Category: Georgia Court of Appeals Opinions

211 S.E.2d 642 DOYAL DEVELOPMENT COMPANY, INC. v. BLAIR; and vice versa. 49799, 49800.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1974. DECIDED DECEMBER 5, 1974. REHEARING DENIED DECEMBER 19, 1974. WEBB, Judge. 1. “The appellants contend that the trial court erred in entering judgment against them without first finding the facts specially and in failing […]

378 S.E.2d 328 BURLEY v. THE STATE. 77250.Court of Appeals of Georgia. DECIDED JANUARY 5, 1989. REHEARING DENIED JANUARY 30, 1989. BIRDSONG, Judge. Edward D. Burley, appellant, brings this appeal from his conviction for rape and aggravated sodomy. From the evidence presented, the jury was authorized to find that the victim was working at an […]

197 S.E.2d 386 HOWARD v. GARDNER et al. 47895.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1973. DECIDED MARCH 16, 1973. HALL, Presiding Judge. Plaintiff in a personal injury action appeals from the judgment in his favor, which he contends was inadequate, and from the denial of his motion for a new trial. Plaintiff was injured […]

41 S.E.2d 181 CASSIDY v. THE STATE. 31432.Court of Appeals of Georgia. DECIDED JANUARY 18, 1947. The court erred in refusing to continue the case. DECIDED JANUARY 18, 1947. Assault with intent to rape; from Bulloch Superior Court — Judge Renfroe. August 24, 1946. Deal Anderson, John F. Brannen, W. G. Neville, for plaintiff in […]

501 S.E.2d 832 SHIVER v. NORFOLK-SOUTHERN RAILWAY CO. A97A0115.Court of Appeals of Georgia. DECIDED APRIL 16, 1998. ELDRIDGE, Judge. In Shiver v. Norfolk-Southern Railway Co., 269 Ga. 168 (496 S.E.2d 903), the Supreme Court reversed the holding of this Court’s opinion in Shiver v. Norfolk-Southern R. Co., 225 Ga. App. 544 (484 S.E.2d 503) (1997). […]

354 S.E.2d 655 HAYES et al. v. THE STATE. 73463.Court of Appeals of Georgia. DECIDED MARCH 3, 1987. CARLEY, Judge. Appellants Hillary Hayes, Jr. and Carolyn Hayes are brother and sister. They were tried together on an indictment containing four counts. Count One alleged that both appellants had committed armed robbery on December 16, 1985. […]

598 S.E.2d 338 BLAZER v. THE STATE. A04A0228.Court of Appeals of Georgia. DECIDED MARCH 17, 2004. RECONSIDERATION DENIED APRIL 2, 2004. MILLER, Judge. Without warning, Harry Blazer grabbed and struck a patron of his store when that patron attempted to leave the store through the back door. Charged with battery and simple battery, Blazer moved […]

322 S.E.2d 533 COMPUTER MAINTENANCE CORPORATION et al. v. TILLEY et al. 68227.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1984. CARLEY, Judge. Appellant-plaintiff Horton was an employee, shareholder, officer, and director of Computer Maintenance Corporation (“CMC”). In conjunction with his relationship with CMC, Horton executed several documents. The first such document (the “May agreement”) […]

707 S.E.2d 592 JUPITER v. THE STATE. No. A10A2277. DECIDED MARCH 11, 2011.Court of Appeals of Georgia. DILLARD, Judge. Geoffrey Mario Jupiter was tried by a jury and found guilty of armed robbery, aggravated assault, and possession of a weapon during the commission of a crime. He now appeals these convictions, contending that the trial […]

450 S.E.2d 851 IN RE ADAMS. A94A1139.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1994. BLACKBURN, Judge. The appellant, Bentley C. Adams III, an attorney, appeals from a summary adjudication of direct criminal contempt on January 27, 1994, based upon his conduct in the presence of the trial court at the subject hearing and while […]

336 S.E.2d 358 IN THE INTEREST OF D. S. No. 70451.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1985. BEASLEY, Judge. This is a direct appeal from an order of the Juvenile Court of Thomas County terminating parental rights as to D. S., a boy who is now three years old.[1] On December 4, 1981, […]

120 S.E.2d 33 CHATHAM v. McDOW. 38710.Court of Appeals of Georgia. DECIDED APRIL 18, 1961. Under the contradictory allegations of the petition and exhibit the petition does not set forth a cause of action in the plaintiff because the petition and exhibit show that if a cause of action exists it does not belong to […]

616 S.E.2d 855 STUART v. THE STATE. A05A1189.Court of Appeals of Georgia. DECIDED JUNE 29, 2005. BLACKBURN, Presiding Judge. Following her conviction of aggravated assault,[1] Patrice Stuart appeals, arguing that she received ineffective assistance of counsel. For the reasons which follow, we affirm. In a single enumeration of error, Stuart argues that she received ineffective […]

