Category: Georgia Supreme Court Opinions

155 S.E.2d 676 JOHN C. JACKSON, INC. v. HATCH. 42711.Court of Appeals of Georgia.ARGUED APRIL 3, 1967. DECIDED APRIL 7, 1967. REHEARING DENIED APRIL 21, 1967. 1. A petition seeking damages for fraud and deceit is not subject to general demurrer where all requisite elements of the action are alleged. 2. Exemplary damages are recoverable […]

474 S.E.2d 199 PERRY v. THE STATE. A96A0860.Court of Appeals of Georgia. DECIDED JUNE 25, 1996 — RECONSIDERATION DENIED AUGUST 8, 1996. SMITH, Judge. Christopher Kenneth Perry appeals from the judgment of conviction and sentence entered on a jury verdict finding him guilty of child molestation.[1] In his sole enumeration of error, he contends the […]

16 S.E.2d 786 DACUS v. DICKINSON TRUST COMPANY. 29176.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1941. SUTTON, J. The petition alleged that the plaintiff was a roomer in a house rented by a tenant from the defendant owner, and that as such roomer her invitation to use the premises extended to the hallways, yards, […]

36 S.E.2d 867 BYRD, alias HARVEY, v. THE STATE. 31135.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1946. The denial of a new trial was not error. DECIDED FEBRUARY 1, 1946. Forgery; from Fulton superior court — Judge Moore. October 23, 1945. Page 405 James R. Venable, Jackson L. Barwick, Frank A. Bowers, Frank T. […]

78 S.E.2d 557 DAVIS v. AMERICAN MUTUAL LIABILITY INS. CO. et al. 34785.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1953. The superior court did not err in denying the appeal and affirming the award of the State Board of Workmen’s Compensation, denying compensation to the claimant, as the findings of fact by the full […]

375 S.E.2d 503 COLUMBUS, GEORGIA v. STANTON et al. 77275.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1988. SOGNIER, Judge. Fourteen agents who sell insurance policies issued by the State Farm insurance companies brought suit against Columbus, Georgia, to obtain refunds of certain business license fees levied against them by Columbus, Georgia, and paid under […]

382 S.E.2d 376 SWEET v. THE STATE. A89A0283.Court of Appeals of Georgia. DECIDED MAY 10, 1989. BIRDSONG, Judge. The appellant Marion Leon Sweet was convicted of arson. After an evening of extremely loud and boisterous and ungovernable behavior, Page 517 when he took his pregnant girl friend to the hospital after an altercation between them, […]

297 S.E.2d 740 NATIONAL CARLOADING CORPORATION v. SECURITY VAN LINES, INC.; and vice versa. 64176, 64177.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 1982. REHEARING DENIED DECEMBER 9 AND 17, 1982. POPE, Judge. Security Van Lines, Inc. (“Security”), a motor common carrier of household goods, filed suit against National Carloading Corporation (“NCC-NJ”), a freight forwarder, […]

460 S.E.2d 882 HOFFMAN v. DEPARTMENT OF CORRECTIONS et al. A95A1099.Court of Appeals of Georgia. DECIDED AUGUST 17, 1995. CERT. APPLIED FOR. McMURRAY, Presiding Judge. This is an action for damages pursuant to 42 U.S.C. § 1983 and state tort law, brought by a former inmate of the State Women’s Prison at Hardwick, plaintiff Hoffman, […]

640 S.E.2d 712 JONES v. VAN HORN (two cases). Nos. A06A2467, A07A0057.Court of Appeals of Georgia. DECIDED DECEMBER 29, 2006. ANDREWS, Presiding Judge. James Robert Jones and Kristin Brooke Van Horn[1] were divorced in Texas in 2001 pursuant to a final decree of divorce which appointed the parties as “joint managing conservators” of their two […]

414 S.E.2d 705 MOORE v. THE STATE. A91A1868.Court of Appeals of Georgia. DECIDED JANUARY 13, 1992. BEASLEY, Judge. Following the denial of his amended motion for new trial, Chad Page 477 Lee Moore appeals his conviction for burglary, OCGA § 16-7-1 (a), of a restaurant. 1. In enumerations of error one and three, Moore challenges […]

265 S.E.2d 822 RAULERSON v. BLAND et al. 59114.Court of Appeals of Georgia.ARGUED JANUARY 7, 1980. DECIDED FEBRUARY 4, 1980. REHEARING DENIED FEBRUARY 19, 1980. SHULMAN, Judge. Plaintiffs-husband and wife brought suit for damages sustained when plaintiff-wife fell from a platform in defendant’s clothing store. On interlocutory appeal we affirm the trial court’s denial of […]

175 S.E.2d 108 BRUNDAGE v. WILKINS et al. 45057.Court of Appeals of Georgia.ARGUED JANUARY 9, 1970. DECIDED APRIL 7, 1970. JORDAN, Presiding Judge. The claim and counterclaim in this case, both for property damages, are based on a collision between the plaintiff’s automobile and a wrecker operated by one defendant and owned by the counterclaimant. […]

