Category: Georgia Supreme Court Opinions

No. S16A1190. 793 S.E.2d 76 (2016) FEIN v. BESSEN. Supreme Court of Georgia. Decided: October 31, 2016. Counsel: Michael J. Bowers,?Christopher Scott Anulewicz,?Brooke Walker Gram, Balch & Bingham, LLP, 30 Ivan Allen Jr., Boulevard, N.W. Suite, 700, Atlanta, Georgia 30308, for Appellant. Melody P. Bray,?Kaye Woodard Burwell,?Kristen Boyd Williams, Office of the Fulton County Attorney, […]

No. S16A1083. 793 S.E.2d 81 (2016) SHAH v. The STATE. Supreme Court of Georgia. Decided: October 31, 2016. Counsel: Katherine Lynn Dodd, Appellate Division?Georgia Public Defender Standard’s Counsel, 510 W. Lamar St. 2nd Floor, Americus, Georgia 30144, for Appellant. Patricia B. Attaway Burton, Senior A.A.G.,?Paula Khristian Smith, Senior A.A.G.,?Samuel S. Olens, A.G.,?Jason Matthew Rea, Department […]

S16A1071. 792 S.E.2d 665 (2016) CAPPS v. The STATE. Supreme Court of Georgia. Decided: October 31, 2016. Counsel: Waycross Judicial Circuit Defender’s Office, 605 Church Street,?Suite D, Waycross, Georgia 31501, for Appellant. Patricia B. Attaway Burton, Senior A.A.G.,?Paula Khristian Smith, Senior A.A.G.,?Samuel S. Olens, A.G., Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334,?George […]

S16A1070. 792 S.E.2d 672 (2016) BRADSHAW v. The STATE. Supreme Court of Georgia. Decided: October 31, 2016. Counsel: Wendell Rocky Adams, Office of the Public Defender, Dublin, for Appellant. Patricia B. Attaway Burton, Senior A.A.G.,?Matthew Blackwell Crowder, A.A.G.,?Paula Khristian Smith, Senior A.A.G.,?Samuel S. Olens, A.G., Department of Law, Atlanta,?Stephen A. Bradley, District Attorney, Ocmulgee Judicial […]

137 S.E.2d 570 McKINNEY v. PITTS. 40758.Court of Appeals of Georgia. DECIDED JUNE 19, 1964. EBERHARDT, Judge. This was a personal injury action arising out of an auto-truck collision. The jury found for the defendant. The plaintiff moved for a new trial on the general grounds and three special grounds. The motion was overruled and […]

251 S.E.2d 55 ANDERSON v. SOUTHEASTERN CAPITAL CORPORATION et al. 56790.Court of Appeals of Georgia.ARGUED OCTOBER 17, 1978. DECIDED OCTOBER 30, 1978. REHEARING DENIED NOVEMBER 20, 1978. WEBB, Judge. During the pendency of this suit on a note one of the defendants died and his executrix was substituted as a party defendant; and this is […]

684 S.E.2d 111 MARTIN v. THE STATE. No. A09A1992.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 2009. BLACKBURN, Presiding Judge. Following a jury trial, Kenneth Lanza Martin appeals his conviction on two counts of theft by receiving, [1] challenging the sufficiency of the evidence and arguing that the trial court erred in excluding a misdemeanor […]

64 S.E.2d 460 BROWDER v. COX, for use, et al. 33447.Court of Appeals of Georgia. DECIDED APRIL 6, 1951. REHEARING DENIED APRIL 18, 1951. 1. It appearing from the allegations of the petition that the plaintiff had transferred all of his right, title and interest in the automobile sought to be recovered, and had assigned […]

621 S.E.2d 475 THOMPSON v. THE STATE. A05A1242.Court of Appeals of Georgia. DECIDED AUGUST 31, 2005. RECONSIDERATION DENIED SEPTEMBER 23, 2005. MIKELL, Judge. Charlie B. Thompson, Jr., pleaded guilty in 1999 to rape, burglary, and aggravated sodomy. He was sentenced to a total of 40 years, 20 years in prison followed by 20 years on […]

179 S.E.2d 652 REYNOLDS v. TUFTS. 45656.Court of Appeals of Georgia.ARGUED SEPTEMBER 17, 1970. DECIDED DECEMBER 4, 1970. REHEARING DENIED DECEMBER 18, 1970. HALL, Presiding Judge. Lessor appeals on the general grounds from the judgment awarding plaintiff-leasing agent commissions on rent paid under a new lease contract between lessor and lessee, to which the agent […]

