs”) filed this class action against Southstar Energy Services, LLC d/b/a Georgia Natural Gas (“GNG”), a company engaged in the business of selling natural gas […]

462 S.E.2d 404 THOMPSON v. THE STATE. A95A1375.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1995. SMITH, Judge. Two indictments were returned against Adrian Thompson by a Hall County grand jury, one on three counts of aggravated assault and one on two counts of violation of the Georgia Controlled Substances Act. As a result of […]

78 S.E.2d 58 BUREL v. DEMPSEY. 34716.Court of Appeals of Georgia. DECIDED OCTOBER 10, 1953. 1. The refusal of the court to declare a mistrial, on errors assigned in the six special grounds under this record, is reversible error in each instance. 2. The remaining special grounds are dealt with in the body of the […]

288 S.E.2d 366 JOHNSON v. THE STATE. 62989.Court of Appeals of Georgia. DECIDED MARCH 4, 1982. McMURRAY, Presiding Judge. The defendant herein pleaded guilty to the offense of armed robbery, and the trial court on September 6, 1978, entered a “First Offender Sentence” wherein it was “ordered by the Court without adjudicating the defendant guilty […]

499 S.E.2d 365 TUGGLE ET AL. v. HELMS ET AL. A97A2272.Court of Appeals of Georgia. DECIDED MARCH 19, 1998 — SUBSTITUTE OPINION. RECONSIDERATION DENIED APRIL 2, 1998 — CERT. APPLIED FOR. SMITH, Judge. Angela Helms, Deborah Helms, and Donald Helms (the “Helmses”) filed this negligence action against Andrea Leigh Tuggle, Roger Tuggle and Phyllis Tuggle […]

596 S.E.2d 757 CROWE v. THE STATE. A03A0463.Court of Appeals of Georgia. DECIDED MARCH 15, 2004. ELDRIDGE, Judge. Jerry Lewis Crowe appealed to this Court from his conviction of two counts of second degree vehicular homicide, which charges arose when Crowe backed his flatbed wrecker truck onto Highway 20 in Conyers, striking an oncoming vehicle […]

241 S.E.2d 18 McDONALD v. WELDING SPECIALTY, INC. et al. 54759.Court of Appeals of Georgia.SUBMITTED NOVEMBER 2, 1977. DECIDED NOVEMBER 16, 1977. REHEARING DENIED DECEMBER 7, 1977. WEBB, Judge. Charles McDonald, d/b/a McDonald Electric Company, was awarded a bid as prime contractor to erect a building at Robins Air Force Base. He entered into an […]

161 S.E.2d 63 McQUEEN v. WILSON et al. 43182.Court of Appeals of Georgia.ARGUED NOVEMBER 9, 1967. DECIDED MARCH 8, 1968. REHEARING DENIED MARCH 28, 1968. 1. Where during the same term of court a motion to reconsider rulings on demurrer is granted together with a supersedeas of the judgment until further order of the court, […]

157 S.E.2d 880 ATLANTIC COAST LINE RAILROAD COMPANY v. DAUGHERTY, Administratrix. 42871.Court of Appeals of Georgia.ARGUED JUNE 30, 1967. DECIDED OCTOBER 5, 1967. 1. The trial judge properly overruled the defendant’s special demurrers to the petition. 2. The trial judge erred in granting a summary judgment for the plaintiff on the issue of liability, and […]

578 S.E.2d 551 LAND v. THE STATE. A02A2456.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 2003 RUFFIN, Presiding Judge. On June 27, 2001, upon receiving a tip from a confidential informant, Forsyth County Sheriff’s Department detectives executed a search warrant at the home of Jeffrey Lynn Land. During their search, the detectives found two bags […]

581 S.E.2d 367 IN THE INTEREST OF J.B. A03A0452.Court of Appeals of Georgia. April 10, 2003 BARNES, Judge. The mother of J.B., a boy born January 29, 1998, appeals the juvenile court’s determination that J.B. is deprived. She contends that the court erred by allowing witnesses for the Department of Family and Children’s Services (DFCS) […]

246 S.E.2d 394 HOME INSURANCE COMPANY et al. v. BURNETT. 55248.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1978. DECIDED JUNE 22, 1978. QUILLIAN, Presiding Judge. Appeal was taken from the judgment of the Whitfield Superior Court affirming the award of the State Board of Workmen’s Compensation. Held: 1. The award of the full board stated […]