183 S.E.2d 216 SCARBOROUGH et al. v. MURRAY (two cases). 46156, 46157.Court of Appeals of Georgia.ARGUED MAY 3, 1971. DECIDED JUNE 14, 1971. DEEN, Judge. 1. To change the status of a guest passenger in an automobile to that of an invitee there must be an express or implied invitation by the operator for the […]

353 S.E.2d 56 COKER v. THE STATE. 73052.Court of Appeals of Georgia. DECIDED JANUARY 21, 1987. McMURRAY, Presiding Judge. On January 8, 1986, defendant Coker was indicted (along with others) for the offense of conspiracy to commit the offense of trafficking in cocaine. Defendant entered her plea of not guilty and on February 6, 1986 […]

621 S.E.2d 792 IN THE INTEREST OF S.N.L. et al., children. A05A1026.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 2005. JOHNSON, Presiding Judge. The Juvenile Court of Lowndes County terminated the parental rights of the mother of minor children S.N.L., M.D.L. and J.J.M.L. The mother appeals, challenging the sufficiency of the evidence supporting the court’s […]

371 S.E.2d 130 DICKENS et al. v. FIRST CAPITAL INCOME PROPERTIES, LTD., SERIES IX. 76489.Court of Appeals of Georgia. DECIDED JUNE 22, 1988. SOGNIER, Judge. First Capital Income Properties, Ltd., Series IX (the “Landlord”) instituted dispossessory proceedings against Robert Dickens, Chris G. Nicholson, and Ben J. Cheek. The named individuals answered within the time allowed […]

649 S.E.2d 882 IN THE INTEREST OF J. A., a child. No. A07A0975.Court of Appeals of Georgia. DECIDED JULY 20, 2007. ELLINGTON, Judge. The Juvenile Court of Bacon County terminated the parental rights of the mother and father of four-year-old J. A.[1] The father appeals, challenging the sufficiency of the evidence. Finding no error, we […]

280 S.E.2d 403 STEWART v. THE STATE. 61493.Court of Appeals of Georgia. DECIDED APRIL 24, 1981. SHULMAN, Presiding Judge. Defendant appeals his conviction of the offense of involuntary manslaughter, under Code Ann. § 26-1103 (a), complaining of the trial court’s refusal, upon request, to charge on involuntary manslaughter in the commission of a lawful act […]

282 S.E.2d 659 PADILLA et al. v. SPECTORMAN. 61794.Court of Appeals of Georgia. DECIDED JUNE 5, 1981. REHEARING DENIED JUNE 19, 1981. SHULMAN, Presiding Judge. Plaintiff brought suit against defendants to recover actual and punitive damages arising out of an alleged assault upon the plaintiff committed by individual defendant-Salvatore Padilla. Plaintiff and a companion went […]

359 S.E.2d 736 BRUCE v. THE STATE. 74827.Court of Appeals of Georgia. DECIDED JULY 13, 1987. DEEN, Presiding Judge. The appellant, Harry Wayne Bruce, was convicted of commercial gambling. The sole issue in his appeal is whether a City of Atlanta police officer, who is also a deputy sheriff of Fulton County, has the authority […]

284 S.E.2d 659 HESTER v. THE STATE. 61983.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1981. CARLEY, Judge. Appellant appeals his conviction of one count of operating a motor vehicle after being declared a habitual violator under Code Ann. § 68B-308 and one count of driving under the influence. 1. Appellant enumerates as error the […]

317 S.E.2d 900 KEENER et al. v. KIMBLE et al. 67516.Court of Appeals of Georgia. DECIDED APRIL 10, 1984. SOGNIER, Judge. Violet Brookshire and Minnie Irene Page were passengers in a car driven by Erma Sue England when their vehicle was struck by a car driven by Danny M. Kimble. Kimble, who was operating the […]

248 S.E.2d 296 JOINER v. SMITH. 56203.Court of Appeals of Georgia.SUBMITTED JUNE 27, 1978. DECIDED SEPTEMBER 11, 1978. BIRDSONG, Judge. This case involves alleged procedural irregularities in an adoption proceeding. The facts show that appellant and his ex-wife were divorced in 1969 with custody of their minor child granted to the mother. The mother subsequently […]

138 S.E.2d 117 RICHARDSON v. ANDERSON. 40695.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1964. BELL, Presiding Judge. The record reveals that in a prior appearance this case was first brought to the Supreme Court. That court transferred the case to this court on the ground that no question of the construction of a will […]

