Category: Georgia Supreme Court Opinions

430 S.E.2d 604 COBB COUNTY KENNESTONE HOSPITAL AUTHORITY v. MARTIN et al. A92A1976.Court of Appeals of Georgia. DECIDED MARCH 8, 1993. RECONSIDERATION DENIED APRIL 1, 1993. BIRDSONG, Presiding Judge. In this suit by appellee Martin, who alleges that he is permanently disabled from an infection acquired at Kennestone Hospital, we granted interlocutory appeal to determine […]

434 S.E.2d 528 SMITH v. THE STATE. A93A0616.Court of Appeals of Georgia. DECIDED JULY 12, 1993. RECONSIDERATION DENIED JULY 28, 1993. COOPER, Judge. Appellant was convicted by a jury of aggravated assault and armed robbery. He appeals from the judgment of conviction and sentence, raising 15 enumerations of error. The evidence reveals that appellant, a […]

302 S.E.2d 112 WAGES et al. v. THE STATE. 65633.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1983. REHEARING DENIED MARCH 2, 1983. QUILLIAN, Presiding Judge. Defendants Janice and Charles Wages, husband and wife, were jointly indicted and tried for theft by taking. The state’s case, in brief, was that Janice Wages, the secretary for […]

293 S.E.2d 719 COLSON v. THE STATE. 64287.Court of Appeals of Georgia. DECIDED JULY 13, 1982. DEEN, Presiding Judge. Gloria S. Colson was convicted of violating the Georgia Controlled Substances Act (possession of heroin). Appellant’s appointed counsel has filed a motion in this court requesting permission to withdraw and, in accordance with Anders v. California, […]

395 S.E.2d 69 JONES v. THE STATE. A90A0380.Court of Appeals of Georgia. DECIDED JUNE 8, 1990. COOPER, Judge. Appellant was convicted by a jury of trafficking in cocaine. OCGA § 16-13-31 (a). On appeal, in addition to the general grounds, appellant enumerates as error the denial of his motion to suppress and the trial court’s […]

308 S.E.2d 215 BEVILL v. NORTH BROTHERS COMPANY et al. 66336.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1983. REHEARING DENIED SEPTEMBER 22, 1983. CARLEY, Judge. In 1980, the now deceased husband of plaintiff-appellant instituted a personal injury action in federal court against twenty-two defendants, all of whom were alleged to be joint tort-feasors. The […]

112 S.E.2d 23 JENKINS, Executor v. MORGAN. 37946.Court of Appeals of Georgia. DECIDED OCTOBER 27, 1959. 1. When a promissory note specifies that a stated sum “without interest” is to be paid on a certain date, the phrase “without interest” refers only to the time between the execution of the note and the date of […]

397 S.E.2d 71 MILLIS v. THE STATE. A90A0840.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1990. COOPER, Judge. Appellant appeals his conviction of armed robbery. 1. In his first enumeration of error, appellant contends the trial court erred in allowing the State to improperly place his character in issue. A review of the record reveals […]

156 S.E.2d 469 ARNOLD et al. v. STATE HIGHWAY DEPARTMENT. 42845.Court of Appeals of Georgia.ARGUED JUNE 12, 1967. DECIDED JUNE 23, 1967. REHEARING DENIED JULY 18, 1967. Under the Special Master Act, Code Ann. Ch. 36-6A, a condemnor is not required to pay the award of the special master into the registry of the court […]

312 S.E.2d 385 PATRICK v. THE STATE. 66903.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1983. REHEARING DENIED DECEMBER 15, 1983. SHULMAN, Chief Judge. Appellant was convicted of armed robbery and now challenges the trial court’s ruling that his confession was voluntarily made without hope of benefit. He contends that his statement was induced by […]

35 S.E.2d 15 BOWERS, administrator, v. FRED W. AMEND CO. 30832.Court of Appeals of Georgia. DECIDED JUNE 21, 1945. REHEARING DENIED JULY 25, 1945. PARKER, J. 1. The court did not abuse its discretion in overruling the motion for continuance, based upon the absence of an alleged material witness, where it was not shown that […]

545 S.E.2d 598 KENT v. DAVID G. BROWN, P.E., INC. A00A2267.Court of Appeals of Georgia. DECIDED: FEBRUARY 9, 2001 JOHNSON, Presiding Judge. In this case we are asked to decide whether OCGA § 13-6-11 authorizes a trial court to award attorney fees and expenses of litigation incurred as a result of defending an appeal after […]

