Category: Georgia Court of Appeals Opinions

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 […]

147 S.E.2d 879 THORNTON v. SHIVERS. 41667.Court of Appeals of Georgia.SUBMITTED JANUARY 10, 1966. DECIDED MARCH 16, 1966. It was not error to deny defendant’s motion for judgment notwithstanding mistrial. SUBMITTED JANUARY 10, 1966 — DECIDED MARCH 16, 1966. Action for damages. Muscogee Superior Court. Before Judge Land. Edna M. Shivers brought this action against […]

166 S.E.2d 580 GEIGER v. BROOKS SUPER MARKET NO. 4, INC. 43992.Court of Appeals of Georgia.SUBMITTED OCTOBER 8, 1968. DECIDED JANUARY 17, 1969. BELL, Presiding Judge. Plaintiff brought this suit to recover for injuries sustained when she slipped and fell on a bean shell on the floor of defendant’s grocery store. On trial of the […]

356 S.E.2d 72 SEARS v. THE STATE. 73349.Court of Appeals of Georgia. DECIDED MARCH 17, 1987. REHEARINGS DENIED APRIL 2, 1987. POPE, Judge. Dave William Sears brings this appeal from his convictions of incest, enticing a child for indecent purposes, child molestation (two counts), and rape. Held: 1. Appellant’s first enumeration of error challenges his […]

211 S.E.2d 28 McBRIDE v. DISTINCTIVE FOOD ENTERTAINMENT CORPORATION. 49914.Court of Appeals of Georgia.SUBMITTED NOVEMBER 7, 1974. DECIDED NOVEMBER 27, 1974. STOLZ, Judge. In this proceeding under Code Ann. Ch. 61-3 against a tenant holding over, the tenant’s failure to pay into the registry of the court, at the time he filed his counter-affidavit, rent […]

259 S.E.2d 490 DEWORKEN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. PARKER et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. HOPSON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. 57848, 57849, 57850.Court of Appeals of Georgia.ARGUED MAY 10, 1979. DECIDED SEPTEMBER 7, 1979. SMITH, Judge. Appellants have demonstrated no […]

485 S.E.2d 827 HUNTER v. CARTER et al. A97A0971.Court of Appeals of Georgia. DECIDED APRIL 23, 1997. ELDRIDGE, Judge. Appellant Kendall Hunter challenges the trial court’s order granting visitation rights with her daughter, D. H., to the appellees, the child’s paternal grandparents. The appellees are the parents of appellant’s former husband and the child’s biological […]

53 S.E.2d 231 CONSOLIDATED QUARRIES CORPORATION v. DAVIDSON et al. 32364.Court of Appeals of Georgia. DECIDED APRIL 13, 1949. REHEARING DENIED MAY 13, 1949. Where a petition for a declaratory judgment is filed for the sole purpose of determining the rights and liabilities of the parties to a contested instrument, intended as a contract, in […]

712 S.E.2d 661 HOOVER v. MAXUM INDEMNITY COMPANY; and vice versa. Nos. A11A0284, A11A0285.Court of Appeals of Georgia. DECIDED JUNE 24, 2011. MILLER, Presiding Judge. James Matthew Hoover filed the instant action against Maxum Indemnity Company, seeking to recover under an insurance policy issued by Maxum to its insured, Emergency Water Extraction Services, LLC (“EWES”). […]

266 S.E.2d 810 ATLAS AVIATION, INC. v. HUNGATE. 59082.Court of Appeals of Georgia.SUBMITTED JANUARY 15, 1980. DECIDED FEBRUARY 18, 1980. BANKE, Judge. This is an appeal from the dismissal of the plaintiff’s complaint for lack of personal jurisdiction and venue. The defendant, a nonresident of Georgia, is alleged to be subject to suit here pursuant […]

181 S.E.2d 519 CITIZENS SOUTHERN NATIONAL BANK OF GEORGIA et al. v. BAUMGARTNER. CITIZENS SOUTHERN NATIONAL BANK OF GEORGIA v. PADGETT (two cases). 45763. 45764, 45765.Court of Appeals of Georgia.ARGUED NOVEMBER 2, 1970. DECIDED MARCH 11, 1971. PANNELL, Judge. Where motions for summary judgment by defendants as to a two-count petition are overruled and an […]

29 S.E.2d 923 SAMPLES v. THE STATE. 30326.Court of Appeals of Georgia. DECIDED APRIL 27, 1944. MacINTYRE, J. 1. The general grounds are not argued or referred to in the brief for the defendant, and are treated as abandoned. 2. Special ground 1 is controlled adversely to the defendant by McNabb v. State, 69 Ga. […]