534 S.E.2d 859 GRIFFITH v. MEDICAL RENTAL SUPPLY OF ALBANY, GEORGIA, INC. A00A0835.Court of Appeals of Georgia. DECIDED: MAY 19, 2000. BLACKBURN, Presiding Judge. In this action regarding the alleged breach of an implied warranty of merchantability (OCGA § 11-2A-212) and an implied warranty of fitness for a particular purpose (OCGA § 11-2A-213) concerning an […]

344 S.E.2d 518 DAYS INN OF AMERICA, INC. v. SHARKEY et al. 72051.Court of Appeals of Georgia. DECIDED APRIL 9, 1986. CARLEY, Judge. Appellees’ motion to dismiss this appeal as being premature places in issue our appellate jurisdiction and must be addressed first in order to determine whether we have the authority to reach the […]

473 S.E.2d 192 THE STATE v. HUNTER. A96A0300.Court of Appeals of Georgia. DECIDED JUNE 24, 1996. PER CURIAM. Heather Ann Hunter was arrested and charged with driving under the influence of alcohol on November 11, 1994. After being read implied consent rights at the scene of the arrest, Hunter consented to a state administered test […]

388 S.E.2d 766 NORTH GEORGIA HOME CONSTRUCTION COMPANY, INC. v. LACKEY et al. A89A1393.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1989. BENHAM, Judge. Appellant brings this appeal from the trial court’s denial of appellant’s motion to open default or, in the alternative, to set aside the judgment entered against appellant. The trial court entered […]

380 S.E.2d 327 CAWTHON et al. v. WACO FIRE CASUALTY INSURANCE COMPANY et al. A89A0282.Court of Appeals of Georgia. DECIDED MARCH 9, 1989. REHEARING DENIED MARCH 16, 1989. BANKE, Presiding Judge. The Cawthons’ minor son, Robert, was struck and killed by an automobile while attempting to cross a heavily-trafficked highway in anticipation of boarding a […]

666 S.E.2d 50 ANUFORO v. THE STATE. No. A08A0603.Court of Appeals of Georgia. DECIDED JUNE 26, 2008. RECONSIDERATION DENIED JULY 24, 2008. SMITH, Presiding Judge. A jury found Aiden Ifeanyi Anuforo guilty of family violence battery. Anuforo appeals, arguing that he received ineffective assistance of counsel and that the trial court erred in refusing to […]

218 S.E.2d 97 CANTRELL v. BOARD OF TRUSTEES OF THE EMPLOYEES’ RETIREMENT SYSTEM OF GEORGIA. 50243.Court of Appeals of Georgia.ARGUED FEBRUARY 11, 1975. DECIDED JUNE 23, 1975. REHEARING DENIED JULY 16, 1975. STOLZ, Judge. The judgment of the Fulton Superior Court and that of the Board of Trustees of the Employees’ Retirement System of Georgia, […]

266 S.E.2d 558 TAB SALES, INC. v. D D DISTRIBUTORS, INC. 58656.Court of Appeals of Georgia.SUBMITTED OCTOBER 15, 1979. DECIDED MARCH 10, 1980. SOGNIER, Judge. Tab Sales, Inc. appeals an order of the State Court of DeKalb County denying Tab’s motion to vacate and set aside the judgment rendered by the trial court in favor […]

258 S.E.2d 641 BROWN v. THE STATE. 57791.Court of Appeals of Georgia.ARGUED MAY 2, 1979. DECIDED JULY 6, 1979. REHEARING DENIED JULY 19, 1979. McMURRAY, Presiding Judge. Defendant was indicted for murder. He was tried and found guilty of the lesser offense of involuntary manslaughter in the commission of an unlawful act. He was then […]

406 S.E.2d 141 DEPARTMENT OF MEDICAL ASSISTANCE OF GEORGIA et al. v. BEVERLY ENTERPRISES, INC. A90A0184.Court of Appeals of Georgia. DECIDED APRIL 15, 1991. BANKE, Presiding Judge. The decision previously rendered by this court in the above-styled case, reported at 195 Ga. App. 753 (395 S.E.2d 15) (1990), having been reversed by the Supreme Court […]

494 S.E.2d 176 MONDY v. THE STATE. A97A1041.Court of Appeals of Georgia. DECIDED SEPTEMBER 2, 1997 — RECONSIDERATION DENIED NOVEMBER 13, 1997. BLACKBURN, Judge. Shannon Blaine Mondy was convicted of possession with intent to distribute methamphetamine, possession of marijuana, driving under the influence, no proof of insurance, and failure to maintain lane. He alleges that […]

237 S.E.2d 455 FOSTER v. THE STATE. 53435.Court of Appeals of Georgia.SUBMITTED JANUARY 31, 1977. DECIDED JULY 13, 1977. BELL, Chief Judge. The defendant was indicted for possession of a tool for the commission of a crime, the indictment alleging he had in his possession a “tool commonly used in the commission of burglary and […]

