Category: Georgia Supreme Court Opinions

661 S.E.2d 870 FRANKLIN v. THE STATE. No. A08A0718.Court of Appeals of Georgia. DECIDED APRIL 23, 2008. MlKELL, Judge. Omesimus Franklin was indicted on charges of trafficking in cocaine (Count 1) and possession of tools for commission of a crime (Count 2) by a Chatham County grand jury.[1] Because the amount of cocaine in Franklin’s […]

618 S.E.2d 127 CAUSEY v. THE STATE. A05A1473.Court of Appeals of Georgia. DECIDED JULY 15, 2005. PHIPPS, Judge. At a bench trial, Aaron Causey was convicted of two counts of carrying a concealed weapon, and of one count each of trafficking in cocaine, possession of marijuana with intent to distribute, and possession of a firearm […]

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 […]

419 S.E.2d 64 McALISTER v. THE STATE. A92A0039.Court of Appeals of Georgia. DECIDED MAY 4, 1992. RECONSIDERATION DENIED MAY 18, 1992. JOHNSON, Judge. Todd Louis McAlister (McAlister) was convicted of trafficking in cocaine and possession of cocaine with intent to distribute. The possession conviction was subsequently vacated, as it constituted a lesser included offense. He […]

543 S.E.2d 61 MANESH et al. v. BAKER EQUIPMENT ENGINEERING COMPANY. A00A1662.Court of Appeals of Georgia. DECIDED: NOVEMBER 28, 2000. ELLINGTON, Judge. Mehdi I. Manesh and his wife, Marsha L. Manesh, appeal from the grant of summary judgment to Baker Equipment Engineering Company in his suit for recovery for personal injury and her derivative suit […]

448 S.E.2d 59 FOOD LION, INC. v. JOHNSON. A94A1056.Court of Appeals of Georgia. DECIDED AUGUST 10, 1994. POPE, Chief Judge. Defendant Food Lion, Inc. appeals from the denial of its motion for directed verdict in this slip and fall case. The evidence adduced at trial reveals that as plaintiff walked from her car toward defendant’s […]

409 S.E.2d 280 BRAMBLETT v. HANSEL-SCALES, INC. et al. A91A0155.Court of Appeals of Georgia. DECIDED JULY 15, 1991. RECONSIDERATION DENIED JULY 30, 1991. CARLEY, Judge. Seeking to recover for injuries sustained in a fall down a stairway, appellant-plaintiff brought suit against appellee-defendants. Appellees answered and, after discovery, moved for summary judgment. The trial court granted […]

660 S.E.2d 876 ANDERSON v. THE STATE. No. A08A0698.Court of Appeals of Georgia. DECIDED APRIL 9, 2008. BERNES, Judge. A Richmond County grand jury indicted Albert Anderson on three counts of forgery in the first degree. Anderson pled guilty and was sentenced on each count to six years (two to serve and the remainder probated), […]

230 S.E.2d 81 MIZE v. THE STATE. 52773.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1976. DECIDED OCTOBER 18, 1976. CLARK, Judge. This is the third appeal by this appellant from a conviction of simple battery based on a single occurrence. The previous cases are reported in 131 Ga. App. 538 (206 S.E.2d 530) and 135 […]

538 S.E.2d 816 HARPER et al. v. GMAC MORTGAGE CORPORATION. A00A1527.Court of Appeals of Georgia. DECIDED: AUGUST 30, 2000. MILLER, Judge. In this case the debtors in their Chapter 13 bankruptcy petition statement of financial affairs listed a state court lawsuit in which they were seeking injunctive and declaratory relief. The question we are presented […]

667 S.E.2d 202 WHITAKER v. THE STATE. No. A08A1159.Court of Appeals of Georgia. DECIDED AUGUST 26, 2008. MIKELL, Judge. Following a jury trial, Jonathan Whitaker was convicted of child molestation and sexual battery. He was acquitted of aggravated sexual battery. Whitaker appeals from the denial of his amended motion for new trial, contending that the […]

476 S.E.2d 268 IN THE INTEREST OF R. J. P. ET AL., CHILDREN. A96A1796.Court of Appeals of Georgia. DECIDED AUGUST 30, 1996, — RECONSIDERATION DENIED SEPTEMBER 17, 1996. Judge Harold R. Banke. In this appeal from a juvenile court order terminating the parental rights to two minor children, the appellant father enumerates four errors. Only […]

