Category: Georgia Supreme Court Opinions

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 […]

299 S.E.2d 78 GOLDBERG et al. v. BLACK. 64963.Court of Appeals of Georgia. DECIDED JANUARY 4, 1983. DEEN, Presiding Judge. On the prior appearance of this case (Goldberg v. Black, 156 Ga. App. 872 (275 S.E.2d 810) (1981)), the question at issue was whether Goldberg’s complaint for return of $3,000 earnest money toward the purchase […]

438 S.E.2d 691 MERRITT v. THE STATE. A93A2301.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1993. JOHNSON, Judge. Ronnie Merritt appeals from his conviction of selling cocaine. 1. Merritt complains that the court erred in denying his motion for a directed verdict of acquittal. The State presented an undercover police officer who testified that Merritt […]

344 S.E.2d 762 SNOW v. THE STATE. 71833.Court of Appeals of Georgia. DECIDED APRIL 29, 1986. BENHAM, Judge. Appellant was convicted of rape, aggravated assault, and two counts each of aggravated sodomy, kidnapping, and armed robbery. His sole enumeration of error is the trial court’s refusal to grant his motion for a continuance made on […]

135 S.E.2d 519 McCANN, Administratrix v. LINDSEY; and vice versa. 40524, 40525.Court of Appeals of Georgia. DECIDED JANUARY 27, 1964. REHEARING DENIED FEBRUARY 11, 1964. HALL, Judge. The general and the special grounds of the defendant’s motion for new trial raise the questions whether the verdict for the plaintiff and the trial court’s instructions to […]

504 S.E.2d 496 CINCINNATI INSURANCE CO. v. KASTNER, et al. A98A0654.Court of Appeals of Georgia. DECIDED JULY 7, 1998 — RECONSIDERATION DENIED JULY 28, 1998 — CERT. APPLIED FOR. POPE, Presiding Judge. This lawsuit was filed by Rhonda and Thomas Kastner to recover insurance benefits under their homeowners insurance policy with Cincinnati Insurance Company (“Cincinnati”) […]

712 S.E.2d 603 JONES, MARTIN, PARRIS TESSENER LAW OFFICES, PLLC v. WESTREX CORPORATION. No. A11A0321.Court of Appeals of Georgia. DECIDED JUNE 21, 2011. BARNES, Presiding Judge. This case involves the value of a discharged law firm’s attorney fee lien and the proper procedures and evidence for determining that value. Martin Jones[1] had a contingency fee […]

576 S.E.2d 1 BALL v. FULTON-DEKALB HOSPITAL AUTHORITY, et al. A02A1438, A02A0890.Court of Appeals of Georgia. October 18, 2002 Reconsideration Denied December 17, 2002 MIKELL, Judge. Thomas Ball filed a discrimination action against the Fulton-DeKalb Hospital Authority (“FDHA”), pursuant to the Americans with Disabilities Act. A Fulton County jury awarded Ball $17,200 Page 900 and […]

265 S.E.2d 818 TATE v. THE STATE. 59025.Court of Appeals of Georgia.ARGUED NOVEMBER 20, 1979. DECIDED JANUARY 24, 1980. REHEARING DENIED FEBRUARY 18, 1980. QUILLIAN, Presiding Judge. The defendant appeals his conviction of criminal attempt to commit an armed robbery. Held: 1. Connie Downer, an employee of Majik Market in Powder Springs, Georgia was confronted […]

94 S.E.2d 503 HOLLAND et al. v. PHILLIPS et al. SOMERS CONSTRUCTION CO., INC. v. PHILLIPS et al. 36275, 36323.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1956. 1. It is not necessary to sustain the cause of action that one suing for the value of the life of a guest passenger in an automobile […]

177 S.E.2d 125 NATIONAL UNION FIRE INSURANCE COMPANY et al. v. JOHNSTON. 45385.Court of Appeals of Georgia.ARGUED JUNE 2, 1970. DECIDED JULY 14, 1970. REHEARING DENIED JULY 29, 1970. JORDAN, Presiding Judge. 1. It is well settled that a review under Code § 114-708, as amended, by the State Board of Workmen’s Compensation of the […]

296 S.E.2d 250 BISHOP et al. v. STEPHENS. 64751.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1982. QUILLIAN, Chief Judge. This case arose out of an action brought against the defendant (seller of a certain house) for failure to inform the plaintiffs (purchasers of the house) of latent defects in the sewer and toilet system […]

139 S.E.2d 427 COTTON STATES MUTUAL INSURANCE COMPANY v. DAVIS. 40974.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 1964. RUSSELL, Judge. 1. Prior to this action by the insured on a policy issued by the defendant insuring the plaintiff’s automobile against physical damage, there occurred a long drawn out series of negotiations between the parties […]