534 S.E.2d 452 IN THE INTEREST OF V. M. T., a/k/a Z. M. T., A CHILD. A00A0480, A00A0481.Court of Appeals of Georgia. DECIDED: APRIL 28, 2000. RUFFIN, Judge. By order dated April 15, 1999, the Cobb County Juvenile Court terminated the parental rights of V. M. T.’s parents. In Case Number A00A0480, the father appeals, […]

528 S.E.2d 521 WILLIAMS v. THE STATE. A00A0069.Court of Appeals of Georgia. DECIDED: JANUARY 20, 2000. McMURRAY, Presiding Judge. A Cobb County jury convicted defendant of a single count of trafficking in cocaine, and the trial court sentenced him to confinement for a term of thirty years and a $200,000 fine. The trial court denied […]

424 S.E.2d 303 AUTO TOWNE INSURANCE AGENCY, INC. v. HART et al. A92A1623.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1992. RECONSIDERATION DENIED NOVEMBER 2, 1992. POPE, Judge. An action in negligence was filed against appellee Allen Hart arising out of an automobile collision which occurred January 18, 1990. At the time of the collision, […]

157 S.E.2d 818 PARKER HEATING COMPANY v. ROCK SPRINGS MANOR, INC. et al. 43026.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1967. DECIDED SEPTEMBER 19, 1967. REHEARING DENIED OCTOBER 10, 1967. JORDAN, Presiding Judge. Rock Springs Manor, Inc., Rock Springs Gardens, Inc., and Rock Springs Apartments, Inc., each filed an action in the Civil Court of […]

248 S.E.2d 171 SHIELDS v. THE STATE. 55975.Court of Appeals of Georgia.SUBMITTED JUNE 7, 1978. DECIDED SEPTEMBER 6, 1978. McMURRAY, Judge. Defendant was indicted and tried for murder. He was convicted of voluntary manslaughter and sentenced to serve a term of nine years as determined by the jury in 1971. In Shields v. State, 126 […]

402 S.E.2d 371 DURHAM v. THE STATE. A90A2211.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1991. CARLEY, Judge. Appellant was tried before a jury and found guilty of distributing cocaine in violation of OCGA § 16-13-30 (b). He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s verdict […]

426 S.E.2d 379 NEW v. HUBBARD et al. A92A1184.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1992. RECONSIDERATION DENIED DECEMBER 9, 1992. COOPER, Judge. We granted this interlocutory appeal to review the trial court’s ruling that interspousal immunity doctrine does not bar third-party actions for indemnity or contribution against a plaintiff’s spouse. Plaintiff, appellant’s wife, […]

603 S.E.2d 506 CALDWELL v. THE STATE. A04A1233.Court of Appeals of Georgia. DECIDED AUGUST 11, 2004. MILLER, Judge. Robert Caldwell was convicted on two counts of aggravated child molestation. Thereafter, Caldwell filed an amended motion for new trial in which he claimed to have acquired newly discovered evidence. Caldwell offered the affidavits of two teenagers […]

596 S.E.2d 13 SMITH v. THE STATE. A04A0008Court of Appeals of Georgia. DECIDED: FEBRUARY 6, 2004 BLACKBURN, Presiding Judge. Following his conviction by a jury of driving under the influence by reason of an alcohol concentration of .08 grams or more,[1] William Morris Smith appeals, arguing that (1) the evidence was insufficient to support his […]

131 S.E.2d 835 HEARD v. BOLTON, Judge. 40127.Court of Appeals of Georgia. DECIDED MAY 29, 1963. A municipal ordinance which requires a legitimate, useful and lawful business (self service) to cease its operations during a specified part of each day unless during such period it operates in a different manner (with an attendant) because it […]

295 S.E.2d 119 JONES et al. v. HUDGINS. 64256.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1982. REHEARING DENIED OCTOBER 8, 1982. QUILLIAN, Chief Judge. This is an appeal by the plaintiffs in an invasion of privacy action from a grant of summary judgment to the defendant on the ground that the action was barred […]

268 S.E.2d 451 JIM WALTER CORPORATION et al. v. WARD et al. 57337.Court of Appeals of Georgia.ARGUED MARCH 7, 1979. DECIDED APRIL 28, 1980. McMURRAY, Presiding Judge. In Jim Walter Corp. v. Ward, 245 Ga. 355 (265 S.E.2d 7) (1980), the Supreme Court has reversed our judgment of affirmance with particular reference to Division 2 […]

122 S.E.2d 747 BROWN v. DOUGLAS. 39115.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1961. CARLISLE, Presiding Judge. 1. The petition in this case alleges the ability of the parties to contract a marriage, a promise and agreement between the plaintiff and defendant to be married, the breach of the contract or promise by the […]