186 S.E.2d 129 WHITTLE v. JOHNSTON et al. 46301.Court of Appeals of Georgia.ARGUED JUNE 2, 1971. DECIDED OCTOBER 8, 1971. REHEARING DENIED NOVEMBER 4, 1971. The trial judge correctly denied the motion for summary judgment since the proof offered failed to establish as a matter of law that the defendant was not liable for wilful […]

536 S.E.2d 293 THE STATE v. STINSON. A00A0380.Court of Appeals of Georgia. DECIDED JUNE 26, 2000. BARNES, Judge. The State appeals from the trial court’s grant of James Terry Stinson’s motion to suppress two videotaped interviews.[1] Because we find the trial court erred in applying Garrity v. New Jersey, 385 U.S. 493 (87 S.Ct. 616, […]

424 S.E.2d 27 HENRICKSON v. PAIN CONTROL REHABILITATION INSTITUTE OF GEORGIA, INC. et al. A92A1549.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1992. RECONSIDERATION DENIED OCTOBER 16, 1992. CARLEY, Presiding Judge. Alleging that his employment had been terminated as the result of his handicapped status, appellant-plaintiff brought suit against appellee-defendants. After discovery, appellees moved for […]

382 S.E.2d 737 KAYSEN v. THE STATE. A89A0707.Court of Appeals of Georgia. DECIDED MAY 31, 1989. BANKE, Presiding Judge. The appellant, charged in the State Court of Glynn County with driving under the influence of alcohol, speeding, and driving with a suspended license, moved for discharge and acquittal based on the state’s failure to honor […]

426 S.E.2d 69 SHELTON v. THE STATE. A92A1089.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1992. BEASLEY, Judge. An alleged rape occurred on March 15, 1991. On March 15, GBI officers conducted a custodial interrogation of defendant in the presence of his attorney. Defendant refused to answer questions directly but did allow and instruct his […]

306 S.E.2d 414 TRIPLE A DELIVERY COMPANY, INC. v. FLEXI-VAN LEASING, INC. 65894.Court of Appeals of Georgia. DECIDED JULY 7, 1983. SOGNIER, Judge. Flexi-Van Leasing, Inc. (appellee) sued Triple A Delivery Company, Inc. (appellant) for payments due on account from the leasing of appellee’s trucks. The jury found for appellee and the trial court denied […]

213 S.E.2d 155 BROWN v. McNAIR (two cases). BROWN v. COLEMAN. 49916, 49917. 49918.Court of Appeals of Georgia.SUBMITTED NOVEMBER 4, 1974. DECIDED FEBRUARY 7, 1975. REHEARING DENIED FEBRUARY 20, 1975. BELL, Chief Judge. These denials of motions for summary judgments were appealed on an erroneous principle enunciated in McKnight v. Guffin, 118 Ga. App. 168 […]

632 S.E.2d 734 KELLEY v. LYMON. A06A0328.Court of Appeals of Georgia. DECIDED JUNE 16, 2006. MILLER, Judge. Tara R. Kelley sued Garrett Lymon, Jr., for personal injuries sustained in a June 2001 automobile accident. The suit was filed one month before the two-year statute of limitation expired. See OCGA § 9-3-33. Lymon raised the defense […]

536 S.E.2d 608 MANN v. THE STATE; LANE v. THE STATE. A00A0748, A00A0749.Court of Appeals of Georgia. June 30, 2000 PHIPPS, Judge. Bobby Dale Mann and Roger Warren Lane were each charged with four counts of aggravated child molestation, three counts of child molestation, two counts of enticing a child for indecent purposes, and two […]

75 S.E.2d 30 MAULDEN v. THE STATE. 34490.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 1953. CARLISLE, J. 1. Where, to a judgment overruling his general demurrer to an indictment against him, the defendant does not preserve his exception by exceptions pendente lite or by assigning error thereon Page 564 in the final bill of […]

58 S.E.2d 492 FIDELITY-PHENIX FIRE INSURANCE CO. v. BERRY. 32942.Court of Appeals of Georgia. DECIDED MARCH 17, 1950. Since the petition alleged facts sufficient to authorize the finding that proof of loss as required by the policy sued on was waived by the insurance Page 210 company, the court did not err in overruling the […]

680 S.E.2d 516 SMITH v. THE STATE. No. A09A1059.Court of Appeals of Georgia. DECIDED JUNE 18, 2009. JOHNSON, Presiding Judge. On November 20, 2001, Lawrence Rupert Smith was indicted for four counts of child molestation, five counts of aggravated child molestation, four counts of enticing a child for indecent purposes, and one count of incest. […]