528 S.E.2d 268 ACCOLADES APARTMENTS, L. P. v. FULTON COUNTY et al. INTERNAL REVENUE SERVICE v. FULTON COUNTY et al. A00A0143, A00A0144.Court of Appeals of Georgia. DECIDED: JANUARY 18, 2000. MCMURRAY, Presiding Judge. Condemnor-appellee Fulton County brought its petition for condemnation against condemnee-appellant Accolades Apartments, L.P. (“Accolades”) in connection with certain real property Accolades owned […]

469 S.E.2d 371 PRICKETT v. THE STATE A95A2664Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1996 JOHNSON, Judge. Dean Prickett, Jr., was charged with two counts of rape in that twice on the same day he forced the fifteen year-old babysitter hired by him and his wife to have sexual intercourse with him. Prickett pled […]

129 S.E.2d 92 CHARLESTON WESTERN CAROLINA RAILWAY COMPANY et al. v. HEATH. 39783.Court of Appeals of Georgia. DECIDED OCTOBER 25, 1962. REHEARING DENIED NOVEMBER 15, 1962. CARLISLE, Presiding Judge. Plaintiff’s son, age 10 years, was injured when he rode his bicycle into the side of the fourteenth car of defendant’s freight train which was at […]

325 S.E.2d 610 BREWTON v. ROWELL. et al. 68520.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1984. REHEARING DENIED DECEMBER 19, 1984. BENHAM, Judge. Appellant, a county commissioner, was found to be in contempt of an order of the trial court enjoining the unauthorized use of county equipment and requiring that expenditures of county funds […]

359 S.E.2d 207 RIGG v. NEW WORLD PICTURES, INC. 73672.Court of Appeals of Georgia. DECIDED JUNE 25, 1987. SOGNIER, Judge. New World Pictures, Inc. brought suit against John L. “Jack” Rigg seeking, inter alia, recovery of sums wrongfully converted by Rigg. Rigg counterclaimed asserting he was a partner of New World Pictures and thus was […]

35 S.E.2d 154 JORDAN v. USRY. 30950.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1945. FELTON, J. It was not error for the court to charge the jury as follows: “In other words, gentlemen, the issue in this case is whether Miss Usry is entitled to receive simple rent or whether she is entitled to […]

157 S.E.2d 524 DYKES v. HAMMOCK; and vice versa. 42899, 42900.Court of Appeals of Georgia.ARGUED JUNE 8, 1967. DECIDED SEPTEMBER 8, 1967. REHEARING DENIED SEPTEMBER 28, 1967. QUILLIAN, Judge. 1. The plaintiff filed a petition alleging in part: that the defendant, owner of a used car lot, negligently placed a chain on the pavement in […]

305 S.E.2d 180 BROCK v. THE STATE. 65726.Court of Appeals of Georgia. DECIDED MAY 17, 1983. POPE, Judge. Defendant was accused, tried and convicted of obstruction of an officer and operating a motor vehicle in an unsafe manner. The trial court sentenced him to two consecutive twelve-month terms of confinement. Defendant now appeals, asserting two […]

17 S.E.2d 758 HARRIS v. O’QUINN et al. 29153.Court of Appeals of Georgia. DECIDED NOVEMBER 28, 1941. An ordinary has no authority to authorize an administrator to continue the business of the estate beyond the expiration of the current year. It was therefore not error to direct a verdict against one who applied for appointment […]

25 S.E.2d 430 ATLANTA BANKING COMPANY v. POSTAL TELEGRAPH-CABLE CO. 29995.Court of Appeals of Georgia. DECIDED APRIL 23, 1943. If a telegram is filed containing a proposal to sell flour at $5.20 a barrel, but, by mistake of the telegraph company, the message as delivered incorrectly states the proposal to sell at $5.25 a barrel, […]

462 S.E.2d 166 THOMAS v. THE STATE. A95A0943.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1995. RUFFIN, Judge. A jury convicted Jacqueline Thomas of possession of cocaine in violation of the Georgia Controlled Substances Act. Thomas appeals from her conviction and sentence of 15 years and the denial of her motion for new trial. We […]

225 S.E.2d 73 CARTER v. THE STATE. 51787.Court of Appeals of Georgia.SUBMITTED FEBRUARY 4, 1976. DECIDED FEBRUARY 12, 1976. REHEARING DENIED MARCH 2, 1976. WEBB, Judge. On February 2, 1972, police officers of the City of Columbus went to the home of Johnny B. Carter, also known as Cadillac Fats, and pursuant to two arrest […]

278 S.E.2d 112 SMITH et al. v. AVEMCO INSURANCE COMPANY. 61108.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1981. SHULMAN, Presiding Judge. Plaintiffs-insureds appeal the grant of defendant-insurer’s motion for summary judgment (and the concomitant denial of plaintiffs’ motion). The issue presented on appeal is whether defendant-insurer is liable under plaintiffs’ aircraft policy with defendant […]