605 S.E.2d 838 COLVARD et al. v. MOSLEY; and vice versa. A04A1804, A04A1805.Court of Appeals of Georgia. DECIDED OCTOBER 19, 2004. JOHNSON, Presiding Judge. Donald Roy Colvard and Linda Colvard sued Khristy Dawn Mosley for damages arising out of an automobile collision, including damages for the expenses of medical care and treatment of injuries to […]

129 S.E.2d 209 HALL v. HOBBS. 39799.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1962. Under the facts of this case, the trial court erred in failing to invoke the rule of sequestration of witnesses upon the timely request of counsel for plaintiff. DECIDED NOVEMBER 20, 1962. Action for damages. Glascock Superior Court. Before Judge […]

711 S.E.2d 327 KEATING v. THE STATE. No. A11A0343.Court of Appeals of Georgia. DECIDED MAY 17, 2011. RECONSIDERATION DENIED JUNE 7, 2011. ADAMS, Judge. Convicted of conspiracy to commit armed robbery, Maya Keating, age fourteen at the time of the incident during which one man was shot and killed, contends that three errors occurred at […]

665 S.E.2d 922 WEATHERLY v. WEATHERLY et al. No. A08A1474.Court of Appeals of Georgia. DECIDED JULY 23, 2008. ELLINGTON, Judge. Following Susan Weatherly’s death, her daughter, Jennifer Weatherly, filed a proof of claim with Reliance Standard Life Insurance Company, seeking 100 percent of the proceeds of her mother’s life insurance policy; Susan’s two sons, John […]

152 S.E.2d 772 DEFREESE et al. v. BEASLEY. 42351.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1966. DECIDED DECEMBER 5, 1966. REHEARING DENIED DECEMBER 19, 1966. JORDAN, Judge. This is an action by Walter v. Beasley against Samuel J. DeFreese and Marsha Jean DeFreese, husband and wife, for professional services rendered as an attorney in obtaining […]

324 S.E.2d 824 SPARKS v. THE STATE. 68776.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1984. CARLEY, Judge. Appellant appeals from his conviction of child molestation. 1. Appellant enumerates as error the admission of testimony by the victim’s mother concerning statements made to her by the victim. The mother testified that, on a particular occasion […]

63 S.E.2d 4 TROUP v. STATE (two cases). 33230, 33378.Court of Appeals of Georgia. DECIDED JANUARY 9, 1951. 1. (a) The gravamen of the offense of buying the products named in Code (Ann. Supp.) § 5-9914 from a planter or commission merchant for cash and disposing of the same before payment is the loss to […]

201 S.E.2d 808 PARZINI v. CENTER CHEMICAL COMPANY et al. (two cases). 48060, 48061.Court of Appeals of Georgia.ARGUED APRIL 2, 1973. DECIDED SEPTEMBER 14, 1973. REHEARING DENIED OCTOBER 11, 1973. QUILLIAN, Judge. These two cases involve suits brought by Archie A. Parzini and his wife for recovery of injuries sustained by Archie Parzini when he […]

169 S.E.2d 656 HILL et al. v. DIXIE PIPELINE COMPANY. 44306.Court of Appeals of Georgia.SUBMITTED MARCH 5, 1969. DECIDED JULY 14, 1969. WHITMAN, Judge. This is a condemnation case in which an easement for the construction and maintenance of an underground pipeline was condemned. The condemnor filed an appeal to a jury from the award […]

90 S.E.2d 597 ROSSITER, Administrator v. PITT et al. 35919.Court of Appeals of Georgia. DECIDED NOVEMBER 8, 1955. REHEARING DENIED NOVEMBER 17, 1955. TOWNSEND, J. A judgment sustaining any or all demurrers to a petition and allowing time for amendment is not subject to exception or review. Code § 81-1001 as amended (Ga. L. 1952, […]

583 S.E.2d 135 DAVID v. THE STATE A02A1108.Court of Appeals of Georgia. DECIDED: MAY 15, 2003 ANDREWS, Presiding Judge. Joseph Kelly David appeals from the trial court’s order denying his motion to withdraw his guilty plea to the offense of first degree homicide by vehicle and denying his motion in arrest of judgment attacking the […]

703 S.E.2d 680 BELL v. THE STATE. No. A10A2148.Court of Appeals of Georgia. DECIDED OCTOBER 26, 2010. RECONSIDERATION DENIED NOVEMBER 18, 2010. BLACKBURN, Senior Appellate Judge. Following a jury trial, Derico Kenneth Bell was convicted of a single count of burglary.[1] He now appeals from the denial of his new trial motion, asserting that the […]