561 S.E.2d 185 BAKER v. THE STATE. 71-093C A01A2342.Court of Appeals of Georgia. DECIDED: FEBRUARY 22, 2002 MILLER, Judge. Evidence showed that Stanley Baker beat a male victim, forced him at gunpoint to give his car keys to an accomplice, and coerced him and a female victim to leave with Baker and two cohorts in […]

492 S.E.2d 761 AMADO et al. v. CITY OF ATLANTA et al. A97A1544.Court of Appeals of Georgia. DECIDED OCTOBER 10, 1997. RUFFIN, Judge. Karen Amado and Joel Cogdell, doing business as Onyx Productions International, sued the City of Atlanta (“the City”), the City Attorney, members of the City Council, and Forrest Johnson (collectively “the defendants”) […]

308 S.E.2d 6 SLAUGHTER v. THE STATE. 66137.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1983. REHEARING DENIED SEPTEMBER 21, 1983. SHULMAN, Chief Judge. Appellant was convicted of possession of cocaine and possession of less than an ounce of marijuana. Cocaine was found on appellant’s person when he was arrested. Subsequently, the arresting officer obtained […]

511 S.E.2d 520 CARTER v. MOODY; and vice versa. A98A2160, A98A2161.Court of Appeals of Georgia. DECIDED: FEBRUARY 5, 1999. BLACKBURN, Judge. In this contract action, the estate of Larry V. Carter appeals the trial court’s denial of its motion for summary judgment, contending that it should be allowed to argue at trial that an agreement […]

176 S.E.2d 196 ANDERSON v. CRIPPEN et al. 45027.Court of Appeals of Georgia.ARGUED JANUARY 13, 1970. DECIDED MAY 20, 1970. REHEARING DENIED JUNE 15, 1970. Where on motion for summary judgment in a malpractice action the plaintiff showed that recovery from a wrist fracture had been unsatisfactory and alleged that this was due to faulty […]

272 S.E.2d 768 MULRYAN v. THE STATE. 60185.Court of Appeals of Georgia.SUBMITTED JULY 7, 1980. DECIDED SEPTEMBER 22, 1980. BIRDSONG, Judge. Appellant and a co-defendant were convicted of three counts of armed robbery in Chatham County. Mulryan’s appeal, enumerating two errors, is without merit. The appellant attributes error to the trial court’s admission of hearsay […]

92 S.E.2d 300 ATLANTIC COAST LINE R. CO. v. POPE. 36065.Court of Appeals of Georgia. DECIDED MARCH 14, 1956. Whether or not the doctrine of forum non conveniens is applicable in the State of Georgia, such doctrine must be applied here as the law of the case, for the reason that the trial court overruled […]

607 S.E.2d 221 COURRIER v. THE STATE. A05A0351.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 2004. BLACKBURN, Presiding Judge. Following his sexual battery and child cruelty convictions and the denial of his motion for new trial, Michael Edward Courrier appeals, arguing that the trial court erred in limiting his cross-examination of two witnesses and in […]

549 S.E.2d 125 IN THE INTEREST OF F. C., et al., children. A01A0780.Court of Appeals of Georgia. DECIDED: MARCH 20, 2001 MIKELL, Judge. The biological mother of F. C., A. C., and H. A.[1] appeals the juvenile court’s order terminating her parental rights.[2] Having determined that the evidence supports the termination and that no reversible […]

225 S.E.2d 731 LIBERTY FOREST PRODUCTS, INC. v. INTERSTATE PAPER CORPORATION. 51936.Court of Appeals of Georgia.ARGUED MARCH 2, 1976. DECIDED MARCH 17, 1976. WEBB, Judge. The trial court entered an order granting summary judgment to plaintiff Interstate on the basis that opposing Page 154 materials were not served and filed until the date of the […]

443 S.E.2d 856 ATLANTA MECHANICAL, INC. v. DeKALB COUNTY. PALMER BRICK TILE COMPANY v. DeKALB COUNTY. A93A0820, A93A0821.Court of Appeals of Georgia. DECIDED APRIL 1, 1994. RECONSIDERATION DENIED APRIL 18, 1994. BEASLEY, Presiding Judge. Atlanta Mechanical, Inc., a subcontractor on a public works project, and Palmer Brick Tile Company, a material supplier for the same […]

253 S.E.2d 425 MOORE v. TRANSPORT INDEMNITY COMPANY et al. 57106.Court of Appeals of Georgia.ARGUED JANUARY 16, 1979. DECIDED FEBRUARY 9, 1979. BIRDSONG, Judge. Worker’s compensation case. The appellant Moore appeals the award of the administrative law judge denying compensation based upon the invalidity of Moore’s claim filed in violation of the applicable statute of […]