203 S.E.2d 379 BASS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. 47539.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1973. DEEN, Judge. This case was originally appealed to the Court of Appeals from a judgment on the pleadings granted the defendant. This court reversed (Bass v. State Farm Mut. Auto. Ins. Co., 128 Ga. App. […]

150 S.E.2d 365 BANKERS HEALTH LIFE INSURANCE COMPANY v. FRYHOFER. 41981.Court of Appeals of Georgia.ARGUED MAY 4, 1966. DECIDED JUNE 16, 1966. REHEARING DENIED JULY 14, 1966. 1. A verdict based upon evidence that is wholly speculative or conjectural cannot stand. 2. Admission of evidence of a speculative or conjectural nature over objection on that […]

405 S.E.2d 265 FABE v. FLOYD (two cases). A90A2217, A91A0229.Court of Appeals of Georgia. DECIDED MARCH 12, 1991. REHEARING DENIED MARCH 27, 1991. BIRDSONG, Presiding Judge. George Fabe, Insurance Commissioner of the State of Ohio and Liquidator of the American Druggists Insurance Company (“ADIC”), appeals a $450,000 judgment for Maurice L. Floyd on a Yost […]

143 S.E.2d 215 JACKS et al. v. LAMBERT; and vice versa. 41319, 41320.Court of Appeals of Georgia.SUBMITTED MAY 5, 1965. DECIDED MAY 27, 1965. JORDAN, Judge. Following the trial of an action for damages resulting from a rear-end collision, a verdict was rendered for the defendants. The testimony in the record is undisputed that the […]

29 S.E.2d 662 NATIONAL SURETY CORPORATION et al. v. WRIGHT. 30314.Court of Appeals of Georgia. DECIDED MARCH 2, 1944. REHEARING DENIED MARCH 24, 1944. The petition as amended set forth a cause of action against all of the defendants, and the judge of the superior court did not err in overruling the general and special […]

422 S.E.2d 241 CHIP KASSINGER, INC. v. STEIMER et al. A92A0889.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. BEASLEY, Judge. This is another suit involving the construction of the Steimer house. See Steimer v. Northside Bldg. Supply, 202 Ga. App. 843 (415 S.E.2d 688) (1992). In March of 1987, Thomas and Norma Steimer, as […]

13 S.E.2d 27 GIBRALTAR FIRE AND MARINE INSURANCE COMPANY v. LANIER. 28617.Court of Appeals of Georgia. DECIDED JANUARY 20, 1941. 1. Where the parties, by agreement, make a fixed and unqualified limitation for themselves as to the time within which a suit may be brought on a policy of insurance after loss has occurred, they […]

384 S.E.2d 233 BAKER v. J. C. PENNEY CASUALTY INSURANCE COMPANY. A890655.Court of Appeals of Georgia. DECIDED JULY 3, 1989. CARLEY, Chief Judge. On March 13, 1986, appellant-plaintiff was injured in a vehicular Page 135 mishap and, in its capacity as appellant’s no-fault carrier, appellee-defendant was immediately contacted with regard to coverage. However, appellant was […]

391 S.E.2d 33 BURKE COUNTY DIALYSIS CENTER, INC. et al. v. WALTERS. A89A1782.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1990. BEASLEY, Judge. Burke County Dialysis Center, Inc., and Morris, one of its founders, appeal the grant of summary judgment to Walters, who was the other founder of the company. Walters sued the Center and […]

546 S.E.2d 363 WATKINS v. THE STATE. A00A1959.Court of Appeals of Georgia. DECIDED: MARCH 5, 2001. RUFFIN, Judge. A Fulton County grand jury indicted Timothy Watkins for armed robbery and aggravated assault. Following a jury trial, Watkins was convicted of robbery by force and simple assault. On appeal, Watkins contends the trial court erred in […]

315 S.E.2d 920 KLOSTERMAN v. TUDOR et al. 67352.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1984. SHULMAN, Presiding Judge. Appellant brought suit against appellee L. Russell Tudor for alleged fraud and misrepresentation in connection with the sale of certain real estate; and against appellee John A. White, Jr., the attorney who closed the real […]

142 S.E.2d 412 SKENE v. JONES. 41199.Court of Appeals of Georgia.ARGUED MARCH 3, 1965. DECIDED APRIL 28, 1965. BELL, Presiding Judge. The plaintiff Skene sued the defendant Jones for fraud and deceit in the sale of real estate. The petition alleged that Jones made false representations to Skene that one of the offices in the […]