243 S.E.2d 588 FISHER et al. v. GREAT AMERICAN MANAGEMENT INVESTMENT. 54960.Court of Appeals of Georgia.ARGUED JANUARY 16, 1978. DECIDED FEBRUARY 20, 1978. REHEARING DENIED MARCH 21, 1978. SHULMAN, Judge. This appeal is brought from an order confirming a sale under power in a deed to secure debt. 1. Appellants enumerate as error a finding […]

402 S.E.2d 328 McGOWAN v. THE STATE. A90A1780.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1991. COOPER, Judge. In a four-count indictment appellant was charged with the offenses of child molestation (Count I), cruelty to children (Counts II and III) and aggravated assault with intent to rape (Count IV). He was convicted by a jury […]

262 S.E.2d 240 INSURANCE COMPANY OF NORTH AMERICA et al. v. MONEY. 58344.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED OCTOBER 26, 1979. QUILLIAN, Presiding Judge. This is an appeal from the judgment of the superior court which affirmed an award of the State Board of Workers’ Compensation. 1. The evidence was sufficient to […]

244 S.E.2d 146 MURPHY OIL CORPORATION v. WEIR. 55278.Court of Appeals of Georgia.ARGUED JANUARY 30, 1978. DECIDED APRIL 10, 1978. BIRDSONG, Judge. Murphy Oil Co. brought suit against Weir alleging an account indebtedness and Weir counterclaimed alleging tortious misconduct. From an adverse jury verdict, Murphy Oil Co. appeals. The evidence showed that Weir leased a […]

690 S.E.2d 861 ASUAMAH v. CENDANT MOBILITY FINANCIAL CORP. A08A0210Court of Appeals of Georgia, Fourth Division. DECIDED: JANUARY 7, 2010 MIKELL, Judge. In Cendant Mobility Financial Corp. v. Asuamah, [1] the Supreme Court reversed Division 4 (b) of our decision i Asuamah v. Haley, [2] in which we held that the trial court erred in […]

411 S.E.2d 501 TRANSOUTHERN FREIGHT SYSTEMS, INC. v. ASTLEY; and vice versa. A91A1211, A91A1212.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1991. RECONSIDERATION DENIED SEPTEMBER 25, 1991. BANKE, Presiding Judge. Appellee Astley brought suit against appellant Transouthern Freight Systems, Inc., d/b/a Pilot Air Freight, to recover actual and punitive damages for injuries he had allegedly […]

202 S.E.2d 558 WHITE PLAINS CARPET v. UNITED STATES FIDELITY GUARANTY COMPANY et al. 48298.Court of Appeals of Georgia.ARGUED JULY 2, 1973. DECIDED OCTOBER 5, 1973. REHEARING DENIED NOVEMBER 1, 1973. BELL, Chief Judge. The defendants failed to answer the complaint within 30 days from the date of service and were in default. An answer […]

486 S.E.2d 667 ROBINSON v. THE STATE. A97A0948.Court of Appeals of Georgia. DECIDED MAY 9, 1997. McMURRAY, Presiding Judge. A DeKalb County jury convicted Michael Robinson of trafficking in cocaine and possessing cocaine with intent to distribute. On appeal, he enumerates as error the trial court’s denial of his motion to suppress. In that motion, […]

167 S.E.2d 377 HODGE v. DIXON et al. 43997.Court of Appeals of Georgia.ARGUED OCTOBER 9, 1968. DECIDED MARCH 14, 1969. DEEN, Judge. Damages traceable to a tortious act, but not its legal or natural consequence, are too remote and contingent to be recoverable (Code § 105-2009) unless the original actor, whose act would not otherwise […]

154 S.E.2d 273 GLOVER v. GENERAL MOTORS CORPORATION et al. GLOVER v. GENERAL MOTORS CORPORATION et al.; and vice versa. 42542, 42543, 42544.Court of Appeals of Georgia.ARGUED JANUARY 10, 1967. DECIDED JANUARY 25, 1967. REHEARING DENIED FEBRUARY 13, 1967. The trial court did not err in sustaining the demurrers of each defendant and thereafter dismissing […]

318 S.E.2d 666 GIBSON et al. v. DISMUKE. 67982.Court of Appeals of Georgia. DECIDED APRIL 13, 1984. REHEARING DENIED MAY 24, 1984. BIRDSONG, Judge. R. T. Dismuke sued John Gibson and Dan Gibson for $11,000, with interest, based on a contract by which Dismuke, in 1975, sold certain real estate to the Gibson brothers for […]

228 S.E.2d 610 KILGORE v. THE STATE. 52430.Court of Appeals of Georgia.SUBMITTED JULY 15, 1976. DECIDED SEPTEMBER 7, 1976. WEBB, Judge. Ernest Lee Kilgore on charges of murder and aggravated assault was convicted of voluntary Page 475 manslaughter and aggravated assault, for which he received sentences of twenty and five years, respectively, the latter to […]

