Category: Georgia Court of Appeals Opinions

519 S.E.2d 732 SAYED ET AL. v. AZIZULLAH. A99A0642.Court of Appeals of Georgia. DECIDED: JUNE 23, 1999. SMITH, Judge. During a family outing, 17-year-old Tariq Sayed drowned at a public park on Lake Lanier. Said and Latifa Sayed, Tariq’s parents, brought this action against their nephew, Haroon Azizullah, who was with his younger cousin Tariq […]

283 S.E.2d 692 DAVID v. PARKERSON et al. 62706.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1981. DEEN, Presiding Judge. The appeal in this case was filed July 13, 1981. No enumeration of errors or brief having been filed within 20 days, the court ordered the filing to be made by August 10, 1981. No […]

659 S.E.2d 716 SIMPSON v. PENDEEGAST. No. A07A1727.Court of Appeals of Georgia. DECIDED MARCH 14, 2008. RUFFIN, Judge. Steve Simpson and Joseph Pendergast are two of the four shareholders in Historic Motorsports Holdings, Ltd. (“HMH”). Pendergast brought an action for declaratory judgment and specific performance against Simpson, seeking to require Simpson to sell his shares […]

479 S.E.2d 391 COCOZZELLI v. ANDREWS HOMES, INC. A96A1755.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1996. Judge Harold R. Banke. After Frank Cocozzelli became dissatisfied with the house Andrews Homes, Inc. (“Andrews”) was building for him, he sued for breach of contract, fraud, negligence, intentional infliction of emotional distress, and a violation of the […]

631 S.E.2d 435 McLAIN et al. v. MARINER HEALTH CARE, INC. A06A0923.Court of Appeals of Georgia. DECIDED MAY 15, 2006. JOHNSON, Presiding Judge. Judy McLain appeals from the trial court’s grant of a motion to dismiss her claims in negligence arising from her father’s residence and death in a nursing home owned and operated by […]

280 S.E.2d 407 SINGLETON v. THE STATE. 61782.Court of Appeals of Georgia. DECIDED APRIL 24, 1981. BANKE, Judge. The defendant was convicted of rape and burglary. On appeal, he enumerates as error the exclusion of testimony by a defense witness that she knew the victim’s reputation and character and that she would not believe her […]

514 S.E.2d 857 BROWN et al. v. COOPER et al. A98A2388.Court of Appeals of Georgia. DECIDED: MARCH 17, 1999 RUFFIN, Judge. Frances Brown, Roosevelt Warren, Jerome Buford, Carolyn Buford, and Geneva Watkins sued Edgar Cooper (individually and as administrator of the estate of Dorothy Cooper), Leisure Care, Inc., and Lee Denise, Inc., seeking to set […]

448 S.E.2d 219 NORMAN v. THE STATE. A94A1264.Court of Appeals of Georgia. DECIDED JULY 27, 1994. RECONSIDERATION DENIED AUGUST 15, 1994. BLACKBURN, Judge. Appellant, Douglas R. Norman, previously appealed his conviction for possession of cocaine. In Norman v. State, 208 Ga. App. 830 (432 S.E.2d 216) (1993), we affirmed the conviction, but remanded with direction […]

162 S.E.2d 909 GEORGIA CASUALTY SURETY COMPANY et al. v. MILLS. 43601.Court of Appeals of Georgia.SUBMITTED MAY 6, 1968. DECIDED JUNE 24, 1968. REHEARING DENIED JULY 23, 1968. EBERHARDT, Judge. Where the medical evidence was conflicting as to whether a moderate brain concussion received when the employee fell from a truck aggravated a pre-existing cancerous […]

307 S.E.2d 703 CHARLES v. THE STATE. 66494.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1983. McMURRAY, Presiding Judge. Defendant was indicted and convicted of the offense of burglary. Defendant appeals. Held: The indictment specified the burglarized premises to be “THE WAREHOUSE OF SOUTHERN BATTERY AND TIRE COMPANY LOCATED AT 230 EAST JACKSON STREET, DUBLIN, […]

50 S.E.2d 152 HARRIS v. THE STATE. 32143.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1948. GARDNER, J. The defendant was tried on a charge of murder for the killing of his wife and was convicted of voluntary manslaughter. The only contention here is that the evidence does not support the verdict for voluntary manslaughter, […]

11 S.E.2d 103 MYRICK v. HORNE et al. 28457.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1940. SUTTON, J. The bill of exceptions having been signed by the trial judge on March 18, 1940, but not filed in the office of the clerk of the superior court until April 3, 1940, which was more than […]