450 S.E.2d 233 MORITZ et al. v. ORKIN EXTERMINATING COMPANY, INC. A94A1661.Court of Appeals of Georgia. DECIDED OCTOBER 7, 1994. RECONSIDERATION DENIED NOVEMBER 18, 1994. McMURRAY, Presiding Judge. This is an action for damages predicated on several theories involving the alleged negligent inspection and application of pesticides Page 256 to the home of plaintiffs Linda […]

17 S.E.2d 245 NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY v. HADLEY. 29174.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1941. The evidence did not authorize a verdict against the insurance company. It was error for the court to overrule its motion for new trial. DECIDED NOVEMBER 7, 1941. Complaint on life policy; from Thomasville city […]

382 S.E.2d 702 KOLMAN, INC. v. BURNS. A89A0295.Court of Appeals of Georgia. DECIDED MAY 23, 1989. REHEARING DENIED JUNE 2, 1989. SOGNIER, Judge. Betty Burns brought suit against Kolman, Inc. d/b/a Sunnyside Park Nursery seeking to recover $4,150 in deposits she had made for landscaping services to be performed by Kolman. Kolman answered and counterclaimed […]

233 S.E.2d 479 DAVIS v. HOUSTON GENERAL INSURANCE COMPANY et al. 53322.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1977. DECIDED FEBRUARY 24, 1977. MARSHALL, Judge. This appeal arises out of an award denying compensation to a claimant for workmen’s compensation. Appellant Mrs. Davis, claimant below enumerates as error the denial of compensation as affirmed by […]

598 S.E.2d 1 RITA BLACKWELL et al. v. JAMES HUGH POTTS et al. JAMES HUGH POTTS, et al. v. RITA BLACKWELL et al. A03A2400, A03A2401Court of Appeals of Georgia. DECIDED: FEBRUARY 17, 2004 RECONSIDERATION DENIED APRIL 1, 2004 SMITH, Chief Judge. These appeals arise out of the trial court’s order denying summary judgment to the […]

570 S.E.2d 395 HILL v. STATE. A02A0961.Court of Appeals of Georgia. DECIDED: AUGUST 20, 2002 MIKELL, Judge. On July 14, 1997, Mark A. Hill pleaded guilty to two counts of aggravated assault and one count of false imprisonment. He also pleaded guilty to entering an automobile, with which he was charged in a separate accusation. […]

269 S.E.2d 56 HARPER v. THE STATE. 59699.Court of Appeals of Georgia.SUBMITTED APRIL 15, 1980. DECIDED MAY 7, 1980. BANKE, Judge. Appellant was convicted of child abandonment in 1974 and now appeals the denial of his motion for an out-of-time appeal. At the hearing on his motion, appellant testified that his attorney notified the court […]

417 S.E.2d 693 WIER v. SKYLINE MESSENGER SERVICE et al. A91A2197.Court of Appeals of Georgia. DECIDED MARCH 16, 1992. RECONSIDERATION DENIED APRIL 1, 1992. ANDREWS, Judge. We granted the application to appeal of employee Wier to consider whether OCGA § 34-9-82 applies to “medical only” claims when voluntary payment of medical bills has been made […]

7 S.E.2d 302 CHATTANOOGA BEAUTY SUPPLY COMPANY v. FANIN. 27881.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1940. 1. Where a mortgage or conditional-sale contract is foreclosed and levied, the maker of the instrument may plead a breach of warranty and ask for damages appropriate thereto as an abatement of the purchase-price. He can not […]

436 S.E.2d 562 SMITH v. THE STATE. A93A1739.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1993. BIRDSONG, Presiding Judge. Donald L. Smith appeals his judgment of conviction and the sentence of simple possession of marijuana and driving while his license was suspended. He enumerates four errors. Held: 1. On appeal the evidence must be viewed […]

326 S.E.2d 810 CITY OF LAWRENCEVILLE v. YANCEY. 69492.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1985. BEASLEY, Judge. This is the second appearance of this case in our court. For a statement of the basic facts giving rise to the litigation see our opinion in City of Lawrenceville v. Yancey, 163 Ga. App. 462 […]

238 S.E.2d 770 LEXINGTON DEVELOPERS, INC. v. O’NEAL CONSTRUCTION COMPANY, INC. 54272.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 14, 1977. DECIDED OCTOBER 7, 1977. QUILLIAN, Presiding Judge. On March 29, 1974, Lexington Developers entered into a contract with O’Neal Construction Company, wherein O’Neal was, inter alia, to perform construction work on Colony Square in Albany, Georgia. […]