395 S.E.2d 859 FRANKLIN et al. v. HENNRICH et al. A90A0677.Court of Appeals of Georgia. DECIDED JUNE 25, 1990. REHEARING DENIED JULY 13, 1990. SOGNIER, Judge. Reba Franklin and James C. Franklin brought suit against Jeffrey Lewis Hennrich and Sarah Heydrick seeking damages for pain and suffering and loss of consortium incurred as the result […]

249 S.E.2d 284 SUMTER COUNTY BOARD OF EDUCATION v. MOSLEY et al. 56124.Court of Appeals of Georgia.ARGUED JUNE 26, 1978. DECIDED SEPTEMBER 12, 1978. REHEARING DENIED OCTOBER 12, 1978. BELL, Chief Judge. The Sumter County Board of Education on July 20, 1977, at a special called meeting, adopted these two motions: “A motion was made […]

59 S.E.2d 278 NATIONAL LIFE ACCIDENT INSURANCE CO. v. HAMBY. 32881.Court of Appeals of Georgia. DECIDED APRIL 28, 1950. WORRILL, J. 1. A petition purporting to set forth a cause of action against an insurance company on a contract of insurance insuring against loss of life and against certain other specified injuries or losses, but […]

270 S.E.2d 686 DUDLEY v. MONSOUR. 59852.Court of Appeals of Georgia.ARGUED MAY 7, 1980. DECIDED JUNE 13, 1980. REHEARING DENIED JULY 14, 1980. BANKE, Judge. The plaintiff appeals a judgment for the defendant in a breach of contract suit brought to collect for services rendered in preparing plans for the renovation of three buildings. The […]

221 S.E.2d 488 HOUSEHOLD FINANCE CORPORATION OF ATLANTA v. RAVEN. 51308.Court of Appeals of Georgia.ARGUED SEPTEMBER 30, 1975. DECIDED NOVEMBER 4, 1975. EVANS, Judge. This case involves a loan made by Household Finance Corp. of Atlanta to Margaret Raven under the Georgia Industrial Loan Act. The loan became in default. Mrs. Raven advised the lender […]

662 S.E.2d 271 ZAPATA v. THE STATE. No. A08A0530.Court of Appeals of Georgia. DECIDED MAY 12, 2008. MILLER, Judge. Following a jury trial, Jesus Zapata was convicted of two counts of child molestation and one count of sexual battery. Zapata filed a motion for new trial, which was denied by the trial court. He now […]

516 S.E.2d 103 CLOYD v. THE STATE. A99A0595.Court of Appeals of Georgia. DECIDED: APRIL 12, 1999 BLACKBURN, Presiding Judge. Dominic Cloyd appeals his conviction of three counts of armed robbery, three counts of aggravated assault, and three counts of kidnapping, following a jury trial. Cloyd contends that the evidence does not support the verdict and […]

241 S.E.2d 49 HOPE v. DeFOREST REALTY, INC. 54725.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1977. DECIDED DECEMBER 5, 1977. BIRDSONG, Judge. Action for commission. On June 3, 1976, appellant signed an exclusive listing contract with appellee broker to sell his home and the tract of land upon which it was situated. The contract provided […]

66 S.E.2d 342 GATES v. THE STATE. 33673.Court of Appeals of Georgia. DECIDED JULY 16, 1951. 1. There being testimony by the person assaulted that the defendant was the person who assaulted her and the jury being authorized to find that he struck her with a brick across the head, there is no merit in […]

100 S.E.2d 597 GRAHAM v. CONTINENTAL CASUALTY COMPANY et al. 36800.Court of Appeals of Georgia. DECIDED OCTOBER 10, 1957. Where a motion to dismiss the writ of error is made on the ground that at the time the bill of exceptions was certified by the trial judge it had not been signed by the plaintiff […]

347 S.E.2d 642 MAYS v. DANIELS et al. 71685.Court of Appeals of Georgia. DECIDED JUNE 24, 1986. REHEARING DENIED JULY 8, 1986. BEASLEY, Judge. The Daniels filed this declaratory judgment action against Mays seeking resolution of a boundary line dispute; a jury returned a verdict for Mays. The trial court, determining that a photograph introduced […]

243 S.E.2d 257 REED v. PIPER et al. 55132.Court of Appeals of Georgia.ARGUED JANUARY 12, 1978. DECIDED FEBRUARY 3, 1978. REHEARING DENIED FEBRUARY 28, 1978. WEBB, Judge. 1. “Where an automobile owner elects not to make repairs to his damaged vehicle, the measure of damages is the difference in market value before and after the […]