31 S.E.2d 78 WHITE v. THE STATE OF GEORGIA. 30376.Court of Appeals of Georgia. DECIDED JUNE 7, 1944. REHEARING DENIED JULY 28, 1944. When a petition for certiorari shows on its face that it is without merit, the judge of the superior court should refuse to sanction it; but if, inadvertently, he sanctions it, and […]

694 S.E.2d 119 WALKER v. ADERHOLD PROPERTIES, INC. et al. No. A09A1951.Court of Appeals of Georgia. DECIDED MARCH 25, 2010. RECONSIDERATION DENIED APRIL 14, 2010. BARNES, Judge. After she was attacked in her apartment, Eina Walker filed this premises liability action against Aderhold Properties, Inc., the management company for the apartment complex. Aderhold Properties then […]

380 S.E.2d 55 WATERS v. SPELL et al. 77189.Court of Appeals of Georgia. DECIDED JANUARY 3, 1989. REHEARING DENIED MARCH 16, 1989. POPE, Judge. Plaintiff Lee L. Waters and defendants, the Spells, are owners of adjacent parcels of land. Plaintiff filed a complaint against defendants alleging he had acquired a claim of right to disputed […]

172 S.E.2d 877 GAZAWAY v. THE STATE. 44903.Court of Appeals of Georgia.ARGUED NOVEMBER 5, 1969. DECIDED FEBRUARY 2, 1970. QUILLIAN, Judge. The defendant was indicted, tried and convicted for the crime of larceny from the person. Her motion for new trial was overruled and appeal taken. The defendant enumerates as error the overruling of her […]

513 S.E.2d 254 JONES v. THE STATE. A99A0044.Court of Appeals of Georgia. DECIDED: MARCH 1, 1999. Judge Harold R. Banke. Ray A. Jones was convicted of the offenses of criminal trespass, pointing a gun at another, and possession of a firearm by a convicted felon. On appeal, Jones enumerates five errors. The underlying case arose […]

83 S.E.2d 565 ROYAL INDEMNITY COMPANY et al. v. HUMPHRIES. 35167.Court of Appeals of Georgia. DECIDED JUNE 14, 1954. REHEARING DENIED JULY 13, 1954. The trial Director of the State Board of Workmen’s Compensation was authorized by the evidence to find that the claimant county agent was an employee of the State Board of Regents […]

388 S.E.2d 400 BROWN v. KING. A89A1443.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1989. BEASLEY, Judge. This appeal is from a decision by the probate court in a dispute regarding the guardianship of a minor child. Brown is the natural mother of an illegitimate three-and-a-half year old son. At the time of the birth […]

163 S.E.2d 612 PAYNE v. THE STATE. 43617.Court of Appeals of Georgia.SUBMITTED MAY 6, 1968. DECIDED SEPTEMBER 13, 1968. EBERHARDT, Judge. The appeal in this case being from the judgment of conviction only and not from the overruling of the amended motion for new trial which included all grounds now enumerated as error, under the […]

120 S.E.2d 156 GENERAL GAS CORPORATION v. CARN. CARN v. GENERAL GAS CORPORATION. 38651, 38652.Court of Appeals of Georgia. DECIDED APRIL 21, 1961. 1. (a) The trial court may grant a motion for summary judgment upon the whole case or for all the relief asked when it has properly determined that there exists no genuine […]

456 S.E.2d 672 CLARK v. THE STATE. A94A2449.Court of Appeals of Georgia. DECIDED MARCH 17, 1995. RECONSIDERATION DENIED MARCH 30, 1995. CERT. APPLIED FOR. BEASLEY, Chief Judge. Dallas Clark was convicted of trafficking in cocaine. OCGA §16-13-31 (a). He was found to be knowingly in possession of 64 times the statutory minimum of 28 grams. […]

126 S.E.2d 299 FINDLEY v. LIPSITZ. 39456.Court of Appeals of Georgia. DECIDED MAY 11, 1962. 1. The plaintiff, while engaged in replacing in the defendant’s store and out of the defendant’s stock some burnt out light bulbs, of the type of which the plaintiff was a salesman, was an invitee as to the defendant, since […]

634 S.E.2d 880 ADESIDA v. THE STATE. No. A06A1177.Court of Appeals of Georgia. DECIDED JULY 27, 2006. PHIPPS, Judge . After a bench trial, Steve Adesida was convicted of two counts of child molestation and sentenced to eight years with four to serve. On appeal, Adesida argues that the trial court erred in admitting privileged […]

186 S.E.2d 301 CONTINENTAL INVESTMENT CORPORATION v. CHERRY. CONTINENTAL INVESTMENT CORPORATION v. VAN HOUTEN. 46181, 46182.Court of Appeals of Georgia.ARGUED MAY 3, 1971. DECIDED OCTOBER 13, 1971. REHEARING DENIED NOVEMBER 16, 1971. 1. The motion to dismiss the appeal is denied. 2. In a complaint by a corporation against its directors on the theory of […]