254 S.E.2d 504 CRAMER v. PARROTT. 54244.Court of Appeals of Georgia.SUBMITTED FEBRUARY 7, 1979. DECIDED MARCH 16, 1979. BIRDSONG, Judge. Plaintiff brought this suit to recover on a promissory note. Defendant answered and also filed a third-party complaint against an alleged co-maker of the note. The case came on for trial before a jury. At […]

125 S.E.2d 235 STEPHENS et al. v. SOUTHERN DISCOUNT COMPANY. 39191.Court of Appeals of Georgia. DECIDED MARCH 30, 1962. 1. The court did not err in finding against the plea in bar based upon a discharge in bankruptcy. 2. The evidence does not support the judgment. The court erred in denying the motion for a […]

604 S.E.2d 67 BARROW v. THE STATE. WILLIAMS v. THE STATE. A04A1429. A04A1430.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 2004. RUFFIN, Presiding Judge. A jury found Erick Barrow guilty of possessing cocaine with intent to distribute and attempting to elude a police officer. The same jury found his co-defendant, Elkanah Williams, guilty of possessing […]

613 S.E.2d 215 HARDWICK v. WILLIAMS et al. A05A0291.Court of Appeals of Georgia. DECIDED APRIL 8, 2005. MIKELL, Judge. This is the second appearance of this case before this Court. As we explained in Hardwick v. Williams (“Hardwick I“),[1] Bobby Hardwick’s wife of 30 years died as a result of a cancer-related condition. On the […]

598 S.E.2d 122 CARTER v. THE STATE. A04A0773.Court of Appeals of Georgia. DECIDED APRIL 7, 2004. ELDRIDGE, Judge. A Gwinnett County jury found Eddie Lee Carter guilty of robbery by sudden snatching, which charge arose when Carter took a purse from a grocery cart and absconded with it. He appeals, claiming solely that his trial […]

166 S.E.2d 376 G. E. C. CORPORATION et al. v. LEVY. 43857.Court of Appeals of Georgia.ARGUED SEPTEMBER 3, 1968. DECIDED JANUARY 7, 1969. REHEARING DENIED JANUARY 21, 1969. FELTON, Chief Judge. 1. The summary judgment in favor of the defendants, appellants here, was restricted by its terms to the issue of the claim of statutory […]

256 S.E.2d 666 CALLAHAN v. C. S. BANK OF HOUSTON COUNTY. 57647.Court of Appeals of Georgia.SUBMITTED APRIL 10, 1979. DECIDED MAY 17, 1979. BANKE, Acting Presiding Judge. This appeal is from the dismissal of the appellant’s complaint for failure to state a claim upon which relief can be granted. The 14 paragraphs of the complaint […]

348 S.E.2d 481 PARKS v. THE STATE. 72728.Court of Appeals of Georgia. DECIDED JULY 15, 1986. REHEARING DENIED JULY 29, 1986. BANKE, Chief Judge. Parks appeals his conviction of driving with a revoked license. Held: 1. Pursuant to OCGA § 17-7-110, appellant was furnished with a list of witnesses prior to trial containing the name […]

61 S.E.2d 787 HUFF v. THE STATE. 33080.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1950. 1. “In a prosecution in a State court for a State crime, the Fourteenth Amendment of the Federal Constitution does not forbid the admission of relevant evidence even though obtained by an unreasonable search and seizure. “(a) Arbitrary intrusion […]

441 S.E.2d 455 SHOFFNER et al. v. FLEET FINANCE, INC. et al. A93A2237.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1994. RECONSIDERATION DENIED FEBRUARY 21, 1994. SMITH, Judge. Appellants J. Faye Shoffner and John McKinley Shoffner (“the Page 143 Shoffners”) brought suit against appellees Fleet Finance, Inc. and Fleet Finance of Georgia, Inc. (hereinafter collectively […]

462 S.E.2d 408 UNDEN v. THE STATE. A95A2028.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1995. CERT. APPLIED FOR. BIRDSONG, Presiding Judge. Jack Edward Unden appeals his conviction of four counts of sexual exploitation of children in violation of OCGA § 16-12-100; he enumerates three errors. Held: 1. On appeal the evidence must be viewed […]

426 S.E.2d 264 HENDERSON v. THE STATE. A92A1552.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1992. BEASLEY, Judge. In his sole enumeration of error, Henderson claims that the court erred in denying his plea of former jeopardy in that it is unconstitutional to try him for the crimes of criminal damage to property and simple […]