209 S.E.2d 674 ROTHSTEIN v. BROOKS. 49639.Court of Appeals of Georgia.ARGUED SEPTEMBER 5, 1974. DECIDED SEPTEMBER 24, 1974. REHEARING DENIED OCTOBER 17, 1974. EBERHARDT, Presiding Judge. Deborah Brooks brought suit in the State Court of DeKalb against Herman Rothstein seeking the recovery of damages to her car resulting from a collision between her car and […]

527 S.E.2d 215 BONDS v. BONDS. A99A1713.Court of Appeals of Georgia. DECIDED: DECEMBER 9, 1999. JOHNSON, Chief Judge. Brendalyn Bonds filed an application for discretionary appeal from an order of the trial court modifying child custody. We granted her application primarily to address her argument that the trial court erred in failing to include in […]

88 S.E.2d 204 MAYESKE v. OWEN. 35693.Court of Appeals of Georgia. DECIDED JUNE 2, 1955. 1. The refusal of the trial court to dismiss an action for lack of jurisdiction is not a proper ground of a motion for new trial. 2. Nor is the denial of a motion for a jury trial a proper […]

288 S.E.2d 320 PARSONS, BRINCKERHOFF, QUADE DOUGLAS, INC. et al. v. JOHNSON. 62895.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1982. REHEARING DENIED MARCH 10, 1982. BIRDSONG, Judge. This is a companion case to Hensel Phelps Constr. Co. v. Johnson, 161 Ga. App. 631 (288 S.E.2d 318). From the jury verdict and judgment against it […]

13 S.E.2d 95 GUTHRIE v. THE STATE. 28765.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1941. BROYLES, C. J. The defendant was convicted in the criminal court of Fulton County of operating a lottery, known as the “number game,” for the hazarding of money. The evidence, direct and circumstantial, contained in the petition for certiorari, […]

104 S.E.2d 623 HOOKS v. THE STATE. 37211.Court of Appeals of Georgia. DECIDED JULY 15, 1958. CARLISLE, Judge. While, in order to secure a conviction of one charged with the offense of operating a motor vehicle on the highways of this State under the influence of intoxicants or drugs, it is incumbent upon the prosecution […]

187 S.E.2d 301 BROWN v. THE STATE. 46770.Court of Appeals of Georgia.SUBMITTED JANUARY 5, 1972. DECIDED JANUARY 18, 1972. CLARK, Judge. Willie Lee Brown was found guilty of burglary by a jury in DeKalb County. He has taken this appeal after the overruling of his motion for new trial. The enumeration of errors includes the […]

433 S.E.2d 703 WILSON v. THE STATE. A93A0196.Court of Appeals of Georgia. DECIDED JULY 13, 1993. SMITH, Judge. Alfred Lee Wilson was convicted of possession of cocaine with intent to distribute, and he appeals from the denial of his motion for new trial. His sole enumeration of error is the failure of the trial court […]

39 S.E.2d 585 SIKES v. FOSTER, Sheriff, et al. 31334.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 1946. REHEARING DENIED OCTOBER 3, 1946. The allegations charging a conspiracy by the defendants to commit an act which was a tort, or to commit lawful acts by methods constituting a tort, in violation of the plaintiff’s legal […]

397 S.E.2d 137 CENTRAL OF GEORGIA ELECTRIC MEMBERSHIP CORPORATION v. MILLS et al. A90A1527.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1990. REHEARING DENIED SEPTEMBER 17, 1990. DEEN, Presiding Judge. The Central of Georgia Electric Membership Corporation (EMC) filed a condemnation petition to secure an easement across a tract of land owned by Roy and […]

141 S.E.2d 121 FRANKLIN et al. v. SEA ISLAND BANK. 41105.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1965. 1. Where the assignee of a note for value agrees with the principal debtor that upon payment of interest it will accept a new note, and thereafter the renewal note not being paid when due, it […]

148 S.E.2d 74 CARTER v. WYATT et al. CARTER v. FREEMAN et al. 41733, 41734.Court of Appeals of Georgia.ARGUED JANUARY 11, 1966. DECIDED JANUARY 28, 1966. REHEARING DENIED MARCH 3, 1966. 1. Where the verdict in a processioning case is not consistent with and cannot be grounded upon any established principle of law relating to […]

212 S.E.2d 502 C S MOTORS, INC. et al. v. DAVIDSON. 49862.Court of Appeals of Georgia.SUBMITTED NOVEMBER 4, 1974. DECIDED FEBRUARY 7, 1975. BELL, Chief Judge. Defendants’ motion for partial summary judgment was denied and certified for review. The motion was addressed only to the portion of the complaint alleging conversion of plaintiff’s automobile by […]