182 S.E.2d 902 GARNER v. THE STATE. 46207.Court of Appeals of Georgia.ARGUED MAY 4, 1971. DECIDED JUNE 4, 1971. A search warrant directed to a room in either one or another of two motels at different addresses in the same city and identified only by the statement that they will be registered in the name […]

57 S.E.2d 824 FOX MOTOR COMPANY v. DILLARD. 32755.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1950. Under the circumstances appearing from the petition and the contract sued on in this case, the sum stipulated to be paid by the defendant in the event of his breach of the contract terms was liquidated damages and […]

487 S.E.2d 431 MILLAN et al. v. RESIDENCE INN BY MARRIOTT, INC. et al. A97A0530.Court of Appeals of Georgia. DECIDED JUNE 2, 1997. RECONSIDERATION DENIED JUNE 16, 1997 — CERT. APPLIED FOR. BEASLEY, Judge. Linda and Robert Millan, as next friends and natural guardians of their 14-year-old daughter Audrey, sought damages from Roy Dowty, Residence […]

227 S.E.2d 886 LIBERTY MUTUAL INSURANCE COMPANY v. WHITE et al. 52072.Court of Appeals of Georgia.SUBMITTED APRIL 13, 1976. DECIDED JUNE 17, 1976. QUILLIAN, Judge. This case involves an appeal from the judgment of Page 86 the superior court affirming an award of the State Board of Workmen’s Compensation. The employee, Mrs. White, was injured […]

675 S.E.2d 506 RUTLAND v. THE STATE. No. A08A2372.Court of Appeals of Georgia. DECIDED MARCH 5, 2009. BERNES, Judge. Shawn Rutland was convicted of armed robbery, hijacking a motor vehicle, and aggravated assault. Rutland appeals from the trial court’s denial of his motion for new trial, challenging the constitutionality of the nonmerger provision in the […]

675 S.E.2d 556 JOHNSON v. THE STATE. No. A08A2214.Court of Appeals of Georgia. DECIDED MARCH 17, 2009. SMITH, Presiding Judge. Julius Raynard Johnson was convicted of four counts of armed robbery, two counts of kidnapping, two counts of false imprisonment, possession of a firearm during the commission of a felony, and possession of a firearm […]

234 S.E.2d 96 McKISSIC v. S. S. KRESGE. 53483.Court of Appeals of Georgia.ARGUED FEBRUARY 16, 1977. DECIDED FEBRUARY 24, 1977. REHEARING DENIED MARCH 15, 1977. WEBB, Judge. We have for review an order of the trial court dismissing the original appeal for failure of the appellant to pay costs promptly. The original notice of appeal […]

683 S.E.2d 649 MARTIN v. THE STATE. No. A09A1220.Court of Appeals of Georgia. DECIDED AUGUST 10, 2009. BERNES, Judge. Following a bench trial, Shawn Lee Martin was convicted of sexual battery. On appeal, Martin contends that the state failed to prove beyond a reasonable doubt that venue was in Habersham County. We disagree and affirm. […]

186 S.E.2d 556 AETNA CASUALTY SURETY COMPANY v. COWAN SUPPLY COMPANY et al. 46331.Court of Appeals of Georgia.SUBMITTED JUNE 29, 1971. DECIDED NOVEMBER 16, 1971. REHEARING DENIED DECEMBER 9, 1971. EVANS, Judge. L. H. Lewis Construction Company was the prime contractor for construction of a boys’ dormitory for the Georgia School for the Deaf at […]

521 S.E.2d 372 HOPE v. THE STATE. A99A0947.Court of Appeals of Georgia. DECIDED: JULY 27, 1999. RUFFIN, Judge. After the trial court declared a mistrial, Arondel Hope pled guilty to criminal trespass. Following sentencing, Hope attempted to withdraw his guilty plea. On appeal, Hope enumerates three errors. For reasons that follow, we affirm. On the […]

609 S.E.2d 130 IN THE INTEREST OF C.B., a child. A04A1722.Court of Appeals of Georgia. DECIDED DECEMBER 30, 2004. MILLER, Judge. The father of minor C.B. appeals from the juvenile court’s order terminating his parental rights with respect to C.B. On appeal he contends that (1) the State did not show by clear and convincing […]

342 S.E.2d 718 FAUBION v. PIEDMONT ENGINEERING CONSTRUCTION CORPORATION et al. PIEDMONT ENGINEERING CONSTRUCTION CORPORATION v. FAUBION. PIEDMONT ENGINEERING CONSTRUCTION CORPORATION v. CHATTAHOOCHEE CONTRACTING, INC. et al. 71464, 71465, 71466.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1986. REHEARING DENIED MARCH 12, 1986. POPE, Judge. After a fire damaged a warehouse owned by Jack A. […]