529 S.E.2d 398 DIXON ET AL v. MARTA ET AL. A99A2221.Court of Appeals of Georgia. DECIDED: FEBRUARY 7, 2000. ELLINGTON, Judge. Eric K. Dixon and James Sprowl appeal from the trial court’s order of July 13, 1998 in this suit arising out of Metropolitan Atlanta Rapid Transit Authority’s (MARTA’s) decision to fire them for allegedly […]

12 S.E.2d 479 BITUMINOUS CASUALTY CORPORATION et al. v. WILBANKS. 28363.Court of Appeals of Georgia. DECIDED DECEMBER 20, 1940. The superior court did not err in sustaining the appeal from the award of the Industrial Board. DECIDED DECEMBER 20, 1940. Appeal; from Murray superior court — Judge Mitchell. February 1, 1940. (Application to Supreme Court […]

359 S.E.2d 419 CRENSHAW v. THE STATE. 73779.Court of Appeals of Georgia. DECIDED JULY 2, 1987. CARLEY, Judge. Appellant appeals from the judgment of conviction and sentence entered on a jury verdict finding him guilty of trafficking in cocaine. 1. Agent Paul Markonni of the Federal Drug Enforcement Agency (DEA) was observing passengers deplane at […]

261 S.E.2d 726 SHEFFIELD et al. v. LEWIS et al. 58380.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED OCTOBER 2, 1979. REHEARING DENIED OCTOBER 17, 1979. SHULMAN, Judge. This is an appeal from suit on a note which resulted in a judgment for the defendant Lewis. 1. The appellants enumerate as error the trial […]

151 S.E.2d 882 BOGLE v. ATLANTIC MILLS et al. 42288.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1966. DECIDED SEPTEMBER 28, 1966. REHEARING DENIED OCTOBER 26, 1966. PER CURIAM: Where, as here, only the action, and not the cause of action, is joint, the continued prosecution of the case through verdict and judgment against only one […]

92 S.E.2d 308 RIDLEY v. THE STATE. 36089.Court of Appeals of Georgia. DECIDED MARCH 15, 1956. GARDNER, P. J. 1. On the trial of one accused of the possession of non-tax-paid liquor the presumption that whisky found in a man’s house belongs to him is a legal presumption, proof of which is sufficient to make […]

109 S.E.2d 854 HARRISON et al. v. REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA. 37638.Court of Appeals of Georgia. DECIDED JUNE 15, 1959. REHEARING DENIED JULY 1, 1959. 1. It is error requiring the grant of a new trial to deny a party the right to cross-examine witnesses as to vital issues concerning which they […]

257 S.E.2d 46 WEATHERS et al. v. THE STATE. 57367.Court of Appeals of Georgia.SUBMITTED MARCH 12, 1979. DECIDED APRIL 13, 1979. BIRDSONG, Judge. Withdrawal of guilty plea. Jimmy Dwight Weathers and Mary Charlene Weathers, husband and wife, entered a plea of guilty to a charge of receiving stolen property and were sentenced to serve two […]

505 S.E.2d 562 ZEBLEY v. THE STATE. A98A1847.Court of Appeals of Georgia. DECIDED AUGUST 18, 1998 ELDRIDGE, Judge. Deserae Dawn Zebley appeals from a Lowndes County trial court’s order of restitution. Zebley was charged with one count of robbery and one count of aggravated assault. She entered a non-negotiated plea of guilty to both counts. […]

578 S.E.2d 134 CROWE v. THE STATE A03A0463.Court of Appeals of Georgia. Decided February 6, 2003 ELDRIDGE, Judge. A Rockdale County jury found Jerry Lewis Crowe guilty of two counts of misdemeanor, second degree vehicular homicide, which charges arose when Crowe backed his flatbed wrecker truck onto Highway 20 in Conyers, striking an oncoming vehicle […]

540 S.E.2d 626 UPSON COUNTY HOSPITAL, INC. v. HEAD. A00A1601.Court of Appeals of Georgia. DECIDED: OCTOBER 13, 2000 JOHNSON, Chief Judge. This is an appeal from the trial court’s order denying Upson County Hospital’s motion to dismiss Carolyn Head’s amended complaint. The question presented is two-fold: first, whether Head was required to file an expert […]

630 S.E.2d 886 COLP et al. v. FORD MOTOR COMPANY. A06A0816.Court of Appeals of Georgia. DECIDED MAY 10, 2006. MIKELL, Judge. Nancy Colp (“Colp”) and her since-deceased husband, Leonard Eugene Colp (“Leonard”), filed a products liability action in 1996[1] alleging that Ford Motor Company (“Ford”) defectively designed a sliding door on an Aerostar minivan. The […]