446 S.E.2d 250 BASELER v. THE STATE. A94A0798.Court of Appeals of Georgia. DECIDED JULY 12, 1994. Judge Harold R. Banke. The appellant, James Paul Baseler, was convicted of driving under the influence of alcohol. On appeal, he contends that the trial court erred in denying his motion to suppress based on an illegal stop of […]

581 S.E.2d 551 PATTON v. ST. FRANCIS HOSPITAL et al. A03A0148.Court of Appeals of Georgia. Decided February 20, 2003 Reconsideration Denied March 13, 2003 ELLINGTON, Judge. Following the termination of his clinical privileges at St. Francis Hospital, Dr. Robert M. Patton sued Dr. Fred M. Burdette and the hospital, seeking damages and injunctive relief. The […]

513 S.E.2d 510 STINSON v. ARTISTIC POOLS, INC. et al. A98A1789.Court of Appeals of Georgia. DECIDED: MARCH 4, 1999. McMURRAY, Presiding Judge. Ronald C. Coker, individually and in his capacity as president of Artistic Pools., Inc. (“Artistic”), contracted to build a swimming pool with a surrounding concrete deck for Glen E. Stinson. Because the pool […]

619 S.E.2d 387 HIGHTOWER v. THE STATE. A05A1066.Court of Appeals of Georgia. DECIDED AUGUST 3, 2005. PHIPPS, Judge. A jury found Damon Terad Hightower guilty of burglary, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of the crime of aggravated assault. Appealing his convictions of […]

281 S.E.2d 327 GORDON COUNTY HOSPITAL AUTHORITY v. ASSOCIATED CONSULTANTS, INC. 61661.Court of Appeals of Georgia. DECIDED MAY 19, 1981. CARLEY, Judge. In several related enumerations of error appellant, defendant below, urges that the issue of appellee’s recovery on a theory of quantum meruit was erroneously submitted to the jury and that the verdict based […]

661 S.E.2d 601 WILLIAMS v. THE STATE. No. A08A0740.Court of Appeals of Georgia. DECIDED APRIL 15, 2008. PHIPPS, Judge. On appeal from his conviction for statutory rape and aggravated child molestation, Billy Ray Williams argues that the trial court erred when it failed to merge the two counts for sentencing purposes. We affirm. On appeal […]

687 S.E.2d 625 BALL v. JONES et al. No. A09A2049.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 2009. JOHNSON, Presiding Judge. After the death of Louise Nedd on August 4, 2006, her son and Cynthia Jones, as the trustee of Nedd’s estate (collectively, the “Plaintiffs”), sued approximately 50 entities and individuals, including Karla Ball, alleging […]

344 S.E.2d 714 UNITED STATES FIDELITY GUARANTY COMPANY, INC. v. BRANCH. 71830.Court of Appeals of Georgia. DECIDED APRIL 11, 1986. REHEARING DENIED APRIL 30, 1986. DEEN, Presiding Judge. This court granted United States Fidelity Guaranty Company (USFG) a discretionary appeal from the Tift County Superior Court’s order of August 14, 1985, affirming the State Board […]

588 S.E.2d 810 INTERMET CORPORATION v. FINANCIAL FEDERAL CREDIT, INC. A03A0911.Court of Appeals of Georgia. DECIDED: OCTOBER 15, 2003 PHIPPS, Judge. Intermet Corporation appeals the trial court’s order granting summary judgment and a writ of possession in favor of Financial Federal Credit, Inc. in this secured transactions case pitting a bona fide purchaser (Intermet) of […]

260 S.E.2d 353 NOLEN v. DEPARTMENT OF HUMAN RESOURCES. 57669.Court of Appeals of Georgia.ARGUED APRIL 5, 1979. DECIDED SEPTEMBER 4, 1979. REHEARING DENIED SEPTEMBER 24, 1979. SMITH, Judge. Appellant, who suffers from a severe heart condition, applied to the Georgia Department of Human Resources, Division of Vocational Rehabilitation for assistance in establishing a private detective […]

274 S.E.2d 692 PALMER v. THE STATE. 60797.Court of Appeals of Georgia.ARGUED OCTOBER 8, 1980. DECIDED OCTOBER 30, 1980. BANKE, Judge. The appellant was convicted of incest and aggravated sodomy on his 14-year-old daughter. While in custody, he made certain incriminating statements which were received in evidence over objection. The sole error enumerated complains that […]

539 S.E.2d 213 JOSEPH PERRY FREE v. STATE. A00A1997.Court of Appeals of Georgia. DECIDED: SEPTEMBER 13, 2000. MIKELL, Judge. Joseph Perry Free was indicted of one count of aggravated assault and one count of criminal trespass. The jury returned a guilty verdict on the aggravated assault charge and found the defendant not guilty of criminal […]