659 S.E.2d 919 CHAPPELL v. THE STATE. No. A08A0977.Court of Appeals of Georgia. DECIDED APRIL 1, 2008. BLACKBURN, Presiding Judge. Following a jury trial, Natonya Travis Chappell appeals his conviction for aggravated assault, arguing that the trial court erred in instructing the jury “that a firearm, when used as such, is a deadly weapon as […]

655 S.E.2d 702 IN THE INTEREST OF J. D., a child. No. A07A2481.Court of Appeals of Georgia. DECIDED DECEMBER 12, 2007. BERNES, Judge. The Coweta County Juvenile Court adjudicated 13-year-old J. D. delinquent for disrupting a public school in violation of OCGA § 20-2-1181. On appeal, J. D. challenges the sufficiency of the evidence to […]

440 S.E.2d 492 PATTERSON et al. v. FIRST ASSEMBLY OF GOD OF TIFTON. A94A0137.Court of Appeals of Georgia. DECIDED JANUARY 25, 1994. BIRDSONG, Presiding Judge. Kathy S. Patterson and Carl A. Patterson appeal the grant of summary judgment to First Assembly of God of Tifton in their suit for damages arising from Mrs. Patterson’s fall […]

170 S.E.2d 307 SUMMERLIN v. BEACON INVESTMENT COMPANY, INC. 44489.Court of Appeals of Georgia.SUBMITTED MAY 29, 1969. DECIDED SEPTEMBER 2, 1969. REHEARING DENIED SEPTEMBER 12, 1969. 1. Appellant waived all objections he may have had to the order of the trial court considered in the first division of the opinion. 2. The real estate sale […]

381 S.E.2d 565 JONES v. JONES. A89A0607.Court of Appeals of Georgia. DECIDED APRIL 12, 1989. REHEARING DENIED APRIL 27, 1989. DEEN, Presiding Judge. In January of 1984 appellant Gary Jones was appointed guardian of the person and property of his father, appellee Woodrow W. Jones, a widower of some sixty-seven years whose mental and physical […]

219 S.E.2d 623 COOPER v. PETE BUCKLEY COMPANY. 51096.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 17, 1975. DECIDED SEPTEMBER 29, 1975. BELL, Chief Judge. Plaintiff sued on an open account. Defendant was served but filed no defensive pleadings. A judgment by default was entered. The complaint described the defendant as “Joseph R. Cooper, d/b/a The Athletic […]

394 S.E.2d 578 HOLLAND v. THE STATE. A90A0205.Court of Appeals of Georgia. DECIDED MAY 7, 1990. McMURRAY, Presiding Judge. Defendant was charged via accusation with being in actual physical control of a moving vehicle while under the influence of alcohol and with operating a motor vehicle on the wrong side of the road. The evidence […]

278 S.E.2d 413 GAMBLE v. THE STATE. 61374.Court of Appeals of Georgia. DECIDED JANUARY 27, 1981. REHEARING DENIED FEBRUARY 20, 1981. BANKE, Judge. The appellant’s probation was revoked on the stated grounds that he had obstructed an officer and had failed to pay restitution as directed under the order of probation. On appeal, he contends […]

418 S.E.2d 422 SPICER v. OLD REPUBLIC INSURANCE COMPANY. A92A0251.Court of Appeals of Georgia. DECIDED APRIL 24, 1992. COOPER, Judge. This case arises out of an action brought by appellant against appellee to recover Georgia no-fault insurance benefits, bad faith penalties, attorney fees and punitive damages. The trial court granted summary judgment to appellee, and […]

625 S.E.2d 513 KAPHERR et al. v. MFG CHEMICAL, INC. A06A0184.Court of Appeals of Georgia. DECIDED DECEMBER 28, 2005. BLACKBURN, Presiding Judge. In this damages action for asthmatic injuries caused when she responded as an emergency medical technician (EMT) to an accidental release of toxic chemicals, Terrie Melissa Kapherr and her husband appeal the trial […]

68 S.E.2d 158 SUMMEROUR v. THE STATE. 33757.Court of Appeals of Georgia. DECIDED OCTOBER 25, 1951. REHEARING DENIED DECEMBER 5, 1951. 1. The exceptions pendente lite to the statement of the trial court, where the panel of jurors was not sufficient and the court drew them in accordance with the provisions of Publisher’s Pocket Edition […]