8 S.E.2d 131 PASSLEY v. THE STATE. 27928.Court of Appeals of Georgia. DECIDED MARCH 13, 1940. The court did not err in overruling the demurrer to the indictment. The assignments of error are without merit. The evidence supported the verdict. DECIDED MARCH 13, 1940. Involuntary manslaughter; from Bartow superior court — Judge Mitchell. July 10, […]

631 S.E.2d 821 ROGERS SONS, INC. v. SANTEE RISK MANAGERS, LLC et al. A06A0757.Court of Appeals of Georgia. DECIDED JUNE 5, 2006. ADAMS, Judge. Certain Underwriters at Lloyds (“Underwriters”) insured logging equipment owned by Rogers Sons, Inc., but they denied coverage for one machine, a “fellerbuncher,” that was destroyed by fire, because it was not […]

263 S.E.2d 522 SIMMONS v. THE STATE. 58106.Court of Appeals of Georgia.SUBMITTED JULY 9, 1979. DECIDED DECEMBER 3, 1979. SMITH, Judge. Appellant was found guilty of two counts of armed robbery, the jury necessarily rejecting his defense based on misidentification and alibi. Appellant asserts that both constitutional and non-constitutional error was committed by the trial […]

300 S.E.2d 208 MICKLE v. THE STATE. 65412.Court of Appeals of Georgia. DECIDED JANUARY 26, 1983. DEEN, Presiding Judge. Frank Theodore Mickle, III, was indicted for armed robbery. After a trial by a jury, he was found guilty of robbery by intimidation, a lesser included offense. Appellant’s appointed counsel has filed a motion in this […]

513 S.E.2d 249 ELLIOTT v. MCDANIEL. A98A2433.Court of Appeals of Georgia. DECIDED: FEBRUARY 26, 1999 — RECONSIDERATION DENIED MARCH 10, 1999 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. On March 18, 1996, plaintiff-appellee Jerry C. McDaniel, Sr. (“McDaniel”) obtained a judgment against his former business partners, defendant-appellant Jerry Ann Elliott, her former husband, defendant James […]

366 S.E.2d 844 COLE v. THE STATE. 75776.Court of Appeals of Georgia. DECIDED MARCH 7, 1988. SOGNIER, Judge. Appellant was convicted of theft by taking and he appeals. 1. In this first two enumerations of error appellant contends the evidence is not sufficient to support the verdict. The evidence disclosed that on June 28, 1986, […]

331 S.E.2d 64 TRUITT v. THE STATE. 70137.Court of Appeals of Georgia. DECIDED MAY 1, 1985. DEEN, Presiding Judge. The appellant, Richard Truitt, was convicted of burglary, for which he received a sentence of 3 years’ imprisonment followed by 9 years’ probation. The record shows that on the morning of December 20, 1981, after a […]

296 S.E.2d 91 KEEN v. THE STATE. THOMPSON v. THE STATE. 64554, 64555.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1982. REHEARING DENIED OCTOBER 22, 1982. POPE, Judge. Richard C. Keen and Paul J. Thompson here appeal their convictions of trafficking in marijuana. The material facts are summarized below. On June 1, 1980 the GBI […]

705 S.E.2d 692 SMITH v. BANK OF AMERICA, N.A. No. A11A0426.Court of Appeals of Georgia. DECIDED JANUARY 20, 2011 MILLER, Presiding Judge. Appellant Vivian H. Smith, pro se, has filed a timely appeal from a dispossessory order. For this Court to address the merits of the instant appeal, however, we must have a sufficient record […]

496 S.E.2d 922 BLACKWELL v. THE STATE. A97A1832.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1998 — CERT. APPLIED FOR. SMITH, Judge. Linton Blackwell appeals from the trial court’s denial of his plea of former jeopardy. We conclude that the trial court correctly denied the plea because neither Blackwell’s Fifth and Fourteenth Amendment rights under […]

359 S.E.2d 10 JOHNSON v. AUTO/MEND, INC. et al. 74595.Court of Appeals of Georgia. DECIDED JUNE 16, 1987. BANKE, Presiding Judge. On March 23, 1984, Johnson entered into a 5-year contract of employment with Auto/Mend, Inc., a Georgia corporation, to serve as its president and chief executive officer. The agreement provided that the relationship could […]

72 S.E.2d 540 AYCOCK v. COPELAND MOTOR COMPANY INC. 34120.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1952. REHEARING DENIED SEPTEMBER 17, 1952. CARLISLE, J. 1. Where, in a dispossessory-warrant proceeding, brought by a lessor, under a written lease for years, against the lessee for failure to pay rent, the lessee in its counter-affidavit defended […]