405 S.E.2d 889 WILBURN v. THE STATE. A91A0328.Court of Appeals of Georgia. DECIDED MAY 7, 1991. BIRDSONG, Presiding Judge. Appellant Herbert B. Wilburn appeals his judgment of conviction and sentence of aggravated assault. The indictment accused him of shooting Bernard Warren with a dangerous weapon, to-wit, a pistol. Held: 1. Appellant asserts the trial court […]

79 S.E.2d 548 RICHARDS v. DYE. 34724.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1953. REHEARING DENIED DECEMBER 16, 1953. Where a husband signs a promissory note in a place where a maker would ordinarily sign, and at his request his wife signs her name above his in a similar place, and nothing is said […]

522 S.E.2d 760 PATEL v. The STATE. A99A1992.Court of Appeals of Georgia. DECIDED: SEPTEMBER 28, 1999. BLACKBURN, Presiding Judge. Ramanbhal Patel appeals, following a jury trial, his conviction of driving under the influence to the extent of being a less safe driver. Patel contends the trial court erred in denying his motion for directed verdict, […]

593 S.E.2d 673 ENVIRO PRO, INC. v. EMANUEL COUNTY, GEORGIA et al. A04A0295Court of Appeals of Georgia. DECIDED: JANUARY 12, 2004 ELDRIDGE, Judge. In March 2003, appellant-plaintiff Enviro Pro, Inc. (“Enviro”) filed the instant verified complaint for equitable and other Page 310 relief against appellees-defendants Emanuel County, Georgia; Dessie E. Davis, Chairman of the Board […]

493 S.E.2d 225 HEATH v. THE STATE. A97A2489.Court of Appeals of Georgia. DECIDED OCTOBER 29, 1997. ANDREWS, Chief Judge. Anthony William Heath was found guilty in a bench trial of driving while under the influence of alcohol to the extent that he was a less safe driver. OCGA § 40-6-391 (a)(1). On appeal, he claims […]

671 S.E.2d 215 IN RE: RON BECKSTROM. A08A1557Court of Appeals of Georgia, First Division. DECIDED: NOVEMBER 13, 2008 BERNES, Judge. Attorney Ron Beckstrom was found in criminal contempt after he failed to appear in court when his client’s case was called for trial. On appeal, Beckstrom contends that his contempt conviction should be reversed because […]

669 S.E.2d 404 DAIMLERCHRYSLER FINANCIAL SERVICES AMERICAS, LLC v. WAGES. DAIMLERCHRYSLER MOTORS COMPANY, LLC v. WAGES. WAGES v. DAIMLERCHRYSLER MOTORS COMPANY, LLC et al. Nos. A08A0991, A08A0992, A08A0993.Court of Appeals of Georgia. DECIDED: OCTOBER 23, 2008. RECONSIDERATION DENIED NOVEMBER 13, 2008. BERNES, Judge. Marshall A. Wages purchased a 2004 Dodge Ram from Metro Dodge, Inc., […]

393 S.E.2d 262 FRAZIER v. THE STATE. A89A2114.Court of Appeals of Georgia. DECIDED MARCH 9, 1990. REHEARING DENIED MARCH 27, 1990. BEASLEY, Judge. Frazier was convicted of child molestation, OCGA § 16-6-4 (a), for engaging in sexual intercourse with his seven-year-old daughter. 1. His first enumeration is governed by the directive i Mills v. State, […]

296 S.E.2d 179 LYNCH v. THE STATE. 64697.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1982. REHEARING DENIED NOVEMBER 8, 1982. QUILLIAN, Chief Judge. The defendant brings this appeal from his conviction of the offenses of rape and burglary. Held: 1. It was not error for the trial court to refuse to grant the defendant’s […]

16 S.E.2d 102 FULFORD, administrator, v. SWEAT GASKINS. 28887.Court of Appeals of Georgia. DECIDED APRIL 28, 1941. ADHERED TO ON REHEARING JULY 24, 1941. The judge of the superior court, on appeal from the court of ordinary, trying the case on an agreed statement of facts without the intervention of a jury, did not err, […]

567 S.E.2d 733 COHEN v. TARGET CORP. A02A0703.Court of Appeals of Georgia. DECIDED: JUNE 24, 2002 PHIPPS, Judge. Susan W. Cohen appeals from the trial court’s entry of summary judgment in favor of defendants Target Corp. and Fourth Quarter Properties I, Inc., in this slip-and-fall case. The trial court ruled that Cohen failed to prove […]

676 S.E.2d 388 FULTON COUNTY v. LEGACY INVESTMENT GROUP, LLC; and vice versa. Nos. A09A0371, A09A0372.Court of Appeals of Georgia. DECIDED MARCH 20, 2009. ELLINGTON, Judge. A Fulton County jury returned a verdict against Fulton County in favor of Legacy Investment Group, LLC, on Legacy’s claim for damages under 42 USC § 1983 for alleged […]