94 S.E.2d 135 JONES v. WEST END THEATRE COMPANY. 36290.Court of Appeals of Georgia. DECIDED JULY 11, 1956. REHEARING DENIED JULY 31, 1956. 1. While the plaintiff cannot by amendment introduce an entirely new cause of action, he may nevertheless add a new count substantially different from the first declaration, provided he adheres to the […]

154 S.E.2d 694 ELLIOTT v. LEATHERS et al. 42348.Court of Appeals of Georgia.SUBMITTED OCTOBER 4, 1966. DECIDED JANUARY 26, 1967. REHEARING DENIED MARCH 6, 1967. FRANKUM, Judge. 1. “The solemn duty devolves upon this court to inquire into its jurisdiction to entertain each appeal and review the alleged errors of the trial court. Byrd v. […]

48 S.E.2d 159 EVANS v. JOHNSON. 31979.Court of Appeals of Georgia. DECIDED MAY 22, 1948. REHEARING DENIED JUNE 5, 1948. The defendant failed to show any valid defense to the note she admitted signing, and the court did not err in directing a verdict for the plaintiff. DECIDED MAY 22, 1948. REHEARING DENIED JUNE 5, […]

147 S.E.2d 685 DOOLEY v. BERKNER. 41665.Court of Appeals of Georgia.ARGUED JANUARY 3, 1966. DECIDED JANUARY 25, 1966. REHEARING DENIED FEBRUARY 10, 1966. A seller-builder of a residence who conveyed the property by deed to the plaintiff after the completion of the building is not liable to the purchaser for the negligent construction of the […]

291 S.E.2d 423 NUTTER v. THE STATE. 63378.Court of Appeals of Georgia. DECIDED MAY 13, 1982. SHULMAN, Presiding Judge. Convicted upon a bench trial of two counts of violating the Georgia Controlled Substances Act (Code Ann. Ch. 79A-8, Ga. L. 1974, p. 221 et seq.), Nutter appeals the overruling of his motion to suppress evidence. […]

416 S.E.2d 160 BLIGE v. THE STATE. A91A1502.Court of Appeals of Georgia. DECIDED MARCH 3, 1992. COOPER, Judge. Appellant was convicted by a jury of burglary. On appeal, he enumerates as error the admission of his confession as well as the admission of his invocation of his constitutional right to remain silent. Viewed in a […]

439 S.E.2d 729 HARRIS COUNTY v. PENTON. A93A0883.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1993. RECONSIDERATION DENIED DECEMBER 20, 1993. SMITH, Judge. Ben H. Penton brought suit against Harris County for breach of an employment contract. Both parties moved for summary judgment, with Penton contending that the only issues remaining for trial were the […]

229 S.E.2d 786 MARLER v. CITIZENS SOUTHERN BANK OF MILLEDGEVILLE. 52591.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1976. DECIDED SEPTEMBER 30, 1976. REHEARING DENIED OCTOBER 14, 1976. 1. Where the Act creating a state court provides for waiver of jury trial if not demanded in writing by the plaintiff upon filing the complaint, or by […]

249 S.E.2d 121 METRIC STEEL COMPANY v. BLI CONSTRUCTION COMPANY, INC. et al. 55826.Court of Appeals of Georgia.ARGUED MAY 4, 1978. DECIDED SEPTEMBER 14, 1978. REHEARING DENIED OCTOBER 5, 1978. McMURRAY, Judge. BLI Construction Company, Inc. contracted with the DeKalb County Board of Education to construct two high schools in that county. Metric Steel Company […]

243 S.E.2d 641 SUDDETH v. DAVIS. 55081.Court of Appeals of Georgia.ARGUED JANUARY 11, 1978. DECIDED MARCH 9, 1978. McMURRAY, Judge. This case involves a suit for damages brought by the father as next friend of his minor child against the defendant as the operator of a day care center and kindergarten. Plaintiff alleges the child […]

60 S.E.2d 538 WILLIAMS v. EDWARDS. 33105.Court of Appeals of Georgia. DECIDED JULY 7, 1950. SUTTON, C. J. This was an action in trover, brought by T. H. Williams against H. E. Edwards in the Civil Court of Fulton County, seeking to recover a diamond ring and a wrist watch, or the value thereof. Edwards […]

389 S.E.2d 386 ABRAHAMSEN v. McDONALD’S CORPORATION. A89A1840.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1989. REHEARING DENIED DECEMBER 13, 1989. BANKE, Presiding Judge. Abrahamsen brought the present action against McDonald’s Corporation seeking to recover approximately $300,000 in damages, plus Page 869 expenses of litigation, based on the latter’s alleged breach of a series of […]