437 S.E.2d 839 MORTON v. THE STATE. A93A2506.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 1993. RECONSIDERATION DENIED NOVEMBER 12, 1993. JOHNSON, Judge. This is the second appearance of this case in this court.[1] In the Page 869 original appeal, Morton v. State, 206 Ga. App. 413 (425 S.E.2d 336) (1992), Albert W. Morton’s conviction […]

234 S.E.2d 357 DILLIPLANE v. HENDERSON. 53532.Court of Appeals of Georgia.ARGUED MARCH 2, 1977. DECIDED MARCH 11, 1977. REHEARING DENIED MARCH 28, 1977. DEEN, Presiding Judge. 1. Plaintiff appellee, a school bus driver, sustained injuries when her bus collided with a car driven by Page 685 Dilliplane. The defendant admitted liability, and the case went […]

584 S.E.2d 54 CAPITAL CARGO, INC. v. PORT OF PORT ROYAL, INC. A03A0478.Court of Appeals of Georgia. DECIDED: JUNE 19, 2003 BARNES, Judge. Capital Cargo, Inc. appeals a judgment against it, arguing that the trial court erred in amending the judgment outside the term of court in which it was originally issued to add prejudgment […]

221 S.E.2d 71 CENTRAL BANK TRUST COMPANY v. PRICE. 51253.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1975. DECIDED OCTOBER 23, 1975. WEBB, Judge. 1. This is an action against the guarantor of a promissory note. Pursuant to Code § 103-205, the guarantor had notified the creditor in writing to proceed to collect the debt from […]

195 S.E.2d 261 WARRIOR CONSTRUCTORS, INC. v. E. C. ERNST COMPANY, INC. 47432.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1972. DECIDED JANUARY 18, 1973. HALL, Presiding Judge. The defendant general contractor appeals from the denial of its motion for summary judgment. The plaintiff subcontractor placed certain of its electrical equipment in a building at the […]

458 S.E.2d 486 WILSON v. THE STATE. A95A1283.Court of Appeals of Georgia. DECIDED MAY 11, 1995. RECONSIDERATION DENIED JUNE 6, 1995. CERT. APPLIED FOR. BLACKBURN, Judge. The appellant, Kernie Gene Wilson, appeals from the trial court’s denial of his plea of former jeopardy. Wilson was indicted for the offenses of public indecency and use of […]

376 S.E.2d 230 DAVIS v. THE STATE (two cases). 77288, 77573.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1988. McMURRAY, Presiding Judge. Defendant Davis appeals his conviction of the offense of child molestation. Held: 1. Case No. 77573 arises from a notice of appeal timely filed following the verdict and judgment against defendant. Subsequently, defendant […]

166 S.E.2d 643 PLYWOOD SUPPLY COMPANY v. WILLIAMS. 43860.Court of Appeals of Georgia.ARGUED SEPTEMBER 3, 1968. DECIDED FEBRUARY 12, 1969. EBERHARDT, Judge. This case is controlled by Plywood Supply Co. v. Allrid, 119 Ga. App. 182. The only distinction is that Williams, the owner of the Chevrolet, is the plaintiff here. Judgment reversed. Felton, C. […]

183 S.E.2d 1 ATKINS v. BITUMINOUS CASUALTY CORPORATION. 45876.Court of Appeals of Georgia.ARGUED JANUARY 13, 1971. DECIDED JUNE 4, 1971. EBERHARDT, Judge. William Horace Atkins filed suit against D. M. Evans, as the owner of a certain truck, and against James L. Jones, the driver, alleging that Jones had been Evans’ employee, that Evans had […]

519 S.E.2d 715 MENDOZA et al. v. PENNINGTON et al. A99A1123.Court of Appeals of Georgia. DECIDED: JUNE 22, 1999. Judge HAROLD R. BANKE. Gregory and Hortencia Mendoza sued attorney John Pennington and his law firm for negligent performance of duties in connection with a bankruptcy petition filed by Pennington on behalf of their wholly-owned corporation […]

644 S.E.2d 299 IN THE INTEREST OF D. P. et al., children. No. A07A0419.Court of Appeals of Georgia. DECIDED MARCH 22, 2007. PHIPPS, Judge. The father of D.P. and T.P. appeals an order of the Juvenile Court of Murray County finding the children deprived and awarding temporary custody of them to the Murray County Department […]