629 S.E.2d 15 SANI-AGRI SERVICES, INC. v. CITY OF ALBANY. A05A2323.Court of Appeals of Georgia. DECIDED MARCH 3, 2006. RECONSIDERATION DENIED MARCH 24, 2006. ANDREWS, Presiding Judge. In the course of a lawsuit brought by several property owners alleging groundwater contamination by the City of Albany and its agent Sani-Agri Services, Inc., the City brought […]

641 S.E.2d 628 LAKE v. YOUNG HARRIS ALUMNI FOUNDATION, INC. No. A07A0487.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 2007. PHIPPS, Judge. This case pits Connie Lake against the Young Harris Alumni Foundation, Inc. (YHAF). They both claim to be the beneficiaries of annuities issued by the Midland National Life Insurance Company to Carrie Jane […]

92 S.E.2d 38 DRAFFIN v. MASSEY. 36008.Court of Appeals of Georgia. DECIDED JANUARY 20, 1956. REHEARING DENIED FEBRUARY 3, 1956. 1. It was not error for the trial court to fail to charge the substance of the doctrine of last clear chance for the reasons set forth in the corresponding division of the opinion. 2. […]

686 S.E.2d 259 DAVIS v. THE HARPAGON COMPANY, LLC. No. A09A1735.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 2009. RECONSIDERATION DENIED OCTOBER 28, 2009. BLACKBURN, Presiding Judge. In this civil action, arising from The Harpagon Company, LLC’s (“Harpagon”) purchase at a tax sale of property formerly owned by Karen Davis, Davis appeals the trial court’s […]

297 S.E.2d 329 FUDGE v. THE STATE. 64539.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1982. CARLEY, Judge. Appellant was tried and found guilty by a jury of the offense of armed robbery. He appeals his conviction and sentence of life imprisonment. 1. Appellant contends that his motion for new trial on the general grounds […]

358 S.E.2d 852 HOGUE v. STONE MOUNTAIN MEMORIAL ASSOCIATION. 73866.Court of Appeals of Georgia. DECIDED MAY 29, 1987. REHEARING DENIED JUNE 19, 1987. BANKE, Presiding Judge. Bonnie Hogue sued the Stone Mountain Memorial Association to recover for personal injuries she allegedly sustained when she “stepped off an abrupt, unseen ledge” while walking to a “laser […]

403 S.E.2d 875 CARROLL v. THE STATE. A90A2325.Court of Appeals of Georgia. DECIDED MARCH 8, 1991. COOPER, Judge. Appellant was indicted on five counts of aggravated child molestation and six counts of child molestation. Counts one and two charged appellant with aggravated child molestation as to Brian Willett (“Willett”). Counts three through nine charged appellant […]

164 S.E.2d 358 CRAVEN v. ALLEN et al. 43819.Court of Appeals of Georgia.ARGUED SEPTEMBER 9, 1968. DECIDED OCTOBER 8, 1968. DEEN, Judge. 1. The verdict of the jury in this personal injury case read: “We the jury find in favor of the plaintiff the amount of $10,000, and against the defendant James Hershell Allen in […]

534 S.E.2d 862 SIRMANS v. THE STATE. A00A1246.Court of Appeals of Georgia. DECIDED: MAY 19, 2000. ELDRIDGE, Judge. I. B. Sirmans was convicted of four counts of animal cruelty[1] and one count of simple assault following a jury trial.[2] Without contesting the sufficiency of the evidence, he raises five enumerations of error in this appeal. […]

128 S.E.2d 204 LAW v. THE STATE. 39712.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1962. FRANKUM, Judge. The defendant’s guilt of larceny of an automobile being wholly dependent upon the inference arising from the possession of a part of the stolen automobile after the theft, and this possession being shown by uncontradicted and unimpeached […]

674 S.E.2d 101 OGBURN v. THE STATE. No. A08A2296.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 2009. SMITH, Presiding Judge. John Ogburn appeals from his convictions for attempting to manufacture methamphetamine and possession of methamphetamine with intent to distribute. Ogburn argues that insufficient evidence supports his convictions and that the trial court erred by denying […]

166 S.E.2d 369 LONG v. CHILDERS. 44146.Court of Appeals of Georgia.SUBMITTED JANUARY 6, 1969. DECIDED JANUARY 24, 1969. QUILLIAN, Judge. M. L. Long filed a claim against Judson Childers for damages resulting from a motor vehicle collision. The defendant filed an answer and counterclaim for damages to his automobile. Upon the trial of the case […]

228 S.E.2d 8 STUDSTILL v. AMERICAN OIL COMPANY. 51887.Court of Appeals of Georgia.ARGUED APRIL 8, 1976. DECIDED MAY 21, 1976. REHEARING DENIED JUNE 15, 1976. PANNELL, Presiding Judge. The plaintiff brought an action to recover damages for personal injuries allegedly caused by the defendant. Upon the trial of the case, the jury was unable to […]