94 S.E.2d 755 RUSHIN v. WINECOFF et al. PARKS v. WINECOFF et al. 36372, 36381.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1956. QUILLIAN, J. Where a trial judge vacates his order overruling general and special demurrers to a petition, there has been no final judgment in the case and the filing of a bill […]

155 S.E.2d 694 SUTKER et al. v. PENNSYLVANIA INSURANCE COMPANY et al. 42665.Court of Appeals of Georgia.ARGUED MARCH 6, 1967. DECIDED APRIL 5, 1967. REHEARING DENIED APRIL 25, 1967. A petition sets out no cause of action against an insurance company’s agent or against the company for a tort founded upon contract in the failure […]

629 S.E.2d 558 BURKETT v. LIBERTY MUTUAL FIRE INSURANCE COMPANY et al. A06A0696.Court of Appeals of Georgia. DECIDED APRIL 7, 2006. BLACKBURN, Presiding Judge. In this personal injury action, Ivan Burkett appeals the grant of summary judgment to Liberty Mutual Fire Insurance Company (“Liberty”) and Atlanta Casualty Company (“ACC”), contending that the trial court erred […]

77 S.E.2d 776 GRAHAM et al. v. HARPER. 34738.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1953. CARLISLE, J. On February 13, 1951, Aubrey Harper, as the holder of a certain mortgage note made by Sanford Graham on a certain Ford truck, brought foreclosure proceedings in the City Court of Douglas and the sheriff of […]

316 S.E.2d 779 POWELL v. THE STATE. 67426.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 1984. REHEARING DENIED MARCH 9, 1984. POPE, Judge. Charlie Lee Powell pled guilty to possession of methamphetamine, a violation of the Georgia Controlled Substances Act. This plea was entered after the trial court had denied his motion to suppress and […]

482 S.E.2d 483 PARKER v. PRUDENTIAL INSURANCE COMPANY OF AMERICA. A96A2156.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1997. — CERT. APPLIED FOR. ANDREWS, Chief Judge. Robert J. Parker sued Prudential Insurance Company of America claiming Prudential breached its contractual duty to pay benefits to him under a group disability insurance policy. Parker Page 866 […]

236 S.E.2d 107 SMITH v. THE STATE. 53759.Court of Appeals of Georgia.SUBMITTED APRIL 5, 1977. DECIDED MAY 6, 1977. REHEARING DENIED MAY 26, 1977. McMURRAY, Judge. Defendant was indicted for the offense of violating the Georgia Controlled Substances Act, that is, selling cocaine, a narcotic drug being a controlled substance. He was convicted and sentenced […]

129 S.E.2d 545 EMPLOYERS INSURANCE COMPANY OF ALABAMA et al. v. GOSS. 39885.Court of Appeals of Georgia. DECIDED JANUARY 22, 1963. The evidence did not support a finding that the claimant gave the employer notice of injury by accident arising out of and in the course of the employment, as required by the Workmen’s Compensation […]

248 S.E.2d 31 RIVERS v. THE STATE. 55708.Court of Appeals of Georgia.ARGUED APRIL 4, 1978. DECIDED JULY 14, 1978. REHEARING DENIED JULY 31, 1978. BANKE, Judge. The defendant was convicted of rape and on appeal attacks the admission of evidence of a prior rape for which he had been tried and acquitted. Held: 1. Evidence […]

208 S.E.2d 566 SENTRY INSURANCE v. MELLS. 49451.Court of Appeals of Georgia.SUBMITTED MAY 30, 1974. DECIDED SEPTEMBER 4, 1974. PANNELL, Presiding Judge. On May 3, 1972, the SBA (Small Business Administration) granted a $25,000 loan to appellee, secured by a first lien on inventory, fixtures and equipment, with a proviso that appellee acquire hazard insurance […]

438 S.E.2d 134 BOARD OF ZONING ADJUSTMENT OF THE CITY OF ATLANTA v. MURPHY; and vice versa. A93A1710, A93A1711.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1993. RECONSIDERATION DENIED NOVEMBER 23, 1993. McMURRAY, Presiding Judge. Thomas L. Murphy has owned and operated a restaurant in the Virginia-Highland business district of the City of Atlanta for […]

436 S.E.2d 780 MEINERS v. FORTSON WHITE et al. A93A1250.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1993. POPE, Chief Judge. In this legal malpractice action, plaintiff appeals the trial court’s grant of defendants’ motion for summary judgment and denial of plaintiff’s motion for partial summary judgment. On September 26, 1988, plaintiff was injured in […]