195 S.E.2d 271 SMITHWICK et al. v. NO. 2 D CURTIS MOCK ASSOCIATES, INC. 47387.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 8, 1972. DECIDED NOVEMBER 28, 1972. REHEARING DENIED DECEMBER 18, 1972. QUILLIAN, Judge. Mr. and Mrs. W. H. Smithwick brought a damage suit against No. 2 D Curtis Mock Associates, Inc., d/b/a Elaine Powers Figure […]

608 S.E.2d 50 GLISSON v. ROOMS TO GO. A04A0977.Court of Appeals of Georgia. DECIDED DECEMBER 1, 2004. BARNES, Judge. Not knowing that she was entitled to receive workers’ compensation income benefits for time she lost due to a compensable injury, Phyllis Glisson used more than seven weeks of vacation, personal, and sick leave when she […]

403 S.E.2d 449 WEATHERS v. THE STATE. A90A2294.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1991. REHEARING DENIED MARCH 7, 1991. CARLEY, Judge. After a jury trial, appellant was found guilty of armed robbery. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdicts. 1. The […]

623 S.E.2d 764 ABRAHAMSON v. THE STATE. A05A2225.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 2005. ELLINGTON, Judge. A Gwinnett County jury found Julie Abrahamson guilty of driving under the influence of alcohol to the extent she was a less safe driver, OCGA § 40-6-391 (a) (1). Abrahamson appeals from the judgment of conviction, contending […]

415 S.E.2d 318 LEWIS v. THE STATE. A91A1783.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1992. COOPER, Judge. Appellant was indicted on one count of entering an automobile and one count of aggravated assault. A jury trial resulted in a guilty verdict on the entering an automobile count, and a mistrial was declared on the […]

634 S.E.2d 180 MUNDELL et al. v. CHATHAM COUNTY BOARD OF TAX ASSESSORS. No. A06A0447.Court of Appeals of Georgia. DECIDED JULY 11, 2006. PHIPPS, Judge. Lee and Melissa Mundell appeal a superior court order concerning valuation of their real property by the Chatham County Board of Tax Assessors. For reasons that follow, we affirm. The […]

384 S.E.2d 914 RING et al. v. WILLIAMS et al. (two cases). A89A0527, A89A0528.Court of Appeals of Georgia. DECIDED JULY 14, 1989. CARLEY, Chief Judge. Appellant-defendant F. Lee Ring is the sole shareholder and president of appellant-defendant F. Lee Ring Real Estate, Inc. (Ring, Inc.). Appellee-plaintiffs Don Williams and Daniel Murray are the sole shareholders […]

502 S.E.2d 283 BRAY v. RELIABLE ELECTRIC MOTOR COMPANY, INC. ET AL. A98A0924.Court of Appeals of Georgia. DECIDED MAY 1, 1998. BLACKBURN, Judge. John Henry Bray sued Reliable Electric Motor Company, Inc., Joanne B. Payne, and Michael B. Payne, seeking, among other things, a declaratory judgment that he owned 52 percent of the stock in […]

644 S.E.2d 412 LAMB v. VERIZON WIRELESS SERVICES, LLC. No. A06A2251.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 2007. RECONSIDERATION DENIED MARCH 30, 2007. ADAMS, Judge. Plaintiff Jacquelyn E. Lamb appeals from the trial court’s order granting summary judgment to defendant Verizon Wireless Services, LLC. The following facts are pertinent here: In September 2001, Lamb […]

172 S.E.2d 476 TROUP BONDING COMPANY v. STATE OF GEORGIA. 44866.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1969. DECIDED JANUARY 16, 1970. The trial court erred in denying a motion to cancel a lien against a surety on an appearance bond. SUBMITTED NOVEMBER 3, 1969 — DECIDED JANUARY 16, 1970. Bond forfeiture. Troup Superior Court. […]

235 S.E.2d 656 BOLTON v. THE STATE. 53815.Court of Appeals of Georgia.SUBMITTED MAY 4, 1977. DECIDED MAY 6, 1977. WEBB, Judge. Otto E. Bolton, sometimes referred to as Big John, was indicted by the Bibb County grand jury on March 25, 1976 for the sale of heroin on May 12, 1975 in Macon in violation […]

278 S.E.2d 733 KING’S APPLIANCE ELECTRONICS, INC. v. CITIZENS SOUTHERN BANK OF DUBLIN. 61114.Court of Appeals of Georgia. DECIDED MARCH 11, 1981. CARLEY, Judge. The instant appeal involves priority between conflicting security interests in the same collateral and interpretation of Code Ann. § 109A-9-312. The relevant facts are as follows: On August 3, 1978, The […]