21 S.E.2d 814 THOMAS v. THE STATE. 29727.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1942. BROYLES, C. J. The accused was convicted of possessing non-tax-paid whisky. The evidence amply authorized the verdict, and the court did not err in overruling the motion for new trial which contained only the usual general grounds. Judgment affirmed. […]

108 S.E.2d 823 AETNA CASUALTY SURETY COMPANY et al. v. PULLIAM. 37550.Court of Appeals of Georgia. DECIDED APRIL 8, 1959. 1. Since the death certificate tendered in evidence was not completed in accordance with Code (Ann.) § 88-1116, that certificate is not prima facie evidence of the facts stated therein. 2. The evidence authorized the […]

236 S.E.2d 898 WINSLETT v. TWIN CITY FIRE INSURANCE COMPANY et al. 53192.Court of Appeals of Georgia.ARGUED JANUARY 17, 1977. DECIDED JUNE 27, 1977. SMITH, Judge. Winslett was injured while operating a crane at a job site. He brought suit against several parties; this case involves the job superintendent, Greene, as defendant. Greene moved for […]

203 S.E.2d 864 HOWARD v. THE STATE. 48724.Court of Appeals of Georgia.SUBMITTED NOVEMBER 8, 1973. DECIDED JANUARY 8, 1974. PANNELL, Judge. The appeal in this case was entered pending a motion for new trial without a proper certificate of review. The appeal being premature must be dismissed. Appeal dismissed. Eberhardt, P. J., and Stolz, J., […]

320 S.E.2d 854 DREXLER v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY. 67957.Court of Appeals of Georgia. DECIDED JULY 11, 1984. REHEARING DENIED JULY 24, 1984. SOGNIER, Judge. Cheryl Drexler sued Georgia Farm Bureau Mutual Insurance Company (Georgia Farm Bureau) seeking to recover additional optional personal injury protection (PIP) benefits under a motor vehicle insurance policy. […]

336 S.E.2d 612 ROSSHIRT et al. v. CINCINNATI INSURANCE COMPANY; and vice versa. 70421, 70422.Court of Appeals of Georgia. DECIDED OCTOBER 23, 1985. CARLEY, Judge. In March of 1983, Charles and Marlene Rosshirt instituted the instant action against Cincinnati Insurance Company (Cincinnati). The Rosshirts’ complaint invoked the then-recent decision i Flewellen v. Atlanta Cas. Co., […]

167 S.E.2d 366 GAINES v. WOLCOTT. 43991.Court of Appeals of Georgia.ARGUED OCTOBER 7, 1968. DECIDED FEBRUARY 21, 1969. REHEARING DENIED MARCH 6, 1969. The complaint of the unmarried, minor plaintiff stated a tort claim against a chiropractor for damages for her injuries, resulting from an illegal abortion operation performed upon her by him with her […]

280 S.E.2d 842 WHEELER v. DORSEY. 61458.Court of Appeals of Georgia. DECIDED MAY 1, 1981. BIRDSONG, Judge. Appellant Wheeler’s appeal arises from a judgment against him on a promissory note executed by the appellee Dorsey in partial payment of the purchase by Dorsey of a used car from Wheeler. Dorsey answered denying the indebtedness and […]

174 S.E.2d 182 HARPER v. BALLENSINGER. 45112.Court of Appeals of Georgia.ARGUED FEBRUARY 3, 1970. DECIDED FEBRUARY 24, 1970. REHEARING DENIED MARCH 13, 1970. EBERHARDT, Judge. Jean H. Ballensinger brought an action against her father, C. H. Harper, in DeKalb Superior Court alleging that her mother had died and that the interest and welfare of her […]

651 S.E.2d 544 CARTER v. THE STATE. No. A07A0859.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 2007. RUFFIN, Judge. Following a jury trial, Julian Carter was convicted often misdemeanor counts of child abandonment. Carter appeals, challenging the sufficiency of the evidence. We find the evidence sufficient and affirm. Page 464 When reviewing a defendant’s challenge […]

320 S.E.2d 615 WORRELL v. THE STATE. 68061.Court of Appeals of Georgia. DECIDED JULY 12, 1984. BENHAM, Judge. Appellant, Carl Joseph Worrell, was convicted by a jury in the Superior Court of Chatham County of voluntary manslaughter, and sentenced to 20 years. The evidence authorized the jury to find that on July 13, 1981, around […]