401 S.E.2d 316 BENTLEY v. TSAI. A90A1710.Court of Appeals of Georgia. DECIDED JANUARY 9, 1991. SOGNIER, Chief Judge. Paul Tsai brought suit against Carol Bentley and Howard Bentley seeking to recover, inter alia, damages for the breach of a noncompetition provision in a contract executed by the parties. After a bench trial, judgment was entered […]

498 S.E.2d 139 BROOKS v. THE STATE. A98A0191.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1998. BLACKBURN, Judge. Brian Brooks appeals his conviction of rape, statutory rape, child molestation, and giving a false name to a police officer. The trial court imposed sentence on the rape and false name charges, and held that the remaining […]

268 S.E.2d 74 WELLS v. THE STATE (two cases). 59098, 59099.Court of Appeals of Georgia.SUBMITTED JANUARY 15, 1980. DECIDED APRIL 7, 1980. SMITH, Judge. Edgar F. Wells and his brother, Joseph L. Wells, were convicted of obstruction of officers; Edgar was also convicted of simple battery. Their cases were tried together, and, as the alleged […]

193 S.E.2d 43 BLACKWELL v. LIBERTY MUTUAL INSURANCE COMPANY et al. 47067.Court of Appeals of Georgia.SUBMITTED APRIL 3, 1972. DECIDED SEPTEMBER 6, 1972. REHEARING DENIED SEPTEMBER 27, 1972. STOLZ, Judge. This is an appeal from the superior court’s judgment reversing the award of the deputy director of the State Board of Workmen’s Compensation, who found […]

372 S.E.2d 303 DAN-D, INC. v. BURNSED ENTERPRISES, INC. 76576.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1988. CARLEY, Judge. Appellant-contractor filed suit, seeking to perfect and enforce a materialman’s lien against the real property of appellee-owner. Appellee answered and, in addition, filed a counterclaim wherein it sought to recover liquidated damages for appellant’s breach […]

522 S.E.2d 471 HILL v. DOE. A99A2044.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1999. McMURRAY, Presiding Judge. In this renewal action for uninsured motorist benefits, Progressive Northwestern Insurance Company answered and the case was placed on the March 15, 1999, civil jury calendar. At the call of that calendar, plaintiff Robert Hill did not […]

576 S.E.2d 102 HOFFMAN v. THE STATE. A02A2380.Court of Appeals of Georgia. DECIDED: JANUARY 9, 2003 ELLINGTON, Judge. A Troup County jury convicted Timothy Hoffman of child molestation, OCGA § 16-6-4. He appeals from the denial of his motion for new trial, challenging the court’s admission of several similar transactions, other evidentiary rulings, and the […]

258 S.E.2d 921 ROYLE v. THE STATE. 57725.Court of Appeals of Georgia.ARGUED APRIL 11, 1979. DECIDED SEPTEMBER 4, 1979. SHULMAN, Judge. Defendant was indicted for the offenses of driving under the influence, reckless driving and speeding. Defendant appeals, pro se, the judgment of the trial court entered in accordance with a jury verdict of guilty […]

382 S.E.2d 374 PAUL v. THE STATE. A89A0751.Court of Appeals of Georgia. DECIDED MAY 9, 1989. BANKE, Presiding Judge. The appellant, her sister, and her sister’s live-in boyfriend were jointly indicted and tried for trafficking in cocaine. At trial, the appellant admitted having brought the cocaine in question into the co-defendants’ residence and having kept […]

517 S.E.2d 79 JULIAN v. CITY OF ROME. A99A0366.Court of Appeals of Georgia. DECIDED: APRIL 29, 1999. POPE, Presiding Judge. J. M. Julian fell off his bike while riding through a muddy section of the “Heritage Riverway,” a city-owned walkway in Rome maintained by the Floyd County Parks and Recreation Authority The Riverway runs along […]

303 S.E.2d 757 EQUITABLE GENERAL INSURANCE COMPANY v. JOHNSON. 65619.Court of Appeals of Georgia. DECIDED APRIL 6, 1983. BIRDSONG, Judge. This appeal arises from a complaint pursuant to OCGA § 33-34-6 (Code Ann. § 56-3406b) by Johnson for attorney fees and Page 216 penalties for Equitable’s alleged bad faith failure to pay Johnson’s insurance claims […]

558 S.E.2d 61 BROWN v. THE STATE. A01A1763.Court of Appeals of Georgia. DECIDED: DECEMBER 18, 2001 MILLER, Judge. Davis Brown was sentenced to twenty years after pleading guilty to robbery by intimidation, aggravated assault, and various other offenses. On appeal Brown contends that the trial court erred in accepting his guilty plea since a counselor […]