429 S.E.2d 100 GETTY v. THE STATE. A92A2417.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1993. RECONSIDERATION DENIED MARCH 11, 1993. BEASLEY, Judge. Getty was indicted as a recidivist and charged with armed robbery (OCGA § 16-8-41 (a)), and burglary (OCGA § 16-7-1). He was convicted by a jury of the former offense and pled […]

484 S.E.2d 75 LEARY v. JULIAN. A96A2482.Court of Appeals of Georgia. DECIDED MARCH 13, 1997. SMITH, Judge. This appeal requires us to harmonize two lines of precedent to determine whether the open court announcement of a settlement agreed to by the parties prevents a plaintiff from exercising the right to voluntarily dismiss a claim under […]

22 S.E.2d 656 FOSTER v. THE STATE. 29725.Court of Appeals of Georgia. DECIDED OCTOBER 29, 1942. Denial of a new trial after conviction of violating the prohibition law was error. DECIDED OCTOBER 29, 1942. Violating liquor law; from Carrollton city court — Judge Boykin. May 2, 1942. Willis Smith, for plaintiff in error. Earl Staples, […]

196 S.E.2d 878 ALLEN v. SEABOARD COAST LINE RAILROAD COMPANY et al. 47734.Court of Appeals of Georgia.SUBMITTED JANUARY 11, 1973. DECIDED FEBRUARY 2, 1973. REHEARING DENIED MARCH 5, 1973. EBERHARDT, Presiding Judge. Benjamin Allen brought suit for personal injuries against Seaboard Coast Line Railroad Company and W. A. Gooch Lumber Company, and at the trial […]

415 S.E.2d 492 BRITT v. THE STATE. A91A1476.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1992. ANDREWS, Judge. Britt and two other defendants were found guilty by a jury of selling cocaine in violation of the Georgia Controlled Substances Act. Britt was also convicted of using a communication facility (a telephone) in the commission of […]

262 S.E.2d 499 FARMER v. PRESSLEY et al. (two cases). 58404, 58405.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 5, 1979. DECIDED OCTOBER 23, 1979. REHEARING DENIED NOVEMBER 14, 1979. CARLEY, Judge. In Case No. 58404, the natural mother appeals from a final order of adoption of her child by the child’s maternal grandparents. In companion Case […]

305 S.E.2d 22 LOCKHART v. THE STATE. 66008.Court of Appeals of Georgia. DECIDED MAY 6, 1983. QUILLIAN, Presiding Judge. The defendant, Carlton Lockhart, appeals his conviction for possession of more than one ounce of marijuana — a violation of the Georgia Controlled Substances Act. On June 17, 1982, Officer Don Woodyard, of the Troup County […]

137 S.E.2d 759 POWELL v. COMMERCIAL TRAVELERS MUTUAL ACCIDENT ASSOCIATION OF AMERICA; and vice versa. 40769, 40770.Court of Appeals of Georgia. DECIDED JUNE 15, 1964. REHEARING DENIED JULY 6, 1964. Where a case is heard by the trial judge without the intervention of a jury this court will not disturb the judgment thus rendered when […]

56 S.E.2d 123 ULEY v. THE STATE. 32527.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1949. 1. Where on the trial of one under indictment for assault with intent to murder, one phase of the evidence, or the defendant’s statement, authorizes the jury to find that the defendant shot and wounded the prosecutor in mutual […]

532 S.E.2d 120 JONES v. THE STATE. A00A0089.Court of Appeals of Georgia. DECIDED: MARCH 21, 2000. BARNES, Judge. Unray Jones was tried for armed robbery and convicted of robbery by intimidation. On appeal he argues that the trial court erred in allowing a state witness who was not on the witness list to testify at […]

61 S.E.2d 842 LOCAL TRADEMARKS INC. v. CHUPP. 33174.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1950. 1. Under none of the possible theories of the nature of the action did the evidence demand a finding for the plaintiff; and the plaintiff having failed to carry the burden of proof under any of the theories […]

62 S.E.2d 396 SOUTHEASTERN CONSTRUCTION COMPANY, for use, etc., v. GLENS FALLS INDEMNITY COMPANY. 32878.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1950. MacINTYRE, P.J. This court in a judgment entered in this case (Southeastern Construction Company v. Glens Falls Indemnity Company, 81 Ga. App. 770, 59 S.E.2d 751), reversed in part and affirmed in […]