147 S.E.2d 57 BLACK v. MILLER. 41685.Court of Appeals of Georgia.ARGUED JANUARY 3, 1966. DECIDED JANUARY 19, 1966. PANNELL, Judge. The order of the trial court rendered on October 1, 1965, sustained a general demurrer to the petition and “granted 20 days leave within which to amend.” Notice of appeal was filed on October 14, […]

415 S.E.2d 4 TARLETON v. GRIFFIN FEDERAL SAVINGS BANK. A91A1982.Court of Appeals of Georgia. DECIDED JANUARY 7, 1992. BIRDSONG, Presiding Judge. Appellant Dianne Tarleton appeals the order of the superior court confirming the sale of real property by appellee Griffin Federal Savings Bank. Appellant entered into a promissory note with appellee; the note was secured […]

295 S.E.2d 587 NEW v. THE STATE. 64712.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1982. SHULMAN, Presiding Judge. Appellant was convicted of burglary and sentenced to 15 years to serve. His attorney filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493). In […]

303 S.E.2d 48 BOGAN v. THE STATE. 65289.Court of Appeals of Georgia. DECIDED MARCH 8, 1983. REHEARING DENIED MARCH 21, 1983. SHULMAN, Chief Judge. Appellant was convicted of attempted armed robbery and robbery by sudden snatching. In his appeal, he questions the sufficiency of the evidence and enumerates as error the denial of his motion […]

162 S.E.2d 31 BAILEY, Administratrix v. McCURRY. 43229.Court of Appeals of Georgia. DECIDED MAY 9, 1968. HALL, Judge. This case involves an application of the rule that, “Circumstantial evidence from which the existence of a fact might be inferred, but which did not demand a finding for the plaintiff to that effect, will not support […]

609 S.E.2d 643 JACKSON v. THE STATE. A05A0069.Court of Appeals of Georgia. DECIDED DECEMBER 9, 2004. RECONSIDERATION DENIED JANUARY 21, 2005. PHIPPS, Judge. Terrence Jackson appeals his convictions of aggravated sodomy and aggravated sexual battery. He challenges the effectiveness of his appointed counsel, the sufficiency of the evidence, and certain actions by the trial court. […]

68 S.E.2d 224 TOMLIN v. BICKERSTAFF. 33752.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1951. 1. Where a prospective purchaser for certain property procures others who join him in jointly purchasing the property, and where an agent is suing his broker for an alleged earned commission on the sale of the property, it is not […]

355 S.E.2d 759 IN THE INTEREST OF C. D. B. 73059.Court of Appeals of Georgia. DECIDED MARCH 19, 1987. BENHAM, Judge. Appellant, C. D. B.’s natural father, appeals from an order terminating his parental rights and granting an adoption petition filed by C. D. B.’s mother’s husband. 1. Appellant first filed an application for discretionary […]

631 S.E.2d 379 DOZIER v. PIERCE. A06A0684.Court of Appeals of Georgia. DECIDED APRIL 12, 2006. RECONSIDERATION DENIED MAY 18, 2006. MIKELL, Judge. We granted the application for discretionary review filed by Greg Dozier, commissioner of the Georgia Department of Driver Services, from the superior court’s order reversing an administrative law judge’s (“ALJ”) suspension of Paul […]

451 S.E.2d 810 KENDALL et al. v. PEACH STATE MACHINERY, INC. A94A1225.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1994. RECONSIDERATION DENIED DECEMBER 14, 1994. SMITH, Judge. Brent Construction Company and Wayne B. Kendall, its president and sole shareholder, appeal from the trial court’s grant of summary judgment to Peach State Machinery in an action […]

386 S.E.2d 673 BROWN v. THE STATE. A89A1252.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1989. REHEARINGS DENIED SEPTEMBER 25, 1989. DEEN, Presiding Judge. Appellant Brown was convicted of aggravated assault and armed robbery for the shooting and stabbing of an elderly acquaintance, whose house he had entered on a pretext and had then proceeded […]

32 S.E.2d 855 ROBINSON v. WASHINGTON NATIONAL INSURANCE COMPANY. 30691.Court of Appeals of Georgia. DECIDED JANUARY 18, 1945. 1. The contract of insurance should be construed so as to carry out the true intention of the parties; and where the language fixing the extent of liability of the insurer is unambiguous and but one reasonable […]