70 S.E.2d 916 CENTRAL OF GEORGIA RAILWAY COMPANY v. TYSON. 34026.Court of Appeals of Georgia. DECIDED APRIL 19, 1952. REHEARING DENIED MAY 9, 1952. FELTON, J. This case is a companion case to and is controlled by the ruling in Central of Georgia Railway Co. v. Tyson, ante. The plaintiff in the instant case is […]

615 S.E.2d 231 IN THE INTEREST OF J.H. et al., children. A05A0404.Court of Appeals of Georgia. DECIDED MAY 24, 2005. RUFFIN, Chief Judge. The father of J.H. and C.H. appeals the termination of his parental rights to the children. At the time of the hearing, the father was incarcerated and thus not present. In his […]

609 S.E.2d 99 WASHINGTON INTERNATIONAL INSURANCE COMPANY et al. v. HUGHES SUPPLY, INC. A04A1198.Court of Appeals of Georgia. DECIDED OCTOBER 13, 2004. RECONSIDERATION DENIED DECEMBER 15, 2004. PHIPPS, Judge. Hughes Supply, Inc. (Hughes) furnished material and equipment to New South Electric, Inc. (New South) an electrical subcontractor that worked on a construction project on which […]

320 S.E.2d 391 HIGHSMITH v. FILLINGIM et al. 68187.Court of Appeals of Georgia. DECIDED JULY 10, 1984. BENHAM, Judge. Appellant, a disabled and retarded child, brought a medical malpractice suit by and through his next friend and mother against appellees, two obstetricians, and the clinic where they were employed. Appellant alleged, inter alia, that his […]

208 S.E.2d 124 EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY et al. v. WRENN. 49151.Court of Appeals of Georgia.SUBMITTED MARCH 4, 1974. DECIDED JUNE 19, 1974. REHEARING DENIED JULY 5, 1974. BELL, Chief Judge. All parties agreed to the payment of workmen’s compensation which was approved by the board on April 17, 1972. The injury was caused […]

205 S.E.2d 93 VIGILANT INSURANCE COMPANY et al. v. VARNADOE. 49090.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1974. DECIDED FEBRUARY 20, 1974. EBERHARDT, Presiding Judge. There being some evidence to support the award in this workmen’s compensation case, the judgment of the superior court affirming the award of the board is affirmed under the any […]

403 S.E.2d 464 IN THE INTEREST OF K. G. L., a child. A90A1674.Court of Appeals of Georgia. DECIDED MARCH 8, 1991. COOPER, Judge. This appeal arises from a termination of parental rights proceeding initiated by the Georgia Department of Human Resources against the natural parents of K. G. L., a girl born on October 16, […]

126 S.E.2d 531 MEEKS v. LUNSFORD. 39380.Court of Appeals of Georgia. DECIDED MAY 30, 1962. REHEARING DENIED JUNE 14, 1962. 1. Statements of opinions contained in hospital records made in the regular course of business are not admissible in evidence. 2. A litigant, who knows that a municipal ordinance is directly involved and forms a […]

103 S.E.2d 516 HIX v. HEADRICK, Administrator; and vice versa. 37119, 37130.Court of Appeals of Georgia. DECIDED APRIL 23, 1958. 1. “Admissions against interest are such even though they may contain a suggestion that the party making them carries insurance, and the mere fact, that insurance, or an insurance company, is mentioned as an inextricable […]

112 S.E.2d 409 HOME INDEMNITY COMPANY et al. v. HERNLEN. 38000.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1959. REHEARING DENIED DECEMBER 17, 1959. CARLISLE, Judge. The claimant, John P. Hernlen, was an employee of a proprietorship operated by his father under the name of “Wirtz and Hernlen.” The claimant’s father died, and under the […]

217 S.E.2d 304 CITY OF SAVANNAH BEACH v. THOMPSON. 50667.Court of Appeals of Georgia.ARGUED APRIL 30, 1975. DECIDED MAY 9, 1975. REHEARING DENIED JUNE 11, 1975. DEEN, Presiding Judge. The City of Savannah Beach initiated a condemnation action against certain ocean front land belonging to Thompson, under the special master proceedings, Chapter 36-6A. The special […]

17 S.E.2d 243 BREWER v. COMMERCIAL CREDIT COMPANY. 29158.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1941. 1. The court erred in admitting in evidence the contract allegedly signed by the plaintiff, in the absence of his admission that he executed it, and in the absence of the testimony of the two subscribing witnesses or […]