31 S.E.2d 61 TURNER v. BOARD OF COUNTY TAX ASSESSORS. 30468.Court of Appeals of Georgia. DECIDED JUNE 7, 1944. REHEARING DENIED JULY 14, 1944. 1. The first notice to the owner of a denial of a homestead exemption held to be void because ambiguous and confusing. The appeal was filed within ten days of the […]

164 S.E.2d 257 NEVILLE v. BUCKEYE CELLULOSE CORPORATION. 43870.Court of Appeals of Georgia.ARGUED SEPTEMBER 5, 1968. DECIDED SEPTEMBER 16, 1968. REHEARING DENIED OCTOBER 2, 1968. HALL, Judge. The defendant appeals from a judgment overruling his motion to dismiss the plaintiff’s complaint which alleged in part: The plaintiff was a wholesale purchaser of soybeans. The defendant […]

549 S.E.2d 787 POOLE v. THE STATE. A01A0819.Court of Appeals of Georgia. DECIDED: JUNE 4, 2001 JOHNSON, Presiding Judge. A jury found Anthony Nathaniel Poole, Jr. guilty of armed robbery.[1] In his sole enumeration of error, Poole contends that the trial court erred in failing to give a charge on the alternate crime of theft […]

492 S.E.2d 739 GRAVITT v. THE STATE. A97A1337.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1997. JOHNSON, Judge. A jury found Charles Edward Gravitt guilty of two counts of cruelty to children and one count each of incest, aggravated child molestation, aggravated sodomy, and sexual battery related to his daughter, and two counts of aggravated […]

274 S.E.2d 680 WALKER v. THE STATE (two cases). 60661, 60662.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1980. DECIDED OCTOBER 28, 1980. REHEARING DENIED NOVEMBER 17, 1980. DEEN, Chief Judge. Jerome Walker brings a pro se appeal in case no. 60661 and his attorney filed an appeal in case no. 60662 following his conviction of […]

238 S.E.2d 269 D. L. W. v. STATE OF GEORGIA. 54353.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1977. DECIDED SEPTEMBER 19, 1977. WEBB, Judge. This is an appeal from an order of commitment in the Juvenile Court of Cobb County resulting from a charge of criminal attempt to commit robbery. The sole enumeration of error […]

30 S.E.2d 811 AYERS v. AETNA CASUALTY SURETY COMPANY et al. 30439.Court of Appeals of Georgia. DECIDED JUNE 9, 1944. REHEARING DENIED JUNE 24, 1944. The court erred in reversing the award of the State Board of Workmen’s Compensation. DECIDED JUNE 9, 1944. REHEARING DENIED JUNE 24, 1944. Appeal; from Richmond superior court — Judge […]

21 S.E.2d 816 ROWE v. THE STATE. 29613.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1942. Denial of a new trial after conviction of operating a lottery was not error. DECIDED SEPTEMBER 15, 1942. Page 7 Certiorari; from Fulton superior court — Judge Moore. February 17, 1942. Russell G. Turner, for plaintiff in error. Bond […]

23 S.E.2d 559 DEPARTMENT OF REVENUE v. WARDLAW. 29541.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1942. REHEARING DENIED DECEMBER 19, 1942. The court erred in sustaining the affidavit of illegality and dismissing the execution. DECIDED DECEMBER 1, 1942. REHEARING DENIED DECEMBER 19, 1942. Illegality of execution; from Walker superior court — Judge Porter. January […]

561 S.E.2d 202 DEKALB COUNTY SCHOOL DISTRICT v. ALLEN A01A2212.Court of Appeals of Georgia. DECIDED: FEBRUARY 27, 2002 MIKELL, Judge. Wendy Allen brought a wrongful death action against DeKalb County School District, its employee, Romeo Henry, and Joey S. Hedgemon after her seven-year-old daughter, Shaniecia Allen (“Shaniecia”), was struck and killed by an automobile driven […]

549 S.E.2d 821 THE STATE v. TODD. A01A0179.Court of Appeals of Georgia. DECIDED: JUNE 5, 2001. JOHNSON, Presiding Judge. Michael Todd was indicted for rape, two counts of attempted aggravated sodomy, and false imprisonment of his wife. Todd moved the trial court to suppress his videotaped statement on the ground that police officers had improperly […]

179 S.E.2d 525 FIDELITY-PHENIX INSURANCE COMPANY et al. v. MAULDIN; and vice versa. 45339, 45340.Court of Appeals of Georgia.SUBMITTED MAY 4, 1970. DECIDED NOVEMBER 18, 1970. REHEARING DENIED DECEMBER 14, 1970. 1. The instant suit on a warden’s bond was not barred by Code Ann. § 3-1004, imposing a 2-year statute of limitation for suits […]