183 S.E.2d 227 HOUSING AUTHORITY OF DECATUR v. WESTERN UNION TELEGRAPH COMPANY. 45977.Court of Appeals of Georgia.ARGUED MARCH 2, 1971. DECIDED MAY 20, 1971. REHEARING DENIED JULY 8, 1971. The defendant’s liability for late delivery of an interstate telegram was limited to $500 under a tariff which it filed pursuant to Section 203 (a) of […]

605 S.E.2d 58 SMITH v. 6595 RR CORPORATION. A04A2002.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 2004. ELDRIDGE, Judge. Plaintiff-appellee 6595 RR Corporation (“6595”) brought the underlying action seeking judgment against defendant-appellant Gregory G. Smith d/b/a Sports Express (“Sports Express”) for unpaid rents under a written lease agreement, as amended, as to Sports Express’ place […]

232 S.E.2d 645 SHELTON v. BITUMINOUS FIRE MARINE INSURANCE COMPANY et al. 53349.Court of Appeals of Georgia.SUBMITTED JANUARY 12, 1977. DECIDED JANUARY 28, 1977. QUILLIAN, Presiding Judge. Claimant appeals from the judgment of the trial court affirming the denial of his claim by the Board of Workmen’s Compensation. It is urged that the findings of […]

111 S.E.2d 755 PARKS v. FULLER, Administrator, et al. 37822.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1959. 1. The allegations of count 2 of the petition affirmatively showed that the alleged driver of the automobile in which the plaintiff’s intestate was riding was not acting in the scope of his employment at the time […]

382 S.E.2d 425 TUCKER v. THE STATE. A89A0795.Court of Appeals of Georgia. DECIDED MAY 23, 1989. POPE, Judge. Defendant John Tucker appeals from his conviction and sentence for the offense of child molestation. On appeal his sole enumeration of error concerns the admission of testimony concerning a similar transaction which occurred approximately one month prior […]

91 S.E.2d 85 FRAZIER v. THE STATE. 36004.Court of Appeals of Georgia. DECIDED JANUARY 11, 1956. 1. “It is not necessary for the judge in charging a jury in a criminal case to make introductory remarks as to the importance of the case both to the State and the accused, but it is not error […]

347 S.E.2d 693 FULLER v. KRYSTAL COMPANY. 72407.Court of Appeals of Georgia. DECIDED JULY 9, 1986. CARLEY, Judge. Appellant brought the instant action, seeking damages for injuries Page 726 sustained in appellee’s restaurant. She appeals from the trial court’s grant of summary judgment in favor of appellee. The evidence is undisputed. Appellant had eaten at […]

11 S.E.2d 672 KEITH v. McCOLLUM. 28500.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1940. REHEARING DENIED NOVEMBER 26, 1940. The court erred in overruling the motion for new trial. DECIDED OCTOBER 28, 1940. REHEARING DENIED NOVEMBER 26, 1940. Eviction; from Wayne superior court — Judge Knox. April 6, 1940. STATEMENT OF FACTS BY SUTTON, […]

231 S.E.2d 132 GEORGIA KRAFT COMPANY v. LEE et al. 52769.Court of Appeals of Georgia.SUBMITTED OCTOBER 6, 1976. DECIDED NOVEMBER 8, 1976. STOLZ, Judge. Appellee The Canteen Company (hereinafter Canteen) runs a cafeteria at the appellant’s mill in Rome. The food service contract specifies that Canteen will indemnify the appellant against loss “caused by Canteen’s […]

27 S.E.2d 704 STREETMAN v. THE STATE. 30268.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1943. REHEARING DENIED NOVEMBER 23, 1943. The court did not err in revoking the defendant’s suspended sentence, and ordering it to be enforced. DECIDED NOVEMBER 4, 1943. REHEARING DENIED NOVEMBER 23, 1943. Page 193 Violating liquor law; from Jackson superior […]

184 S.E.2d 673 HERRINGTON v. AMERICAN SECURITY INSURANCE COMPANY. 46593.Court of Appeals of Georgia.ARGUED SEPTEMBER 20, 1971. DECIDED OCTOBER 19, 1971. WHITMAN, Judge. It is the law in this State that a bona fide purchaser of a stolen automobile acquires no title and no insurable interest therein and, therefore, may not recover under a theft […]

367 S.E.2d 275 HEINEN v. THE STATE. 75358.Court of Appeals of Georgia. DECIDED MARCH 15, 1988. BEASLEY, Judge. Heinen appeals his conviction and sentence for aggravated sodomy, OCGA § 16-6-2, and the overruling of his motion for new trial which was based upon the general grounds and the contention that the trial court erred in […]