189 S.E.2d 479 CHANDLER v. BUSS et al. 46997.Court of Appeals of Georgia.ARGUED MARCH 9, 1972. DECIDED MARCH 17, 1972. REHEARING DENIED MARCH 31, 1972. DEEN, Judge. 1. The plaintiff Buss was a passenger in an automobile operated by Cooper, the defendant Chandler’s intestate. Cooper attempted to pass a station wagon and was killed, and […]

549 S.E.2d 767 JACOBS et al. v. AMERICAN INTERSTATE INSURANCE COMPANY. A01A0602.Court of Appeals of Georgia. DECIDED: JUNE 1, 2001. ANDREWS, Presiding Judge. We must determine whether a commercial general liability insurance policy issued by American Interstate Insurance Company to Greg Lee d/b/a Greg Lee Logging (Lee Logging) provides coverage for wrongful death and personal […]

481 S.E.2d 266 RAY v. AMERICAN LEGION AUXILIARY. A96A2481.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1997. BLACKBURN, Judge. Joyce Ray appeals from the trial court’s grant of summary judgment in favor of American Legion Auxiliary (Auxiliary) in her defamation suit. Ray alleges that at the Auxiliary’s statewide convention in 1992, she was slandered by […]

436 S.E.2d 504 PAFFORD v. BIOMET et al. A93A1245.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1993. RECONSIDERATION DENIED OCTOBER 7, 1993. BIRDSONG, Presiding Judge. Plaintiff Pafford appeals the grant of summary judgments to defendants in this medical product liability case. Appellant Pafford underwent an operation in the spring of 1988, in which a metal […]

270 S.E.2d 94 SMITH et al. v. PASKOFF; and vice versa. 59420, 59421.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1980. DECIDED MAY 5, 1980. SOGNIER, Judge. This appeal and cross-appeal arise from a landlord-tenant dispute involving at the onset a claim for $62.50, which both parties attempted to augment by additional claims. The facts were […]

624 S.E.2d 203 COTTRELL v. ASKEW et al. A05A1331.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 2005. RECONSIDERATION DISMISSED DECEMBER 7, 2005. BERNES, Judge. Appellant Rose M. Cottrell appeals from the trial court’s order dismissing her appeal for failure to pay costs. For the reasons set forth below, we affirm. The record shows that Ms. […]

636 S.E.2d 150 BERRY v. THE STATE. No. A06A1403.Court of Appeals of Georgia. DECIDED SEPTEMBER 1, 2006. ADAMS, Judge. Davon Berry was tried and convicted on one count of sexual exploitation of a child. He contends the evidence was insufficient to show that he knew the victim was under 18 years of age. Page 425 […]

105 S.E.2d 246 JACKSON v. THE STATE. 37317.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1958. The court erred in denying the amended motion for a new trial. DECIDED SEPTEMBER 15, 1958. Receiving stolen goods. Spalding Superior Court. Before Judge McGehee. June 6, 1958. Clarence B. Jackson was indicted by the grand jury of Spalding […]

653 S.E.2d 850 MILLS v. ALLSTATE INSURANCE COMPANY. No. A07A1922.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 2007. ELLINGTON, Judge. For personal injuries he sustained in a car wreck, Jason Mills brought this action against the driver and the owner of the other car involved in the accident. Mills also asserted a claim against the […]

378 S.E.2d 416 LAMBROS v. LONGIOTTI. A89A0300.Court of Appeals of Georgia. DECIDED JANUARY 18, 1989. BANKE, Presiding Judge. This appeal was docketed on November 2, 1988, following which the appellant was granted an extension of time until November 28, 1988, in which to file an enumeration of errors and brief. Counsel for the appellant thereafter […]

489 S.E.2d 345 WELLBORN ET AL. v. DEKALB COUNTY SCHOOL DISTRICT. A97A0596.Court of Appeals of Georgia. DECIDED JUNE 27, 1997. RECONSIDERATION DENIED JULY 16, 1997. BIRDSONG, Presiding Judge. Melia Wellborn appeals the dismissal of her complaint against Bruce Finkbone, the DeKalb County School District and unidentified defendants X, Y, and Z. She contends the trial […]

258 S.E.2d 914 BRADY v. THE STATE. 57744.Court of Appeals of Georgia.SUBMITTED MAY 2, 1979. DECIDED SEPTEMBER 4, 1979. UNDERWOOD, Judge. Brady was convicted of driving under the influence of alcohol. On appeal, she contends the trial court erred (1) in denying her motion for recordation of all proceedings and (2) in allowing a police […]