344 S.E.2d 520 IN RE J. M. P. PIRKLE v. DEPARTMENT OF HUMAN RESOURCES. 72057, 72058.Court of Appeals of Georgia. DECIDED APRIL 9, 1986. BIRDSONG, Presiding Judge. Recovery of Public Assistance from Natural Parent. These two cases arise out of the same fact situation. The unfortunate circumstances of this case present a tortuous and circuitous […]

384 S.E.2d 192 OGLESBY v. THE STATE. A89A0403.Court of Appeals of Georgia. DECIDED MAY 23, 1989. REHEARING DENIED JULY 7, 1989. BENHAM, Judge. Appellant was convicted of trafficking in cocaine and possession of a firearm during the commission of a felony. OCGA §§ 16-13-31; 16-11-106 (b). In his sole enumeration on appeal, appellant contends the […]

206 S.E.2d 721 TEEMS v. AETNA CASUALTY SURETY COMPANY et al. 48998.Court of Appeals of Georgia.SUBMITTED JANUARY 8, 1974. DECIDED APRIL 24, 1974. BELL, Chief Judge. The only issue in this workmen’s compensation case is whether the finding of fact that claimant’s injuries did not arise out of and in the course of claimant’s Page […]

359 S.E.2d 707 WORTH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY et al. v. LEHIGH VALLEY INDUSTRIES, INC. 73820.Court of Appeals of Georgia. DECIDED JUNE 29, 1987. REHEARING DENIED JULY 13, 1987. POPE, Judge. In 1967 defendant Lehigh Valley Industries, Inc. built a textile plant in Worth County. Construction of the plant was financed through the sale of […]

591 S.E.2d 374 HARRELL, et al. v. FEDERAL NATIONAL PAYABLES, INC. A03A1213.Court of Appeals of Georgia. DECIDED: NOVEMBER 13, 2003 RUFFIN, Presiding Judge. Federal National Payables, Inc. (FNP) sued Melton and Deborah Harrell (the Harrells), asserting claims under a guaranty agreement. The Harrells counterclaimed, alleging that FNP failed to honor its agreement to provide funding […]

556 S.E.2d 170 WILLIAMS v. THE STATE. A01A1397.Court of Appeals of Georgia. DECIDED: NOVEMBER 2, 2001 BLACKBURN, Chief Judge. Following a jury trial, Joel R. Williams appeals his conviction for driving with a suspended license, driving without a valid license, driving without proof of insurance, fleeing and eluding police officers, reckless driving, criminal damage to […]

473 S.E.2d 181 HILLSIDE ORCHARD FARMS, INC. v. MURPHY ET AL.; AND VICE VERSA. A96A0487, A96A0488.Court of Appeals of Georgia. DECIDED JUNE 18, 1996 — RECONSIDERATION DENIED JULY 8, 1996 — CERT. APPLIED FOR JOHNSON, Judge. This personal injury action arising out of a motor vehicle collision was tried before a jury in the Superior […]

684 S.E.2d 417 WALDROP v. THE STATE (two cases). Nos. A09A1069, A09A1159.Court of Appeals of Georgia. DECIDED OCTOBER 2, 2009. ADAMS, Judge. Following a jury trial, Weldon and Joshua Waldrop, father and son, were convicted of burglary for entering property in Cherokee County with intent to take electrical wiring and copper piping. Weldon was sentenced […]

262 S.E.2d 618 TURNER v. THE STATE. 59026.Court of Appeals of Georgia.SUBMITTED OCTOBER 31, 1979. DECIDED NOVEMBER 15, 1979. McMURRAY, Presiding Judge. Defendant was indicted for the offense of abandonment (wilfully and voluntarily) of his illegitimate child and leaving said child in a dependent condition. He was notified by the clerk of the superior court […]

625 S.E.2d 97 SWAN v. THE STATE. A05A0891.Court of Appeals of Georgia. DECIDED DECEMBER 13, 2005. MIKELL, Judge. Delmer Gene Swan was indicted on charges of possession with intent to distribute methamphetamine and possession of a firearm during the commission of a crime.[1] A Cherokee County jury convicted Swan of the lesser included offense of […]

533 S.E.2d 737 STEWART v. THE STATE. A00A0475.Court of Appeals of Georgia. DECIDED: APRIL 12, 2000. BLACKBURN, Presiding Judge. Following a jury trial, Vincent Stewart appeals his conviction of burglary and aggravated assault, contending that the evidence was insufficient to support the convictions. Because we find the convictions were supported by the evidence at trial, […]