479 S.E.2d 410 HARDING v. GEORGIA GENERAL INSURANCE COMPANY. A96A2192.Court of Appeals of Georgia. DECIDED NOVEMBER 27, 1996 — RECONSIDERATION DENIED DECEMBER 12, 1996 — CERT. APPLIED FOR. ELDRIDGE, Judge. Appellants Jason Harding (“Jason”) and his mother, Linda Harding, challenge the trial court’s granting of appellee’s motion for summary judgment on a petition for declaratory […]

121 S.E.2d 38 MEADOWS v. CITY OF EAST POINT. 38916.Court of Appeals of Georgia. DECIDED JUNE 27, 1961. FRANKUM, Judge. A petition for a writ of certiorari to review a judgment of the Recorder’s Court of the City of East Point, which did not contain, or have accompanying it, an affidavit that the petition was […]

521 S.E.2d 401 THE STATE v. LONG. A99A1246.Court of Appeals of Georgia. DECIDED: JULY 29, 1999. ELDRIDGE, Judge. The State appeals from a Houston County State Court order granting Nathan Baxter Long’s motion to suppress the results of his urine test which showed positive for the presence of marijuana. On June 20, 1997, Houston County […]

367 S.E.2d 84 GOLDSBY v. THE STATE. 75125.Court of Appeals of Georgia. DECIDED MARCH 3, 1988. McMURRAY, Presiding Judge. Defendant was indicted for possession of cocaine with intent to distribute and possession of marijuana, in violation of the Georgia Controlled Substances Act. The evidence adduced at trial was as follows: At about 1:30 p. m. […]

448 S.E.2d 274 JOHNSON v. THE STATE. A94A2167.Court of Appeals of Georgia. DECIDED AUGUST 26, 1994. BLACKBURN, Judge. Following a trial by jury, the appellant, Lewis Leon Johnson, Jr., was found guilty of two counts of child molestation and was acquitted of three counts of child molestation. His motion for new trial was denied by […]

138 S.E.2d 685 THOMAS et al. v. ADRIAN FINANCE CORPORATION. 40830.Court of Appeals of Georgia. DECIDED OCTOBER 6, 1964. JORDAN, Judge. This was a suit on a note. The defendants filed an answer and cross action in which they attempted to assert the defense of material alteration, a plea of usury and a cause of […]

545 S.E.2d 370 BROUGHTON v. JOHNSON. A00A2461.Court of Appeals of Georgia. FEBRUARY 5, 2001. ELLINGTON, Judge. Lenorris Johnson, as administrator of the estate of Arthur James Johnson, Sr., sued Vickie D. Broughton for costs and other damages associated with building a house. Johnson claimed that the decedent acted as general contractor during the construction of […]

127 S.E.2d 330 BANISTER et al. v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. 39606.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1962. RUSSELL, Judge. 1. “A material amendment to a petition reopens the entire petition to demurrer, and where the demurrer, Page 508 instead of renewing all grounds of demurrer therefore filed, merely renews specified […]

419 S.E.2d 747 CARTER et al. v. MYERS et al. A92A0263.Court of Appeals of Georgia. DECIDED JUNE 8, 1992. COOPER, Judge. This appeal arises out of a dental malpractice action filed by appellants. Page 499 Appellants appeal from the trial court’s grant of partial summary judgment to defendants on the issue of punitive damages. Appellants, […]

93 S.E.2d 775 ARNOLD v. THE STATE. 36256.Court of Appeals of Georgia. DECIDED JULY 9, 1956. The judgment is reversed because of the court’s failure to charge as shown in the body of the opinion. DECIDED JULY 9, 1956. Robbery by intimidation. Before Judge Harrison. Chatham Superior Court. April 2, 1956. B. P. Arnold was […]

94 S.E.2d 612 ATLANTA GAS LIGHT COMPANY v. BROWN (two cases). 36283, 36284.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1956. Where, properly construed most strongly against the pleaders, the petitions affirmatively show that by the exercise of ordinary care their deceased son could have avoided the consequences of the alleged negligence of the defendant […]

373 S.E.2d 388 LATHAN v. THE STATE. 77356.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1988. DEEN, Presiding Judge. The appellant, Clifford Lathan, was arrested for trafficking in cocaine, after a search of the vehicle he was driving revealed approximately 2 kilos of cocaine, and he has remained incarcerated since his arrest. Following a hearing, […]

618 S.E.2d 704 RABY v. THE STATE. A05A1515.Court of Appeals of Georgia. DECIDED JULY 27, 2005. BARNES, Judge. Paul Raby appeals from his convictions of driving without a license and driving under the influence of alcohol to the extent he was a less safe driver, contending insufficient evidence supports them. For the reasons that follow, […]