161 S.E.2d 393 WISE v. AMERICAN CASUALTY COMPANY OF READING, PA. 43434.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1968. DECIDED APRIL 2, 1968. BELL, Presiding Judge. Matt Wise brought this suit against American Casualty Company to recover hospitalization insurance benefits. The policy provided: “This policy does not cover any loss caused by or resulting from […]

444 S.E.2d 126 JACKSON v. THE STATE. A94A1076.Court of Appeals of Georgia. DECIDED MAY 9, 1994. BIRDSONG, Presiding Judge. Annie Lou Jackson appeals her conviction of sale of cocaine; she enumerates two errors. Held: 1. Appellant’s enumeration of error based on insufficiency of the evidence is without merit. The arresting officer testified it was appellant […]

705 S.E.2d 195 ROMERO v. THE STATE. TORRES v. THE STATE. Nos. A10A0847, A10A0848.Court of Appeals of Georgia. DECIDED OCTOBER 29, 2010. RECONSIDERATIONS DENIED DECEMBER 13, 2010. BARNES, Presiding Judge. These companion appeals arise from the convictions of co-defendants Armando Angel Romero and Harry Louis Torres for aggravated assault following the denial of their motions […]

521 S.E.2d 889 TIDWELL et al. v. COWETA COUNTY BOARD OF EDUCATION. A99A1013.Court of Appeals of Georgia. DECIDED AUGUST 30, 1999. MILLER, Judge. Bobby and Lillie Tidwell sued the Coweta County Board of Education for the wrongful death and suffering of their developmentally disabled son, who died from injuries caused when he jumped or fell […]

295 S.E.2d 234 THOMAS v. THE STATE. 63967.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1982. SHULMAN, Presiding Judge. In October of 1978, appellant entered a plea of guilty to both counts of a two-count indictment charging her with welfare fraud. She was placed on probation for a total of eight years and ordered to […]

19 S.E.2d 550 LUMBERMEN’S MUTUAL CASUALTY COMPANY et al. v. BABB. 29305.Court of Appeals of Georgia. DECIDED MARCH 20, 1942. REHEARING DENIED APRIL 2, 1942. The evidence authorized the finding that the claimant’s injury resulted from an accident that arose out of and in the course of his employment, and that his earning capacity was […]

231 S.E.2d 365 RADFORD v. THE STATE. 52913.Court of Appeals of Georgia.SUBMITTED OCTOBER 7, 1976. DECIDED OCTOBER 26, 1976. REHEARING DENIED NOVEMBER 16, 1976. BELL, Chief Judge. The defendant was convicted of aggravated assault and simple assault. He appeals and raises issues only as to the conviction for aggravated assault. Held: Page 452 1. The […]

603 S.E.2d 80 HOME DEPOT U.S.A., INC. v. MILLER. A04A0869.Court of Appeals of Georgia. DECIDED JULY 27, 2004. JOHNSON, Presiding Judge. The question in this breach of express warranty and unfair business practices case is whether the trial court erroneously denied a defense motion for summary judgment. Because we find no genuine issues of material […]

242 S.E.2d 263 KNIGHT v. TROUP COUNTY BOARD OF EDUCATION et al. 54629.Court of Appeals of Georgia.SUBMITTED OCTOBER 11, 1977. DECIDED JANUARY 4, 1978. REHEARING DENIED JANUARY 30, 1978. BANKE, Judge. The appellant, Robert L. Knight d/b/a Georgia-Alabama Industrial Maintenance Company, brought suit for breach of contract against Troup County Board of Education: Otis Abernathy, […]

292 S.E.2d 90 SOUTH et al. v. SOUTH FULTON HOSPITAL. 63600.Court of Appeals of Georgia. DECIDED JUNE 1, 1982. REHEARING DENIED JUNE 16, 1982. SHULMAN, Presiding Judge. While at appellee-hospital to visit a patient, appellant Mary South slipped and fell in a corridor, the floor of which was being stripped of its old wax by […]

660 S.E.2d 426 FOOD LION, LLC v. WALKER. No. A07A1955.Court of Appeals of Georgia. DECIDED MARCH 26, 2008. MILLER, Judge. Gloria C. Walker suffered alleged injuries to her upper back, neck, left wrist, and knees when she slipped and fell in water-diluted chicken blood on the floor of a grocery store owned by Food Lion, […]

476 S.E.2d 860 NORRIS v. ROBERTSON, ET AL. A96A1488.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1996. ANDREWS, Judge. Jack Norris appeals the trial court’s order in a declaratory judgment action granting Vincent and Rachel Robertson’s motion for judgment on the pleadings and Rachel Robertson’s motion to dismiss her as a party to the suit. […]