402 S.E.2d 759 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. AINSWORTH. A90A2357.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 1991. REHEARING DENIED FEBRUARY 27, 1991. BIRDSONG, Presiding Judge. Appellant State Farm Mutual Automobile Insurance Company (State Farm) appeals the order of the state court which granted appellee Ann L. Ainsworth’s (Ainsworth) motion for partial summary […]

317 S.E.2d 633 McCARD v. WRIGHT. 68112.Court of Appeals of Georgia. DECIDED MARCH 16, 1984. REHEARING DENIED MARCH 29, 1984. BANKE, Judge. At issue in this appeal is whether our Nonresident Motorist Act (OCGA § 40-12-1 et seq.) permits the exercise of personal jurisdiction over a nonresident motor vehicle owner alleged to be liable under […]

301 S.E.2d 649 REILLY v. MOSLEY. 64983.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1983. REHEARING DENIED FEBRUARY 18, 1983. CARLEY, Judge. Appellant-plaintiff responded to appellee-defendant’s newspaper advertisement offering a 1977 vehicle for sale. Appellant inspected the car, signed an agreement to purchase it “as is,” and paid $200 of the agreed purchase price, the […]

78 S.E.2d 561 HAGOOD v. DIXSON COMPANY. 34858.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1953. A petition to recover damages for the breach of an entire contract which shows that there was no performance or tender of performance of the entire contract was subject to general demurrer. DECIDED OCTOBER 24, 1953. Page 55 Action […]

222 S.E.2d 150 CORR v. AARON RENTS, INC. 51284.Court of Appeals of Georgia.ARGUED OCTOBER 9, 1975. DECIDED NOVEMBER 19, 1975. CLARK, Judge. Was the appellant, a dissenting stockholder, entitled to pre-judgment interest in this litigation on the amount tendered to him by the corporation and which sum was finally ruled to be the true value […]

495 S.E.2d 867 IN THE INTEREST OF R.D.S.P., A CHILD. A97A2438.Court of Appeals of Georgia. DECIDED JANUARY 15, 1998. ANDREWS, Chief Judge. Appellant, the father of R. D. S. P., appeals from the juvenile court’s order terminating his parental rights to his one-year-old son.[1] The father argues on appeal there was insufficient evidence to support […]

304 S.E.2d 526 K-MART CORPORATION v. ANDERSON. 66141.Court of Appeals of Georgia. DECIDED APRIL 27, 1983. DEEN, Presiding Judge. Appellee was injured on May 15, 1979, while working for K-Mart, but she missed only two days of work (in July 1979). On February 7, 1980, she became unable to work because of injury. K-Mart, considering […]

101 S.E.2d 600 UNITED STATES FIDELITY GUARANTY COMPANY et al. v. DOYLE. 36878.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1957. REHEARING DENIED DECEMBER 6, 1957. There was competent evidence on which the State Board of Workmen’s Compensation based its findings of fact and award, and the superior court did not err in affirming such […]

233 S.E.2d 25 FLINT-OCMULGEE DEVELOPMENT CORPORATION v. LILES. 53162.Court of Appeals of Georgia.ARGUED JANUARY 10, 1977. DECIDED JANUARY 31, 1977. STOLZ, Judge. The defendant appeals from an adverse jury verdict and judgment in this action for damage alleged to have resulted from the defendant’s agent’s fraudulent representation that a certain road adjacent to property which […]

559 S.E.2d 759 IN THE INTEREST OF M. E. A. JO-067C A01A1702.Court of Appeals of Georgia. DECIDED: JANUARY 31, 2002. JOHNSON, Presiding Judge. A petition was filed in the DeKalb County Juvenile Court charging that 16-year-old M. E. A. had committed acts that, if committed by an adult, would constitute armed robbery. An adjudicatory hearing […]

265 S.E.2d 341 WILLIAMS v. THE STATE. 59006.Court of Appeals of Georgia.SUBMITTED NOVEMBER 20, 1979. DECIDED FEBRUARY 12, 1980. QUILLIAN, Presiding Judge. Defendant appeals his conviction of a violation of the Georgia Controlled Substances Act. Held: 1. There was sufficient corroboration of the accomplice’s testimony in the testimony of a police officer who saw defendant […]

50 S.E.2d 863 COWART v. SMITH. 32185.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1948. 1. The mere assumption of a debt by a third party is not sufficient to establish novation, but it is essential that an intention to release the first obligor and extinguish his liability should appear; otherwise the assumption of debt […]