216 S.E.2d 703 CARNES v. MOBLEY’S TIRE RECAP SERVICE, INC. 50512.Court of Appeals of Georgia.ARGUED APRIL 7, 1975. DECIDED MAY 29, 1975. BELL, Chief Judge. This is a suit on an open account. At the conclusion of the evidence, plaintiff’s motion for a directed verdict was granted. Page 914 It is uncontradicted that in May […]

346 S.E.2d 91 WHITE v. THE STATE. 71765.Court of Appeals of Georgia. DECIDED JUNE 3, 1986. BEASLEY, Judge. Defendant was indicted for murder (OCGA § 16-5-1) but was convicted by a jury of voluntary manslaughter (OCGA § 16-5-2 (a)). His amended motion for new trial was denied. Although defendant was originally represented on appeal by […]

332 S.E.2d 333 MERZ et al. v. PROFESSIONAL HEALTH CONTROL OF AUGUSTA, INC. 70101.Court of Appeals of Georgia. DECIDED MAY 31, 1985. REHEARING DENIED JUNE 12, 1985. SOGNIER, Judge. Oscar and Johanna Merz brought suit against Professional Health Control of Augusta, Inc. (PHC) under various tort theories to recover damages which allegedly resulted when PHC […]

262 S.E.2d 540 IN RE MULLINIX. 58145.Court of Appeals of Georgia.SUBMITTED JULY 9, 1979. DECIDED NOVEMBER 7, 1979. SMITH, Judge. Appellant, a married woman with a minor child, filed a petition in the Superior Court of Floyd County for a change of name. See Code § 79-501. Appellant desires to have her maiden name restored, […]

596 S.E.2d 749 TOTINO v. THE STATE. A04A0171.Court of Appeals of Georgia. DECIDED MARCH 15, 2004. RUFFIN, Presiding Judge. A jury found Nicholas Joseph Totino guilty of driving under the influence of alcohol to the extent that he was less safe to drive, driving while having an alcohol concentration of 0.10 grams or more (a […]

513 S.E.2d 287 TODD v. THE STATE. A98A2446.Court of Appeals of Georgia. DECIDED: MARCH 3, 1999. RUFFIN, Judge. On January 7, 1994, Thomas Todd pled guilty to seven counts of burglary and to possession of a firearm by a convicted felon. The trial court sentenced Todd to twelve years on probation for the burglary charges […]

221 S.E.2d 208 VINEYARD VILLAGE-GEORGIA, INC. et al. v. CRUM et al. 50923.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 8, 1975. DECIDED OCTOBER 7, 1975. REHEARING DENIED OCTOBER 24, 1975. STOLZ, Judge. Arby’s, Inc. (Arby’s) was a tenant of Crum under a 1968 20-year lease. The business on the premises was operated by Arby’s franchisee and […]

211 S.E.2d 399 HUNT v. THE STATE. 49939.Court of Appeals of Georgia.SUBMITTED NOVEMBER 7, 1974. DECIDED DECEMBER 2, 1974. DEEN, Presiding Judge. Under the stipulation of facts attached to this record in lieu of a transcript of evidence it appears that a state trooper stopped an automobile with three passengers and arrested the driver for […]

30 S.E.2d 426 FLINT RIVER COTTON MILLS v. COLLEY. 30393.Court of Appeals of Georgia. DECIDED MAY 24, 1944. REHEARING DENIED JUNE 9, 1944. Rulings on demurrer to petition in two counts for damages for death of child from fall into well are stated in the syllabus opinion by the court. DECIDED MAY 24, 1944. REHEARING […]

26 S.E.2d 297 RAINEY v. EATONTON CO-OPERATIVE CREAMERY INC. 29933.Court of Appeals of Georgia. DECIDED JUNE 17, 1943. 1. “A garnishment proceeding is a distinct suit against a separate party and for an entirely new cause of action.” 2. If the defendant in execution gives a dissolution bond in a garnishment proceedings, such a bond […]

469 S.E.2d 763 QUICKTRIP CORPORATION v. CHILDS A95A1920Court of Appeals of Georgia. DECIDED MARCH 6, 1996 RUFFIN, Judge. Butch Childs sued Quicktrip Corporation (“Quicktrip”) for injuries he sustained when he slipped and fell on an ice patch in Quicktrip’s parking lot. The jury returned a verdict in favor of Childs, and Quicktrip filed motions for […]