188 S.E.2d 180 AETNA INSURANCE COMPANY et al. v. JONES. 46774.Court of Appeals of Georgia.ARGUED JANUARY 5, 1972. DECIDED JANUARY 20, 1972. REHEARING DENIED FEBRUARY 10, 1972. DEEN, Judge. 1. Findings of fact on which the award in a workmen’s compensation case is based must be supported by testimony. Bituminous Cas. Corp. v. Chambers, 84 […]

537 S.E.2d 782 TAMMY DUNN v. FIVE STAR DODGE-JEEP-EAGLE-MAZDA, INC. A00A1018.Court of Appeals of Georgia. DECIDED: JULY 27, 2000. POPE, Presiding Judge. On March 31, 1995, Dunn filed suit against Five Star Dodge-Jeep-Eagle-Mazda, Inc. and alleged that, by and through its agents, it willfully misrepresented the age of a car that it sold to Dunn. […]

474 S.E.2d 651 REDD v. THE STATE. A96A0908.Court of Appeals of Georgia. DECIDED AUGUST 6, 1996 — RECONSIDERATION DISMISSED AUGUST 23, 1996. Judge Harold R. Banke. Ronnie Lamont Redd was convicted of armed robbery (OCGA § 16-8-41) and sentenced to 20 years in prison. The State’s chief witness, a convenience store cashier, identified Redd as […]

128 S.E.2d 358 COTTON STATES MUTUAL INSURANCE COMPANY v. FIELDS. 39690.Court of Appeals of Georgia. DECIDED OCTOBER 10, 1962. The allegations of the plaintiff’s petition were insufficient to state a cause of action for the reason that the claim for damages upon which the cause of action was predicated was too remote, conjectural, contingent and […]

430 S.E.2d 862 MACK v. THE STATE. A93A0478.Court of Appeals of Georgia. DECIDED APRIL 19, 1993. BEASLEY, Presiding Judge. Mack appeals from his judgment of conviction and sentence for possession of cocaine with intent to distribute, OCGA § 16-13-30 (b). His motion for new trial was denied. His sole enumeration of error is directed at […]

516 S.E.2d 569 SNIDER v. THE STATE. A99A0276.Court of Appeals of Georgia. DECIDED: APRIL 21, 1999. ANDREWS, Judge. Charles Michael Snider appeals from the denial of his motion for new trial after his conviction of guilty but mentally ill for child molestation, invasion of privacy, and cruelty to children. 1. Snider’s third, fourth and fifth […]

11 S.E.2d 512 AMERICAN MUTUAL LIABILITY INSURANCE CO. et al. v. LINDSEY. 28331.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1940. REHEARING DENIED NOVEMBER 20, 1940. GARDNER, J. 1. Under the workmen’s compensation act, where there has been an award by a commissioner under the Code, § 114-707, either party may apply for review by […]

580 S.E.2d 331 GILMER v. STATE. A03A0197.Court of Appeals of Georgia. Decided March 26, 2003. MIKELL, Judge. A Hall County jury convicted Tyrron Tyrone Gilmer of robbery by intimidation and entering an automobile with intent to commit theft. He was sentenced to a total of twenty years, with eight to be served in confinement and […]

142 S.E.2d 424 STATE HIGHWAY DEPARTMENT v. WHITEHEAD et al. 41217.Court of Appeals of Georgia.SUBMITTED MARCH 1, 1965. DECIDED MAY 7, 1965. FELTON, Chief Judge. The questions raised in this appeal are identical to those raised in State Hwy. Dept. v. Respess, 111 Ga. App. 421 (142 S.E.2d 73), and the rulings in that case […]

289 S.E.2d 771 GOGGINS v. THE STATE. 63243.Court of Appeals of Georgia. DECIDED MARCH 10, 1982. BIRDSONG, Judge. Violation of the Controlled Substances Act. Lee Harold Goggins was a co-owner or co-operator of a public recreation facility where beer and wine was sold and pool could be played. On October 10, 1980, police officers at […]

601 S.E.2d 461 TURBEVILLE v. THE STATE. A04A0644.Court of Appeals of Georgia. DECIDED JUNE 24, 2004. MIKELL, Judge. Steven Turbeville was convicted of two counts of aggravated assault and two counts of pointing a gun or pistol at another by a Barrow County jury. Turbeville was sentenced to ten years on each count of aggravated […]

638 S.E.2d 799 SAKS ASSOCIATES, LLC v. SOUTHEAST CULVERT, INC. SOUTHEAST CULVERT, INC. v. SAKS ASSOCIATES, LLC. A06A1606, A06A1607, A06A1608.Court of Appeals of Georgia. DECIDED November 9, 2006. JOHNSON, Presiding Judge. On December 2, 2003, Southeast Culvert, Inc., a supplier of corrugated pipe and other drainage goods, filed a materialman’s claim of lien for $91,824 […]