448 S.E.2d 234 C. W. MATTHEWS CONTRACTING COMPANY, INC. v. COLLINS et al. A94A1062.Court of Appeals of Georgia. DECIDED AUGUST 4, 1994. RECONSIDERATION DENIED AUGUST 29, 1994. BLACKBURN, Judge. We granted the discretionary application of C. W. Matthews Contracting Company, Inc. (“Matthews”), to determine whether OCGA § 50-17-29 (e) prohibits the imposition of local option, […]

21 S.E.2d 134 KING, executor, v. TILLEY et al. 28908.Court of Appeals of Georgia. DECIDED JULY 3, 1942. 1. In accordance with the ruling of the Supreme Court in Tilley v. King, 193 Ga. 602 (19 S.E.2d 281), the former judgment of this court (King v. Tilley, 65 Ga. App. 628, 16 S.E.2d 132), is […]

37 S.E.2d 435 KNIGHT v. THE STATE. 31022.Court of Appeals of Georgia. DECIDED MARCH 14, 1946. 1. The evidence sustains the verdict on the general grounds. 2. Where one is charged with murder, and is convicted of voluntary manslaughter, it is not reversible error for the court to fail to charge the law applicable to […]

458 S.E.2d 711 CITADEL CORPORATION v. ALL-SOUTH SUBCONTRACTORS, INC.; and vice versa. A95A0783, A95A0784.Court of Appeals of Georgia. DECIDED JULY 7, 1995. CERT. APPLIED FOR. McMURRAY, Presiding Judge. These appeals emanate from the same action which spawned an appeal in Citadel Corp. v. Sun Chemical Corp., 212 Ga. App. 875 (443 S.E.2d 489). The case […]

239 S.E.2d 201 JOHNSON v. THE STATE. 54355.Court of Appeals of Georgia.ARGUED SEPTEMBER 19, 1977. DECIDED OCTOBER 13, 1977. SMITH, Judge. The appellant was convicted of unlawfully entering an automobile. The sole contentions of the appeal are that the appellant’s trial counsel was ineffective in the presentation of the defense, and that the trial court […]

162 S.E.2d 212 BUFFINGTON v. NALLEY DISCOUNT COMPANY. 43480.Court of Appeals of Georgia.SUBMITTED MARCH 4, 1968. DECIDED MAY 9, 1969. FELTON, Chief Judge. This is an appeal from a judgment on the pleadings for the plaintiff in an action by Nalley Discount Company against Claude Otis Buffington on a promissory note and bill of sale […]

387 S.E.2d 651 HUSH v. THE STATE. A89A1918.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1989. SOGNIER, Judge. George Hush appeals from his conviction of trafficking in cocaine. The evidence adduced at trial would have authorized the jury to find the following facts. Walter Dale Martin had been purchasing cocaine from appellant and his wife, […]

165 S.E.2d 179 SHOCKLEY v. ZAYRE OF ATLANTA, INC. et al. 43987.Court of Appeals of Georgia.SUBMITTED OCTOBER 8, 1968. DECIDED NOVEMBER 19, 1968. In determining the question whether a business proprietor exercised ordinary care to protect a business invitee from dangerous conduct of others on the premises, the standard is whether a reasonably prudent person […]

166 S.E.2d 588 TURPIN v. NORTH AMERICAN ACCEPTANCE CORPORATION. 44277.Court of Appeals of Georgia.SUBMITTED FEBRUARY 4, 1969. DECIDED FEBRUARY 17, 1969. 1. An agreement on the part of a creditor to withhold proceeding with a foreclosure of a security deed and to allow the debtor additional time in which to pay arrearages on the Page […]

505 S.E.2d 259 MORRIS ET AL. v. SAVANNAH VALLEY REALTY, INC.; and vice versa. A98A0960, A98A0961.Court of Appeals of Georgia. DECIDED AUGUST 3, 1998. POPE, Presiding Judge. H. Carter Morris and Angie Morris entered into an exclusive listing agreement authorizing Savannah Valley Realty, Inc., to sell or lease property described as a “floating restaurant.” The […]

31 S.E.2d 662 HENDERSON v. AMERICAN TELEPHONE TELEGRAPH CO. 30628.Court of Appeals of Georgia. DECIDED OCTOBER 7, 1944. 1. In all cases in the civil court of Fulton County, where the amount involved, exclusive of interest, attorney’s fees, and costs, is less than three hundred dollars, an appeal will lie, within fifteen days, from an […]