630 S.E.2d 112 LOTUS PROPERTY DEVELOPMENT, LLC v. GREER et al. A05A1835.Court of Appeals of Georgia. DECIDED MARCH 30, 2006. RECONSIDERATION DENIED APRIL 13, 2006. ELLINGTON, Judge. Lotus Property Development, LLC, appeals from the trial court’s grant of summary judgment to property owners Robert Greer, William Greer, and the Greer Family Limited Partnership (collectively, “the […]

385 S.E.2d 132 SMITH v. TRAVIS PRUITT ASSOCIATES; and vice versa. A89A1567, A89A1568.Court of Appeals of Georgia. DECIDED JULY 13, 1989. REHEARINGS DENIED JULY 26, 1989. DEEN, Presiding Judge. Appellee/cross-appellant Travis Pruitt Associates, P. C. (Pruitt), was engaged by appellant/cross-appellee Roswell Properties, Inc. (Roswell), of which appellant/cross-appellee Smith is president, to do professional engineering and […]

252 S.E.2d 16 LORD et al. v. COMMERCIAL PAINTING COMPANY. 56591.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 20, 1978. DECIDED JANUARY 5, 1979. SHULMAN, Judge. In an action for rent, a directed verdict was entered in favor of the landlord for the full amount sought. We affirm Page 602 the judgment. In two related enumerations of […]

6 S.E.2d 82 GRAHAM v. GUARANTY LIFE INSURANCE CO. 27716.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1939. The petition as finally amended set out a cause of action and the sustaining of the general demurrer was error. However, several of the special demurrers were good and were properly sustained. DECIDED DECEMBER 1, 1939. Complaint […]

194 S.E.2d 588 DuVALL v. NEXSEN et al. 47614.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1972. DECIDED DECEMBER 1, 1972. QUILLIAN, Judge. This is a companion case to Shank v. Nexsen, 127 Ga. App. 684. 1. The overruling of the motion for a mistrial was not error. The jury was instructed to disregard the inadmissible […]

391 S.E.2d 453 SMITH v. ODOM. A89A1790.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1990. COOPER, Judge. This appeal arises out of an automobile accident which occurred when appellee, travelling north from an exit ramp, attempted to cross a multi-lane highway and was struck by appellant’s car, which was travelling east. Appellant brought suit to […]

316 S.E.2d 573 DAVIS et al. v. THE STATE. 67239.Court of Appeals of Georgia. DECIDED MARCH 6, 1984. CARLEY, Judge. Appellants were tried with two other co-defendants for armed robbery. The jury found appellants guilty of robbery by intimidation. Appellants’ motion for new trial was denied. They appeal from the judgments of conviction and sentences […]

16 S.E.2d 120 PETTIGREW v. WILLIAMS, guardian. 28850.Court of Appeals of Georgia. DECIDED JULY 16, 1941. REHEARING DENIED JULY 30, 1941. 1. The bill of exceptions, in which error is assigned on the order of the court disallowing an amendment to the petition, on the direction of a verdict, and on the order overruling a […]

440 S.E.2d 498 DEPARTMENT OF HUMAN RESOURCES v. BRANDENBURG. A93A1722.Court of Appeals of Georgia. DECIDED JANUARY 25, 1994. ANDREWS, Judge. The application to appeal of the Department of Human Resources was granted to consider the trial court’s refusal to issue an income deduction order pursuant to OCGA § 19-6-32. We reverse. A divorce and support […]

484 S.E.2d 766 TANNER v. THE STATE. A97A0323.Court of Appeals of Georgia. DECIDED MARCH 25, 1997. McMURRAY, Presiding Judge. After a bench trial, defendant was convicted of driving under the influence of alcohol to an extent that it was less safe for him to drive in violation of OCGA § 40-6-391 (a) (1). This appeal […]

555 S.E.2d 868 DEAN v. STATE. A01A1709.Court of Appeals of Georgia. DECIDED: OCTOBER 30, 2001 MIKELL, Judge. Michael Lorenzo Dean was convicted of three counts of child molestation by a Gordon County jury. Dean was sentenced to 20 years, 15 of which he was ordered to serve in confinement, with the remainder on probation. On […]

29 S.E.2d 709 SMITH v. TRAVELERS INSURANCE CO. et al; and vice versa. 30350, 30351.Court of Appeals of Georgia. DECIDED APRIL 8, 1944. 1. Where an award was made to the partial dependents of a deceased employee for the full amount permissible under the law, based on the highest proved amount of contribution made by […]