315 S.E.2d 669 HEAD v. THE STATE. 67701.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1984. QUILLIAN, Presiding Judge. Defendant appeals his conviction for armed robbery and enumerates as error the general grounds. Held: The state’s evidence was as follows: Just as a McDonald’s restaurant was closing for the evening, two masked men accosted the […]

191 S.E.2d 116 ROBINSON v. THE STATE. 47282.Court of Appeals of Georgia.SUBMITTED JUNE 6, 1972. DECIDED JUNE 14, 1972. HALL, Presiding Judge. Defendant appeals from his conviction for burglary. He contends the court erred both by charging on alibi when he had not set it up as a defense and by giving an incomplete charge […]

710 S.E.2d 816 GRAPEFIELDS, INC. v. KOSBY. NO. A11A0417.Court of Appeals of Georgia. DECIDED MAY 16, 2011. ANDREWS, Judge. As a stockholder of Grapefields, Inc., the Lee S. Kosby Trust (acting by Lee S. Kosby, Trustee) asserted its right under OCGA § 14-2-1602 to inspect and copy Grapefields’ corporate records. After Grapefields failed to respond, […]

329 S.E.2d 595 DREXEL BURNHAM LAMBERT, INC. v. CHAPMAN (two cases). 69328, 69329.Court of Appeals of Georgia. DECIDED MARCH 14, 1985. REHEARING DENIED MARCH 29, 1985. BEASLEY, Judge. Defendant (“Drexel”) appeals from the grant of plaintiffs’ motions for summary judgment on the underlying claims and the denial of its motions for summary judgment on its […]

18 S.E.2d 82 ANTHONY v. CITY OF ATLANTA. 29246.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1941. REHEARING DENIED DECEMBER 17, 1941. The overruling of the certiorari was not error. DECIDED NOVEMBER 29, 1941. REHEARING DENIED DECEMBER 17, 1941. Certiorari; from Fulton superior court — Judge Hendrix. June 26, 1941. Ralph R. Quillian, for plaintiff […]

364 S.E.2d 618 HUMPHREY et al. v. ALVARADO. 75301.Court of Appeals of Georgia. DECIDED JANUARY 5, 1988. POPE, Judge. Plaintiff Elizabeth Anne Humphrey brought this medical malpractice suit on behalf of herself and her infant daughter Phoebe, now Page 487 deceased. Plaintiffs allege negligence in the diagnosis and treatment of Phoebe on the part of […]

592 S.E.2d 470 LUTHER et al. v. WAYNE FRIER HOME CENTER OF TIFTON, INC. A03A2542Court of Appeals of Georgia. DECIDED: DECEMBER 17, 2003 ANDREWS, Presiding Judge. Randall M. Luther and his wife, Shirley F. Luther, appeal from the trial court’s grant of summary judgment to Wayne Frier Home Center of Tifton, Inc. (Home Center), in […]

186 S.E.2d 506 LEONARD v. OWEN. 46484.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1971. DECIDED OCTOBER 21, 1971. REHEARING DENIED NOVEMBER 16, 1971. DEEN, Judge. 1. If a paper calculated to influence a jury in favor of the prevailing party which was not introduced in evidence goes to and is considered by them while deliberating […]

693 S.E.2d 830 SPIVEY v. SMITH et al. SMITH et al v. SPIVEY. A09A2011, A09A2012Court of Appeals of Georgia, Fourth Division. DECIDED: MARCH 2, 2010 SMITH, Presiding Judge. These companion cases relate to a boundary line dispute between Leon Spivey and the trustees of Red Bluff Church (“the Church”). In Case No. A09A2011, Spivey appeals […]

382 S.E.2d 435 WHITE v. THE STATE. A89A0298.Court of Appeals of Georgia. DECIDED APRIL 3, 1989. DEEN, Presiding Judge. The appellant, Maurice White, was convicted of two counts of armed robbery. The evidence showed that on October 20, 1987, two Page 229 employees at a Turtle’s record store were robbed by two men, one of […]

592 S.E.2d 438 ANDREWS v. STARK. A03A1968Court of Appeals of Georgia. DECIDED: DECEMBER 16, 2003 SMITH, Chief Judge. Susie Andrews brought suit against Rondalea Stark to recover damages for injuries resulting from a motor vehicle collision that occurred in Coffee County on September 13, 1999. The trial court granted Stark’s motion to dismiss the complaint […]

635 S.E.2d 864 NEAL v. THE STATE. No. A06A1162.Court of Appeals of Georgia. DECIDED AUGUST 24, 2006. BARNES, Judge. Jason Arthur Neal appeals his conviction for DUI. Neal contends that the trial court erred in denying his motion to suppress the certificates of inspection based upon the violation of his constitutional right to confront witnesses […]