236 S.E.2d 375 THOMPSON v. THE STATE. 53890.Court of Appeals of Georgia.SUBMITTED MAY 2, 1977. DECIDED JUNE 7, 1977. PER CURIAM. Defendant appeals from his conviction for burglary. An examination of the enumeration of errors, defendant’s brief, and the transcript of evidence fails to show any basis for reversal of the judgment of conviction and […]

278 S.E.2d 160 CITY OF DOUGLAS et al. v. JOHNSON et al. 61068.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1981. DEEN, Presiding Judge. The City of Douglas and Rufus C. Johnson, former Douglas City Manager, appeal from a jury verdict of $27,000 in favor of Johnnie Johnson and Johnnie Sirmouns following the denial of […]

401 S.E.2d 539 DURDEN v. HILTON HEAD BANK TRUST COMPANY, N.A. A90A1519.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1990. REHEARING DENIED DECEMBER 20, 1990. BEASLEY, Judge. Appellant William E. Durden and appellee Hilton Head Bank Trust Company, N.A. each hold a deed to secure debt conveying the same parcel of property from Nan Sun […]

97 S.E.2d 613 FAVORS v. THE STATE. 36604.Court of Appeals of Georgia. DECIDED MARCH 15, 1957. CARLISLE, J. 1. The rule has been laid down by the Supreme Court, and applied by this court, that sentences for criminal offenses “should be certain, definite, and free from ambiguity; and, where the contrary is the case, the […]

239 S.E.2d 168 GILES v. THE STATE. 54385.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 7, 1977. DECIDED SEPTEMBER 29, 1977. REHEARING DENIED OCTOBER 18, 1977. BIRDSONG, Judge. Appellant Giles was convicted of child molestation and sentenced to serve six years. He brings this appeal enumerating three errors. Held: 1. In his first enumeration of error, appellant […]

355 S.E.2d 120 SIMON v. THE STATE. 73021.Court of Appeals of Georgia. DECIDED MARCH 18, 1987. McMURRAY, Presiding Judge. Defendant was charged by a two-count accusation with the offenses of driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) (1) (Count 1) and of driving while there was 0.12 percent or […]

583 S.E.2d 203 CANALES v. WILSON SOUTHLAND INSURANCE AGENCY et al. A03A1086.Court of Appeals of Georgia. June 5, 2003 PHIPPS, Judge. After his van was destroyed by fire in Mexico, Carlos Canales filed a claim with Canal Insurance Co., which had insured the van against physical damage. Canal denied the claim because the policy expressly […]

71 S.E.2d 910 LIBERTY MUTUAL INSURANCE COMPANY et al. v. CRIST. 33981.Court of Appeals of Georgia. DECIDED MAY 1, 1952. REHEARING DENIED JULY 21, 1952. The effect of the decision in Lloyd Adams Inc. v. Liberty Mutual Ins. Co., 190 Ga. 633, 641 (10 S.E.2d 46), declaring the amendment of Code § 114-403 unconstitutional, was […]

151 S.E.2d 490 ROSS v. CITY OF LILBURN. 42338.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1966. DECIDED OCTOBER 7, 1966. DEEN, Judge. 1. Code Ann. § 19-302 specifies that a traverse to an answer to a petition for certiorari “shall be filed in writing, specifying the defects, within 15 days after the filing of such […]

231 S.E.2d 417 ROSENBERG et al. v. MOSSMAN et al. 52673.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 21, 1976. DECIDED NOVEMBER 5, 1976. REHEARING DENIED DECEMBER 8, 1976. STOLZ, Judge. The appellants, a swimming pool construction company, appeal from a default judgment against them in the appellees’ action for damages for the appellants’ breach of an […]

384 S.E.2d 441 GROGAN v. THE STATE. A89A0393.Court of Appeals of Georgia. DECIDED JULY 11, 1989. BIRDSONG, Judge. Michael Anthony Grogan was tried under an indictment charging him with felony theft by taking, in that between March 18, 1987 and June 8, 1987, “being in lawful possession of [$8,170] in money, of a value exceeding […]

433 S.E.2d 410 DAVIS v. DESA INTERNATIONAL, INC. A93A0785.Court of Appeals of Georgia. DECIDED JULY 1, 1993. SMITH, Judge. April Davis was injured on February 26, 1990 when a heater exploded at her workplace. She filed suit on February 26, 1992, against her employer, who was later dismissed, and DESA International, Inc., the manufacturer of […]