359 S.E.2d 187 JONES v. DAVIS (two cases) 74075, 74076.Court of Appeals of Georgia. DECIDED JUNE 22, 1987. SOGNIER, Judge. Evelyn McClellan Davis brought suit both individually and as administratrix of the estate of Robert McClellan against Clifford Jones, d/b/a Dairy Queen and Kwik Shop, and Carey Jones for the wrongful death of her son, […]

362 S.E.2d 464 HOLT v. THE STATE. 74941.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1987. POPE, Judge. Charles Will Holt brings this appeal from his conviction and sentence of theft by deception, OCGA § 16-8-3. Held: 1. “Where the appellee in this court points out no material inaccuracy or incompleteness of statement in appellant’s […]

555 S.E.2d 188 SATILLA COMMUNITY SERVICE BOARD v. SATILLA HEALTH SERVICES, INC. et al. EL-077 A01A1747.Court of Appeals of Georgia. DECIDED: OCTOBER 11, 2001 ELDRIDGE, Judge. This is an interlocutory appeal from the denial of the motions for summary judgment of Satilla Community Service Board (“SCSB”), third-party defendant and fourth-party defendant, to the third-party Page […]

270 S.E.2d 60 BRIDGES v. THE STATE. 59947.Court of Appeals of Georgia.ARGUED MAY 13, 1980. DECIDED JUNE 10, 1980. QUILLIAN, Presiding Judge. The defendant appeals his conviction for forgery. Held: 1. “`[A] preliminary hearing is not a required step in a felony prosecution and … once an indictment is obtained there is no judicial oversight […]

580 S.E.2d 580 HURT v. NORWEST MORTGAGE, INC. A03A0389.Court of Appeals of Georgia. Decided March 14, 2003 Reconsideration Dismissed March 28, 2003 ELDRIDGE, Judge. This is an appeal from a grant of a Writ of Possession. It arises from Rabun County Superior Court Civil Action No. 01-C V-245-C and is part of a nine-year, convoluted […]

351 S.E.2d 82 ROBERT COMPANY ASSOCIATES v. TIGNER et al. 72921.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1986. REHEARING DENIED NOVEMBER 17, 1986. BIRDSONG, Presiding Judge. Tort Liability. This multiple-day trial involves numerous parties and a voluminous record and transcript (over 3,500 pages). Considering those facts necessary to the disposition of the issues, we […]

518 S.E.2d 458 AL AND ZACK BROWN, INC. v. BULLOCK. A99A0049.Court of Appeals of Georgia. DECIDED: MAY 26, 1999. RUFFIN, Judge. Barbara Bullock, d/b/a Unique Welding and Fabricating (Unique), sued Al and Zack Brown, Inc. (Brown) for breach of contract, seeking $140,000 in damages, plus interest. A jury awarded Unique $30,661.25, and the trial court […]

635 S.E.2d 843 PRINGLE v. THE STATE. No. A06A1342.Court of Appeals of Georgia. DECIDED AUGUST 22, 2006. MIKELL, Judge. Marion Pringle was convicted of armed robbery, aggravated assault, kidnapping, possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon. He was acquitted of making terroristic threats. […]

278 S.E.2d 175 STANFORD v. THE STATE. 61362.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1981. QUILLIAN, Chief Judge. The defendant, Jerome Stanford, appeals his conviction of the offense of armed robbery. Held: There are two enumerations of error — (1) the general grounds, and (2) overruling of defendant’s Motion for Directed Verdict “because the […]

166 S.E.2d 917 WEHUNT v. RASH, by Next Friend, et al. 44027.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1968. DECIDED FEBRUARY 28, 1969. REHEARING DENIED MARCH 13, 1969. The defendant’s motion for summary judgment was properly denied. ARGUED NOVEMBER 7, 1968 — DECIDED FEBRUARY 28, 1969 — REHEARING DENIED MARCH 13, 1969. Action for damages. […]

399 S.E.2d 748 NELSON v. THE STATE. A90A0870.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1990. POPE, Judge. Defendant appeals his conviction of possession of cocaine, OCGA § 16-13-30 (a), and possession of firearms during the commission of a crime involving possession of a controlled substance, cocaine, OCGA § 16-11-106 (b) (4). Defendant contends the […]

267 S.E.2d 891 JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY v. POSS; and vice versa. 59401, 59402.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1980. DECIDED APRIL 8, 1980. BIRDSONG, Judge. Contract of insurance. The insured employee, Virgil Poss, was employed by Armour and Company as a truck delivery driver delivering cuts of frozen and/or fresh meat […]