486 S.E.2d 717 GRANT v. THE STATE. A97A0808.Court of Appeals of Georgia. DECIDED MAY 20, 1997. ANDREWS, Chief Judge. Charles Jerome Grant appeals from the judgment entered on a jury verdict finding him guilty of robbery by sudden snatching. Grant contends the evidence was insufficient to support the verdict. For the reasons which follow, we […]

633 S.E.2d 454 IN THE INTEREST OF S. L. E. et al., children. No. OA05A2249.Court of Appeals of Georgia. DECIDED JUNE 26, 2006. PHIPPS, Judge. The father of S. L. E. and K. R. E. appeals a juvenile court order terminating reunification services, denying his motion for reunification, and extending temporary custody in the children’s […]

235 S.E.2d 421 BRUNO v. THE STATE. 56983.Court of Appeals of Georgia.SUBMITTED JANUARY 15, 1979. DECIDED FEBRUARY 9, 1979. QUILLIAN, Presiding Judge. The defendant appeals his conviction of the offense of rape Held: 1. Defendant’s enumerations of the general grounds are without merit. There was evidence of forced entry into the building, outcry during the […]

191 S.E.2d 351 SPEARMAN et al. v. SOUTHEASTERN HIGHWAY CONTRACTING COMPANY et al. 47253.Court of Appeals of Georgia.ARGUED JUNE 5, 1972. DECIDED JUNE 22, 1972. QUILLIAN, Judge. This is the second appearance of this case in this court. See Spearman v. Southeastern Hwy. Contr. Co., 125 Ga. App. 85 (186 S.E.2d 484). The only issue […]

426 S.E.2d 59 IN THE INTEREST OF J. M., a child. A92A1515.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1992. ANDREWS, Judge. Kathy Foust, the mother of J. M., appeals the termination of her parental rights by the juvenile court. Termination of parental rights is done based only on clear and convincing evidence. Blackburn v. […]

318 S.E.2d 721 DRAKE v. THE STATE. 67750.Court of Appeals of Georgia. DECIDED MAY 7, 1984. CARLEY, Judge. Appellant was indicted for two counts of theft by taking. Separate nolle prosequi orders were subsequently entered as to each count of the indictment. Appellant then filed a motion in that criminal case seeking an order from […]

363 S.E.2d 634 DANIEL v. THE STATE. 75710.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1987. DEEN, Presiding Judge. Appellant Jack B. Daniel, Jr. was indicted and tried for one count of armed robbery and two counts of recidivism. Found guilty of all three counts and sentenced to life imprisonment, he appeals from the denial […]

97 S.E.2d 711 ADAMS v. THE STATE. 36414.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1957. REHEARING DENIED MARCH 11, 1957. For the reasons stated in the opinion, the trial court did not err in denying the motion for new trial for any reason assigned therein. DECIDED FEBRUARY 25, 1957 — REHEARING DENIED MARCH 11, […]

390 S.E.2d 601 TAYLOR v. STATE OF GEORGIA (two cases). A89A1804, A89A2047.Court of Appeals of Georgia. DECIDED JANUARY 2, 1990. REHEARING DENIED JANUARY 17, 1990. BANKE, Presiding Judge. On October 5, 1988, the appellant, William T. Taylor, a principal in Taylor Bonding Company, agreed to be held as surety for the appearance Page 246 of […]

224 S.E.2d 812 RELIANCE INSURANCE COMPANIES et al. v. RICHARDSON. 51611.Court of Appeals of Georgia.ARGUED JANUARY 6, 1976. DECIDED FEBRUARY 17, 1976. EVANS, Judge. This is a workmen’s compensation case. Claimant sustained a back injury on April 11, 1973. The last day of employment was April 15, 1973. The employer/insurer provided her with medical treatment, […]

370 S.E.2d 841 ALLISON et al. v. NATIONAL ASSOCIATION FOR THE SELF-EMPLOYED, INC. 76423.Court of Appeals of Georgia. DECIDED JUNE 21, 1988. CARLEY, Judge. A collision occurred between appellant-plaintiff Mrs. Inez Allison’s car and another vehicle. Appellant Mrs. Allison, seeking damages for her physical injuries, and her appellant-plaintiff husband, seeking damages for loss of consortium, […]

426 S.E.2d 43 COLLAR v. THE STATE. A92A0827.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1992. BIRDSONG, Presiding Judge. Richard E. Collar, Jr., appeals his conviction for sexually molesting his daughter. He contends the trial court erred by denying his motion for an independent psychological examination of his daughter, by excluding the testimony of a […]