505 S.E.2d 49 HARRIS v. THE STATE. A98A0948.Court of Appeals of Georgia. DECIDED JULY 23, 1998 — RECONSIDERATION DISMISSED AUGUST 26, 1998. RUFFIN, Judge. Sonell Harris was charged with aggravated assault, simple battery, theft by taking, possession of a firearm by a convicted felon and possession of a firearm during the commission of a crime, […]

290 S.E.2d 484 ECHOLS v. VIENNA SAUSAGE MANUFACTURING COMPANY. 63662.Court of Appeals of Georgia. DECIDED APRIL 19, 1982. McMURRAY, Presiding Judge. In late 1978 or early 1979 George P. Echols, Jr. began a joint business venture with a corporation (Townco, Inc.). The business involved purchases from Vienna Sausage Mfg. Co. on open account. Eventually a […]

608 S.E.2d 299 IN RE ESTATE OF TAYLOR (two cases). A04A2136, A04A2137.Court of Appeals of Georgia. DECIDED DECEMBER 8, 2004. ELLINGTON, Judge. Following the resignation of the previous guardian of the property of Jason Taylor, an incapacitated adult and ward of the court, the Probate Court of Gwinnett County appointed the county guardian. The ward’s […]

362 S.E.2d 380 COREN v. PURITAN INSURANCE COMPANY. JUSTICE v. PURITAN INSURANCE COMPANY. PATTERSON et al. v. PURITAN INSURANCE COMPANY. 74651, 74652, 74653.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1987. REHEARING DENIED OCTOBER 29, 1987. BIRDSONG, Chief Judge. Summary Judgment — Contract Construction. James A. Justice was employed by Metro Ambulance Service (Metro) as […]

398 S.E.2d 765 REEVES v. J. M. GIVAN COMPANY, INC. A90A1235.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1990. REHEARING DENIED NOVEMBER 19, 1990. COOPER, Judge. Appellant appeals the trial court’s grant of summary judgment to appellee in this slip and fall case. Appellant and several of her friends, on their own, entered a newly […]

196 S.E.2d 484 WRIGHT v. THE STATE. 47850.Court of Appeals of Georgia.ARGUED JANUARY 12, 1973. DECIDED FEBRUARY 5, 1973. REHEARING DENIED FEBRUARY 28, 1973. EBERHARDT, Presiding Judge. None of the alleged errors can be determined without reference to the transcript of evidence and proceedings; and since appellant designated in his notice of appeal that the […]

461 S.E.2d 250 HUNDLEY et al. v. GREENE et al. A95A0122.Court of Appeals of Georgia. DECIDED JULY 13, 1995. RECONSIDERATION DENIED JULY 28, 1995. CERT. APPLIED FOR. BIRDSONG, Presiding Judge. This is an appeal from the superior court’s confirmation of an arbitrator’s award in a construction dispute between Hundley and Butt, who are the homeowners, […]

522 S.E.2d 240 EUBANKS v. THE STATE. A99A1422.Court of Appeals of Georgia. DECIDED: SEPTEMBER 2, 1999. MILLER, Judge. Convicted of possession of cocaine, Darrell Eubanks challenges the sufficiency of the evidence and the effectiveness of his trial counsel. Because the State proved he was near the cocaine and possessed drug paraphernalia, and because he failed […]

601 S.E.2d 503 ALTA ANESTHESIA ASSOCIATES OF GEORGIA, P.C. v. BOUHAN, WILLIAMS LEVY, LLP et al. A04A0482.Court of Appeals of Georgia. DECIDED JUNE 28, 2004. BARNES, Judge. Alta Anesthesia Associates of Georgia, P.C. (“Alta”), appeals the grant of summary judgment to Bouhan, Williams Levy, LLP, and Roy E. Paul (collectively “the attorneys”) in Alta’s action […]

615 S.E.2d 761 ROBERTS v. ADERHOLD. A05A0148.Court of Appeals of Georgia. DECIDED MAY 12, 2005. RECONSIDERATION DENIED JUNE 15, 2005. PHIPPS, Judge. In this medical malpractice action by parents for the wrongful death of their child, the jury returned a verdict in favor of the plaintiffs but awarded them no damages. The question on appeal […]

27 S.E.2d 896 SERVICE FIRE INSURANCE COMPANY v. POWELL. 30057.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1943. Under the pleadings and stipulated facts submitted to the trial judge for decision without a jury, a finding in favor of the defendant was not authorized, and was contrary to law. DECIDED NOVEMBER 26, 1943. Complaint; from […]