474 S.E.2d 211 LETLOW v. THE STATE. A96A0775.Court of Appeals of Georgia. DECIDED JULY 9, 1996 — RECONSIDERATION DENIED JULY 18, 1996 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant was charged by special presentment with two counts each of aggravated child molestation, solicitation of sodomy, child molestation, and contributing to the delinquency of minors, […]

490 S.E.2d 415 FORD et al. v. SAINT FRANCIS HOSPITAL, INC.; and vice versa. A97A0753, A97A0754.Court of Appeals of Georgia. DECIDED JULY 11, 1997. RECONSIDERATION DENIED JULY 31, 1997 — CERT. APPLIED FOR. BEASLEY, Judge. Ford entered Saint Francis Hospital for heart surgery, including a double bypass graft and an aortic valve replacement. During surgery […]

634 S.E.2d 780 CDM CUSTOM HOMES, INC. v. WINDHAM. No. A06A0203.Court of Appeals of Georgia. DECIDED JUNE 20, 2006. RECONSIDERATION DENIED JULY 27, 2006. MIKELL, Judge. After a bench trial, the trial court entered a judgment granting Keith Windham specific performance of a real estate purchase contract that he entered with CDM Custom Homes, Inc. […]

386 S.E.2d 378 CLARK v. THE STATE. A89A1524.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1989. BANKE, Presiding Judge. The appellant was charged with speeding, following too closely, and driving under the influence. A jury acquitted him of following too closely but found him guilty of speeding and driving under the influence. He appeals. Held: […]

353 S.E.2d 635 NOESKE v. THE STATE. 73160.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1987. BEASLEY, Judge. The appeal is from convictions for driving while license suspended (OCGA § 40-5-121) and speeding (OCGA § 40-6-181) and from the denial of a motion for new trial. 1. Appellant maintains that he could not have been […]

183 S.E.2d 610 TRAVELERS INSURANCE COMPANY v. COX. 46206.Court of Appeals of Georgia.SUBMITTED MAY 6, 1971. DECIDED JULY 13, 1971. REHEARING DENIED JULY 26, 1971. JORDAN, Presiding Judge. Joe Cox sued Johnny D. and Mildred A. Scoggins because of damages alleged to have arisen from an automobile collision. The defendants were insured by Travelers Insurance […]

385 S.E.2d 125 BAKER v. SOUTHERN RAILWAY COMPANY et al. A89A0508.Court of Appeals of Georgia. DECIDED JULY 13, 1989. REHEARING DENIED JULY 25, 1989. BIRDSONG, Judge. This is an appeal from a judgment granting appellee’s motion to dismiss an appeal for unreasonable and inexcusable delay in the filing of the transcript. On December 15, 1987, […]

344 S.E.2d 662 COKER v. CASEY; and vice versa. 72024, 72025, 72026, 72027.Court of Appeals of Georgia. DECIDED APRIL 7, 1986. BANKE, Chief Judge. Pamela Coker sued Jo Casey to recover for injuries she sustained in an automobile accident; and Wilson Coker, Pamela’s husband, brought a separate action against Casey to recover for loss of […]

599 S.E.2d 329 THE STATE v. HARDEN. A04A0674.Court of Appeals of Georgia. DECIDED May 12, 2004. MIKELL, Judge. The state appeals the order granting Robert M. Harden’s motion to suppress in his prosecution for driving with an unlawful alcohol concentration, driving under the influence of alcohol to the extent that it was less safe for […]

469 S.E.2d 523 RC COLA BOTTLING COMPANY, INC. et al. v. VANN et al. A95A2539Court of Appeals of Georgia. DECIDED MARCH 6, 1996 POPE, Presiding Judge. Wanda Vann, individually and as an administratrix, filed suit against Jonathan Hogan and RC Cola Bottling Co., Inc. (RC) seeking to recover for the alleged wrongful death of her […]

222 S.E.2d 888 JOY MANUFACTURING COMPANY v. STOHL. 51005.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1975. DECIDED DECEMBER 2, 1975. REHEARING DENIED DECEMBER 19, 1975. MARSHALL, Judge. This is an appeal from a denial of appellant’s motion for summary judgment. The issue is whether an employee who has accrued a vested, contractual right in a […]

364 S.E.2d 588 KILPATRICK v. FOSTER et al. 75199.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1987. REHEARING DENIED JANUARY 4, 1988. BANKE, Presiding Judge. The appellant sued the appellees to recover for personal injuries which she sustained when an automobile she was driving was struck head-on by an automobile being driven by one Ted […]