115 S.E.2d 459 SLOCUMB et al. v. HOUSING AUTHORITY OF COLUMBUS. 37941.Court of Appeals of Georgia. DECIDED JUNE 6, 1960. NICHOLS, Judge. “Where a proceeding in rem is brought to condemn property for a public use under the provisions of Chapter 36-11 of the Code as amended by the Act of 1938, tender of the […]

137 S.E.2d 401 COOK COUNTY VETERANS OF FOREIGN WARS et al. v. STATE HIGHWAY DEPARTMENT. 40563.Court of Appeals of Georgia. DECIDED MAY 13, 1964. REHEARING DENIED MAY 28, 1964. BELL, Presiding Judge. Exception here is to the judgment of the trial court overruling the motion of the condemnees to dismiss the appeal of the condemnor […]

381 S.E.2d 523 SEAGRAVES v. THE STATE. 76870.Court of Appeals of Georgia. DECIDED APRIL 3, 1989. DEEN, Presiding Judge. Frankie Seagraves was convicted of rape, burglary and aggravated assault. On appeal his attorney asserts the general grounds contending Page 208 that the evidence did not establish beyond a reasonable doubt that he committed the offenses […]

213 S.E.2d 46 HODGES APPLIANCE COMPANY v. UNITED STATES FIDELITY GUARANTY COMPANY et al. 49904.Court of Appeals of Georgia.ARGUED NOVEMBER 6, 1974. DECIDED JANUARY 29, 1975. REHEARING DENIED FEBRUARY 13, 1975. EVANS, Judge. Hodges Appliance Company brought suit against United States Fidelity Guaranty Company because of the insurer’s failure to defend an action at law […]

81 S.E.2d 294 HACKLE v. BOWEN. 34777.Court of Appeals of Georgia. DECIDED MARCH 18, 1954. 1. The return of processioners is not subject to dismissal merely because the processioners may have failed to actually physically mark or trace a portion of the line shown as run on the plat attached to their return, provided the […]

646 S.E.2d 342 DAVIS v. THE STATE. No. A07A0006.Court of Appeals of Georgia. DECIDED MAY 21, 2007. JOHNSON, Presiding Judge. A jury found Rosa Davis guilty of possession of marijuana with intent to distribute, possession of more than an ounce of marijuana and possession of a handgun during the commission of a crime.[1] The trial […]

523 S.E.2d 29 PARROTT v. THE STATE. A99A1666.Court of Appeals of Georgia. DECIDED: SEPTEMBER 28, 1999. BLACKBURN, Presiding Judge. Carey Parrot appeals his jury conviction of financial transaction card theft and giving a false name to a police officer. Parrot contends that: (1) the trial court erred by admitting a bench warrant into evidence Page […]

360 S.E.2d 60 BUILDERS TRANSPORT, INC. v. HALL. 74111.Court of Appeals of Georgia. DECIDED JULY 14, 1987. REHEARING DENIED JULY 27, 1987. BANKE, Presiding Judge. Appellee Hall was employed by the appellant, Builders Transport, Inc., as a salaried truck driver until 1979, when Builders Transport offered him the opportunity to purchase a 1973 Kenworth truck […]

162 S.E.2d 837 WELLS v. JOHNSON. 43814.Court of Appeals of Georgia.SUBMITTED JULY 3, 1968. DECIDED JULY 11, 1968. JORDAN, Presiding Judge. An order ruling on the defendant’s objections to the plaintiff’s interrogatories, not certified by the trial court within ten days of entry thereof for immediate review, is not subject to direct appeal. Section 1 […]

44 S.E.2d 171 MOZLEY v. STATE. 31761.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1947. MacINTYRE, P. J. 1. The trial judge did not err in refusing to grant the defendant a change of venue either because there was a probability or danger of lynching or other violence or because an impartial jury could not […]

679 S.E.2d 742 OAKHURST PRESBYTERIAN CHURCH, INC. v. HENDRIX. No. A09A0464.Court of Appeals of Georgia. DECIDED MAY 21, 2009. RECONSIDERATION DENIED JUNE 5, 2009. BARNES, Judge. Louise Hendrix sued Oakhurst Presbyterian Church, Inc. after she fell on a staircase at the church and was injured. Oakhurst filed a motion for summary judgment which the court […]

208 S.E.2d 333 SEANEY COMPANY, INC. v. KATZ. 49078.Court of Appeals of Georgia.ARGUED FEBRUARY 7, 1974. DECIDED JUNE 28, 1974. REHEARING DENIED JULY 18, 1974. PANNELL, Judge. The facts here are immaterial. Briefly, the parties entered into an oral contract for interior decorating services. Appellant subsequently terminated these services and dispute arose over the balance […]