247 S.E.2d 149 HOPE ELECTRIC, INC. v. GEMINI CONSTRUCTION COMPANY. 55492.Court of Appeals of Georgia.ARGUED MARCH 1, 1978. DECIDED JUNE 22, 1978. REHEARING DENIED JULY 13, 1978. BANKE, Judge. This is an action for damages for breach of contract brought by the appellee, Gemini Construction Company, against the appellant, Hope Electric, Inc. The contract called […]

130 S.E.2d 166 GRAHAM v. THE STATE. 39758.Court of Appeals of Georgia. DECIDED JANUARY 28, 1963. REHEARING DENIED FEBRUARY 11, 1963. JORDAN, Judge. William B. Graham was tried and convicted in the City Court of Waycross on an accusation charging him with the offense of contributing to the delinquency of a minor. On March 29, […]

179 S.E.2d 546 LOWE v. YOUNG. 45851.Court of Appeals of Georgia.ARGUED NOVEMBER 23, 1970. DECIDED DECEMBER 1, 1970. REHEARING DENIED DECEMBER 16, 1970. JORDAN, Presiding Judge. Wyman C. Lowe filed his petition against Andrew Young to contest the result of the Democratic Primary Election run-off for United States Congressman for the Fifth Congressional District of […]

444 S.E.2d 153 LANGFORD v. THE STATE. A94A0953.Court of Appeals of Georgia. DECIDED MAY 13, 1994. BLACKBURN, Judge. James Richard Langford was convicted by a jury of theft by receiving Page 233 stolen property, possession of motor vehicles with altered identification numbers, and owning and operating a chop shop. On appeal, Langford enumerates as error […]

264 S.E.2d 336 ANDERSON v. FULTON NATIONAL BANK OF ATLANTA et al. 58217.Court of Appeals of Georgia.ARGUED JULY 10, 1979. DECIDED NOVEMBER 28, 1979. REHEARING DENIED DECEMBER 13, 1979. SMITH, Judge. The trial court’s judgment is affirmed in accordance with Court of Appeals Rule 36. Judgment affirmed. Quillian, P. J., and Birdsong, J., concur. ARGUED […]

332 S.E.2d 1 RHINE v. THE STATE. 70121.Court of Appeals of Georgia. DECIDED APRIL 22, 1985. REHEARING DENIED MAY 24, 1985. BIRDSONG, Presiding Judge. Willie Rhine was convicted of escape from confinement and mutiny. He was sentenced to serve three years on each charge concurrently, but consecutively to other sentences previously imposed. He brings this […]

275 S.E.2d 712 JONES v. THE STATE. 60589.Court of Appeals of Georgia.ARGUED SEPTEMBER 16, 1980. DECIDED DECEMBER 1, 1980. REHEARING DENIED DECEMBER 16, 1980. CARLEY, Judge. Appellant was indicted, tried, and convicted for the offense of burglary. On appeal, he contends that the trial court erred in denying his motion for directed verdict of acquittal […]

633 S.E.2d 350 KING v. LUSK et al. No. A06A0375.Court of Appeals of Georgia. DECIDED MAY 24, 2006. RECONSIDERATION DENIED JUNE 21, 2006. ANDREWS, Presiding Judge. Pursuant to our grant of his discretionary appeal, Michael A. King appeals from the trial court’s denial of his motion for new trial in the legitimation proceeding brought by […]

212 S.E.2d 645 SHEET METAL WORKERS INTERNATIONAL ASSOCIATION v. CARTER et al. LOCAL 85, SHEET METAL WORKERS INTERNATIONAL ASSOCIATION v. CARTER et al. 49788, 49789.Court of Appeals of Georgia.ARGUED OCTOBER 7, 1974. DECIDED JANUARY 14, 1975. REHEARING DENIED FEBRUARY 6, 1975. CLARK, Judge. Does the National Labor Relations Act pre-empt state jurisdiction in an action […]

44 S.E.2d 391 SCOTT v. THE STATE. 31678.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1947. 1. The court rules, as adopted and prescribed by the Supreme Court on January 12, 1946, pursuant to the act approved February 16, 1945, (Ga. L. 1945, pp. 145 et seq.), which became effective January 1, 1947, do not […]

200 S.E.2d 487 JONES v. THE STATE. 48605.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1973. DECIDED SEPTEMBER 12, 1973. EBERHARDT, Presiding Judge. Appellant pleaded guilty in the superior court to a charge of burglary, and a presentencing investigation report was compiled and presented to the trial judge updating a previous report. Both reports contained information […]