338 S.E.2d 294 McLEMORE v. THE STATE. 71440.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1985. BANKE, Chief Judge. The appellant was indicted for murder and convicted of voluntary manslaughter based on evidence that he fatally shot a high school classmate inside the school building. On appeal, he contends that the evidence was insufficient to […]

268 S.E.2d 393 McCLURE v. KELLEY et al. 59561.Court of Appeals of Georgia.SUBMITTED MARCH 11, 1980. DECIDED APRIL 11, 1980. McMURRAY, Presiding Judge. On March 23, 1978, plaintiff Mary McClure filed this action in the State Court of Polk County, Georgia, for damages arising from a motor vehicle collision. Plaintiff Mary McClure alleged that defendant […]

273 S.E.2d 421 HUDGINS v. HUDGINS. 60627.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1980. DECIDED OCTOBER 20, 1980. SHULMAN, Judge. Appellant, a resident of Georgia, filed a complaint in superior court seeking enforcement of an Alabama divorce decree. Her complaint was dismissed in an order holding that the Alabama divorce decree was still pending in […]

29 S.E.2d 661 MOTE v. THE STATE. 30368.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1944. REHEARING DENIED MARCH 4, 1944. GARDNER, J. The questions of law and fact in this case are almost identical with those in Day v. State, ante. The opinion in the latter case is controlling on all assignments of error […]

587 S.E.2d 322 NICHOLS v. THE STATE. A03A1205.Court of Appeals of Georgia. DECIDED: SEPTEMBER 17, 2003 JOHNSON, Presiding Judge. Roy Nichols was tried before a jury and convicted of possession of methamphetamine with intent to distribute, possession of marijuana, attempting to elude an officer, and reckless driving.[1] He appeals, challenging the sufficiency of the evidence […]

76 S.E.2d 431 ELDERS v. OVERSTREET. 34623.Court of Appeals of Georgia. DECIDED MAY 14, 1953. The judgment against the principal and the surety on the garnishment dissolution bond was authorized by law and the evidence. DECIDED MAY 14, 1953. Garnishment. Before Judge Price. Tattnall Superior Court. February 4, 1953. H. H. Elders, for plaintiff in […]

393 S.E.2d 64 WEATHERBY et al. v. HONDA MOTOR COMPANY, LTD. et al. A89A2056.Court of Appeals of Georgia. DECIDED MARCH 16, 1990. REHEARING DENIED MARCH 28, 1990. McMURRAY, Presiding Judge. This is a product liability case involving a Honda Model Z50R. This scaled-down off-road motorcycle had been purchased by Jerry Weatherby for the enjoyment of […]

648 S.E.2d 680 THE STATE v. McCLENDON. No. A07A0545.Court of Appeals of Georgia. DECIDED JUNE 22, 2007. RUFFIN, Judge. Luther McClendon was charged with possessing methamphetamine. The trial court granted his motion to suppress the drugs seized from him. The State appeals; however, it has failed to file an enumeration of errors, either separately or […]

644 S.E.2d 434 SIMMONS v. THE STATE. No. A06A2344.Court of Appeals of Georgia. DECIDED MARCH 27, 2007. PHIPPS, Judge. Mona Simmons “a.k.a. Tyra Ro[d]gers a.k.a Tyron Rogers” was convicted of numerous offenses for her roles in defrauding a mortgage company, Cendant Mortgage, in connection with the sales of two houses, 890 Westmont Road and 1443 […]

517 S.E.2d 360 SMITH et al. v. FOLGER. A99A0691.Court of Appeals of Georgia. DECIDED: MAY 4, 1999. McMURRAY, Presiding Judge. Plaintiff Franchester Smith brought this tort action seeking to recover for personal injuries she sustained when defendant Neil J. Folger allegedly “drove his motor vehicle across Highway 441 in a negligent and reckless fashion causing […]

192 S.E.2d 562 LATTEN v. THE STATE. 47394.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1972. DECIDED SEPTEMBER 20, 1972. PANNELL, Judge. The defendant, charged with the possession of marijuana, appeals the judgment of the trial judge overruling the defendant’s motion to suppress the evidence, alleging inter alia, that the information gathered as related in the […]

435 S.E.2d 281 McCLOUD v. THE STATE. A93A0993.Court of Appeals of Georgia. DECIDED AUGUST 20, 1993. McMURRAY, Presiding Judge. Defendant was indicted for burglary (Count 1), aggravated assault (Count 2) and armed robbery (Count 3). The evidence adduced at a jury trial reveals that defendant entered the elderly victim’s motel room via a broken window […]