559 S.E.2d 122 SANDERS v. THE STATE. A01A2367.Court of Appeals of Georgia. DECIDED: JANUARY 18, 2002. ELLINGTON, Judge. A Cobb County jury convicted Richard Eugene Sanders of aggravated assault, O.C.G.A. § 16-5-21; and two counts of possession of a firearm by a felon, O.C.G.A. § 16-11-131. Following the denial of his motion for new trial, […]

714 S.E.2d 742 SMITH v. HALL. No. A11A1042.Court of Appeals of Georgia. DECIDED JULY 21, 2011. McFADDEN, Judge. William Dalton Smith, Jr., appeals the trial court’s order enforcing a settlement agreement with Roxanne Hall, the defendant in Smith’s personal injury action. Smith argues that there was no meeting of the minds because in response to […]

535 S.E.2d 511 LIBERTY MUTUAL INSURANCE COMPANY et al. v. JOHNSON et al. A00A0101.Court of Appeals of Georgia. DECIDED: JUNE 7, 2000 MILLER, Judge. The questions on appeal are threefold. First, on a motion to recuse, is the accompanying affidavit legally sufficient where it alleges that the bias of the judge arises from having previously […]

497 S.E.2d 395 TERRY et al. v. COLLINS. A98A0158.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1998. Judge Harold R. Banke. Cindy Michelle Terry, individually and as representative of the estate of Maxine Brown, commenced this negligence action against Meriwether Regional Hospital and Memorial Nursing Home, Robert W. Bowen, M.D., and J. E. Collins, M.D. […]

98 S.E.2d 599 DUKE v. THE STATE. 36660.Court of Appeals of Georgia. DECIDED APRIL 24, 1957. GARDNER, P. J. The defendant was indicted together with Walter Huff, Harry Lee Bickers and George D. Byrne on an indictment which charged him (omitting the formal parts) in that he “then and there, after having broken and entered […]

491 S.E.2d 394 JOHNSTONE v. TOM’S AMUSEMENT COMPANY, INC. A97A1214.Court of Appeals of Georgia. DECIDED AUGUST 5, 1997 — RECONSIDERATION DENIED AUGUST 28, 1997 — CERT. APPLIED FOR. BEASLEY, Judge. Jeffrey Johnstone’s appeal from a permanent injunction is in this court despite Ga. Const. 1983 Art. VI, Sec. VI, Par. III (2). See Saxton v. […]

681 S.E.2d 624 WARNER v. THE STATE. No. A09A1014.Court of Appeals of Georgia. DECIDED JUNE 12, 2009. BLACKBURN, Presiding Judge. Following a jury trial, Ronaldo Warner appeals his conviction of armed robbery[1] and possession of a gun during the commission of a crime.[2] He contends that the trial court erred in denying his motions to […]

258 S.E.2d 234 BROWNING v. THE STATE. 57947.Court of Appeals of Georgia.ARGUED JUNE 11, 1979. DECIDED JUNE 26, 1979. QUILLIAN, Presiding Judge. The defendant appeals his conviction for theft by taking Held: 1. During the presentation of the state’s case the prosecuting attorney questioned the arresting officer as follows: “Q. Did you explain to him […]

393 S.E.2d 724 SAENZ et al. v. ANDRUS. A90A0925.Court of Appeals of Georgia. DECIDED APRIL 23, 1990. BIRDSONG, Judge. Appellants/plaintiffs, Beatrice Saenz and her son, Felix, appeal from the ruling of the superior court granting summary judgment to appellee/defendant, Evy Andrus. Appellant Felix was playing at the home of appellee with appellee’s son, Shane, and […]

271 S.E.2d 29 WATTS v. THE STATE. 60004.Court of Appeals of Georgia.ARGUED JUNE 5, 1980. DECIDED JULY 16, 1980. BANKE, Judge. The appellant was convicted of killing an antlerless deer in violation of Code Ann. § 45-521 and was sentenced to 12 months’ probation and payment of a $350 fine. Held: 1. The appellant contends […]

230 S.E.2d 138 HOSEA v. SOHIO PETROLEUM COMPANY et al. HOSEA v. AMERICAN PETROFINA, INC. et al. 52571, 52572.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 20, 1976. DECIDED OCTOBER 25, 1976. BELL, Chief Judge. In these cases plaintiff, a former employee of the defendants, sought the recovery of severance pay. Summary judgments were granted to each […]

413 S.E.2d 752 ROLADER v. THE STATE. A91A0904.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1991. RECONSIDERATION DENIED DECEMBER 3, 1991. Judge Arnold Shulman. The appellant was charged with one count of aggravated sodomy, one count of aggravated child molestation, and two counts of simple child molestation, all involving his then four-and-one-half-year-old daughter. A jury […]