714 S.E.2d 693 KEATON v. THE STATE. No. A11A0566.Court of Appeals of Georgia. DECIDED JULY 14, 2011. ADAMS, Judge. Corey Keaton appeals the trial court’s denial of his motion for new trial following his conviction on charges of rape, aggravated assault, burglary, aggravated stalking and kidnapping in connection with an incident involving his estranged wife.[1] […]

477 S.E.2d 445 LEE v. VISITING NURSE HEALTH SYSTEM OF METROPOLLITAN ATLANTA, INC. et al. A96A1542.Court of Appeals of Georgia. DECIDED OCTOBER 23, 1996 — CERT. APPLIED FOR. BEASLEY, Chief Judge. Defendants’ motions to dismiss in this malpractice case were granted for failure to comply with the requirements of OCGA §9-11-9.1, and Lee appeals. Hogan, […]

372 S.E.2d 512 RUCKER v. CORBIN. 76437.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1988. BEASLEY, Judge. The trial court granted summary judgment against Rucker, who sought to recover a real estate commission under an exclusive listing agreement with Corbin. Rucker alleged that he obtained a buyer ready, willing and able to purchase Corbin’s property […]

708 S.E.2d 303 ROBINSON v. THE STATE. No. A10A1968.Court of Appeals of Georgia. DECIDED MARCH 18, 2011. DOYLE, Judge. Joseph Robinson was charged with three counts of child molestation[1] and three counts of sexual battery.[2] A Fulton County jury found him guilty of two counts each of child molestation and sexual battery, and he was […]

322 S.E.2d 520 PLAYER v. BASSFORD. 68820.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1984. SOGNIER, Judge. Edna Player filed a complaint for damages resulting from injuries allegedly sustained when she slipped and fell in the parking lot outside William Bassford’s Mr. Automotive store. She appeals the trial court’s grant of summary judgment to Bassford. […]

530 S.E.2d 516 NATALIE SWANSON ET AL. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE A99A2419.Court of Appeals of Georgia. DECIDED: MARCH 7, 2000. MILLER, Judge. The issue in this case is whether a consolidated pretrial order submitted by the parties but unsigned by the court, which order fails to raise a defense mentioned in the answer, […]

457 S.E.2d 243 CAMPOS et al. v. WILLIAMS. A95A0265.Court of Appeals of Georgia. DECIDED APRIL 19, 1995. BIRDSONG, Presiding Judge. Appellants, Quirino Campos et al., appeal the state court’s order granting appellee Dairyland Insurance Company’s motion for summary judgment against appellants Campos and Jose Gonzalez, and dismissing the complaint of said appellants/plaintiffs. Suit for damages […]

173 S.E.2d 710 FRANCIS v. THE STATE. 45077.Court of Appeals of Georgia.ARGUED FEBRUARY 3, 1970. DECIDED FEBRUARY 24, 1970. 1. The general grounds of the motion for new trial are without merit. 2. A sufficient prima facie showing was made that the deceased was conscious of his approaching death rendering admissible as a dying declaration […]

534 S.E.2d 858 CECIL T. ALLGOOD, INC. v. STARK PROPERTIES, INC. A00A0035.Court of Appeals of Georgia. DECIDED: MAY 19, 2000. ANDREWS, Presiding Judge. Cecil T. Allgood, Inc. (Allgood) sued Stark Properties, Inc. (Stark) for conversion of its corporate assets claiming that Stark wrongfully refused to return the assets after the parties mutually terminated a contract […]

450 S.E.2d 263 GEORGIA RECOVERY, INC. v. DANLEY et al. A94A2225.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1994. RECONSIDERATION DENIED NOVEMBER 16, 1994. BIRDSONG, Presiding Judge. Appellant/defendant Georgia Recovery, Inc. appeals the order Page 237 granting summary judgment in favor of appellees/plaintiffs, the Danleys, and from the final order and judgment of the superior […]

560 S.E.2d 697 CARTER v. THE STATE. A01A1735.Court of Appeals of Georgia. January 10, 2002. RUFFIN, Judge. Janet Faye Carter appeals from her convictions for driving under the influence of alcohol and driving after being declared a habitual violator. She argues that the trial court erred in admitting the testimony of Barbara Terrell, a prosecution […]

245 S.E.2d 437 HENDERSON v. THE STATE. 55316.Court of Appeals of Georgia.SUBMITTED JANUARY 31, 1978. DECIDED APRIL 6, 1978. REHEARING DENIED MAY 31, 1978. BELL, Chief Judge. Defendant was convicted of forgery in the first degree and he appeals. Held: 1. The check which was the subject of this prosecution was described in the indictment […]