424 S.E.2d 892 JOHNSON v. RAY (two cases). A92A1500, A92A1501.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1992. COOPER, Judge. Appellants, husband and wife, were passengers in a vehicle driven by Bob Johnson in search of the home of Johnson’s sister. Johnson missed the turn onto his sister’s street and proceeded to back his car […]

132 S.E.2d 81 GRIER v. DONNER. 40192.Court of Appeals of Georgia. DECIDED JUNE 28, 1963. A motion in arrest of judgment under Code § 110-702 lies only for a defect not amendable appearing on the face of the record, the record not including the brief of evidence in the case. Where the record shows that […]

600 S.E.2d 700 BAUER v. WEEKS. A04A0580.Court of Appeals of Georgia. DECIDED MAY 27, 2004. SMITH, Chief Judge. This appeal from a grant of summary judgment is yet another Georgia case involving alleged defects in synthetic stucco exterior cladding. This product was used extensively in residential construction during the 1980s and 1990s, but was found […]

536 S.E.2d 605 SEARS v. THE STATE. A00A1120.Court of Appeals of Georgia. DECIDED: JUNE 29, 2000 BLACKBURN, Presiding Judge. Wilma Hart Sears appeals her convictions of trafficking in cocaine and possession of more than one ounce of marijuana. Sears contends that the evidence was insufficient to support her convictions because other people had access to […]

652 S.E.2d 891 SKAGGS-FERRELL v. THE STATE. No. A07A1428.Court of Appeals of Georgia. DECIDED OCTOBER 19, 2007. MIKELL, Judge. In the second appearance of this case before this Court,[1] Olatunde Skaggs-Ferrell contends that we should reverse his convictions for aggravated assault, burglary, and attempted armed robbery because he received ineffective assistance of counsel. For the […]

607 S.E.2d 245 THE STATE v. BEASLEY. A04A0821.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 2004. ADAMS, Judge. The state appeals the trial court’s grant of William Loren Beasley’s motion to suppress all evidence that led to his citations for possession of alcohol by a minor and fraudulent use of a driver’s license. Page 639 […]

404 S.E.2d 302 ROYAL v. CURRY et al. A90A2046.Court of Appeals of Georgia. DECIDED MARCH 1, 1991. REHEARING DISMISSED MARCH 13, 1991. POPE, Judge. Appellant J. Kenneth Royal was named executor of the estate of Evelyn C. Register pursuant to the terms of the decedent’s Last Will and Testament. Royal, a lawyer, also acted as […]

611 S.E.2d 678 DANOS et al. v. THOMPSON. A04A1852.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 2005. RECONSIDERATION DENIED MARCH 9, 2005. RUFFIN, Chief Judge. Sarah Thompson and other homeowners in the Thunder Point Subdivision (collectively, “homeowners”) sought, inter alia, to set Page 70 aside a quitclaim deed that transferred lakefront property from Peter Danos […]

436 S.E.2d 703 THE STATE v. REICH. THE STATE v. GARZA. A93A1662, A93A1663.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1993. BIRDSONG, Presiding Judge. The State has filed direct appeals under OCGA § 5-7-1 to challenge the trial court’s grant of appellees’ motions to exclude evidence that appellees refused to take blood-alcohol tests after they […]

100 S.E.2d 142 ALLSTATE INSURANCE COMPANY v. BUCK et al. 36816.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1957. Under the Uniform Business Records Act in Code (Ann.) § 38-711, a business firm may introduce in evidence records made in the regular course of its business when it is the regular course of business to […]

552 S.E.2d 550 NICHOLS et al. v. GEORGIA TELEVISION CO. D/B/A CHANNEL 2-TV. SM-012 A01A0232.Court of Appeals of Georgia. DECIDED: JULY 16, 2001. SMITH, Presiding Judge. This case arises out of a search conducted by law enforcement personnel outside the home of appellants Randall and Kathy Nichols. Appellee Georgia Television Company d/b/a Channel 2-TV (Channel […]

710 S.E.2d 193 SIMMONS v. THE STATE. A11A0204.Court of Appeals of Georgia. DECIDED MARCH 30, 2011. RECONSIDERATION DENIED APRIL 19, 2011. ELLINGTON, Chief Judge. A DeKalb County jury found Michael Simmons guilty of armed robbery, OCGA § 16-8-41 (a). Simmons appeals from the denial of his motion for new trial, contending that his trial counsel […]

484 S.E.2d 765 WALTON v. THE STATE. A97A0241.Court of Appeals of Georgia. DECIDED MARCH 25, 1997. McMURRAY, Presiding Judge. Defendant was tried before a jury and found guilty of two counts of simple battery. These convictions are based upon proof that defendant struck and pushed his common-law wife (“the victim”) during an early morning quarrel […]