433 S.E.2d 653 GRIFFIN et al. v. LOPER. A93A1324.Court of Appeals of Georgia. DECIDED JUNE 24, 1993. RECONSIDERATION DENIED JULY 14, 1993. BIRDSONG, Presiding Judge. Appellants/plaintiffs, David A. Griffin and Carolyn Griffin, appeal from the judgment entered on July 22, 1992, in behalf of appellee/defendant. The notice of appeal was filed August 20, 1992, while […]

506 S.E.2d 427 SMITH, BASSETT, PURCELL KOENIG v. WORD OF GOD MINISTRIES, INC., et al. A98A1463.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1998. SMITH, Judge. Smith, Bassett, Purcell Koenig, attorneys at law, represented The Word of God Ministries, Inc., Willie Callaway, and Yvette Callaway (collectively “the church”), in a dispute with the seller of […]

539 S.E.2d 919 ALBRIGHT et al. v. PETERSON. et al. A00A1256.Court of Appeals of Georgia. DECIDED: OCTOBER 3, 2000 BARNES, Judge. The Albrights, maternal grandparents of D.M.P., appeal the Final Decree of Adoption that denied their petition to adopt D.M.P. and granted the adoption petition of the Petersons, the child’s paternal uncle and aunt. For […]

523 S.E.2d 615 CHUNG v. THE STATE. A99A1178.Court of Appeals of Georgia. DECIDED: OCTOBER 18, 1999. BLACKBURN, Presiding Judge. Jae Wook Chung appeals his conviction, following a jury trial, for two counts of aggravated battery, aggravated assault, and cruelty to children, contending: (1) that the evidence was insufficient to support the verdict; (2) that the […]

44 S.E.2d 516 LEE v. PALMER. 31731.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1947. 1. In an action in trover by a plaintiff against his former wife to recover certain personal property in the home at the time of the separation, where the evidence authorized a finding that the plaintiff agreed with the defendant […]

685 S.E.2d 501 CLINE v. THE STATE. No. A09A1143.Court of Appeals of Georgia. DECIDED October 27, 2009. DOYLE, Judge. Following a jury trial, James Cline appeals his conviction of aggravated sexual battery[1] and cruelty to children, [2] contending that (1) the trial court erroneously granted the State’s motion in limine regarding a State’s witness’s first-offender […]

189 S.E.2d 868 EMANUEL COUNTY SCHOOL DISTRICT v. PORTWOOD et al. 46840.Court of Appeals of Georgia.ARGUED JANUARY 4, 1972. DECIDED APRIL 12, 1972. BELL, Chief Judge. The trial court denied the school district’s motion for summary judgment and certified the denial for direct appeal. The plaintiffs brought this suit to recover for the wrongful death […]

491 S.E.2d 834 MINE CHEN et al. v. ALEXANDER TERRY ASSOCIATES, INC. A97A0938.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1997. ANDREWS, Chief Judge. Alexander Terry Associates, Inc. (ATA) brought an action against three individual defendants, Mine Chen, Ya-Min Xie, and David Ogle, doing business as “R D Design f/k/a and a/k/a Royal Design, Inc.” […]

137 S.E.2d 487 HUGHES v. JACKSON. 40480.Court of Appeals of Georgia. DECIDED JUNE 4, 1964. 1. The petition is not subject to general demurrer. 2. Where a special demurrer makes the mistake of including in its attack averments of the petition that are not subject to the criticism made, it should be overruled because of […]

587 S.E.2d 800 KACE INVESTMENTS, L.P. v. HULL et al.; and vice versa. A03A1012, A03A1013.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 2003 MILLER, Judge. James M. Hull owns land developed as a shopping center adjacent to land owned and developed by Kace Investments, L.P. The two tracts of land are subject to mutual easements. […]

595 S.E.2d 549 GRINDLE v. THE STATE. A04A0367Court of Appeals of Georgia. DECIDED: FEBRUARY 19, 2004 PHIPPS, Judge. Paul Grindle, David Plunkett, and Theodora Gonzalez were each charged with one count of theft by taking and with numerous counts of financial transaction card theft. Gonzalez entered a guilty plea and appeared as a state’s witness […]

111 S.E.2d 724 LIFE CASUALTY INSURANCE COMPANY OF TENNESSEE v. LINGERFELT. 37837.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1959. CARLISLE, Judge. 1. The petition in this suit on a policy of accident insurance alleged, as amended, that all premiums had been duly paid; that the policy sued on insured against death directly, independently and […]

487 S.E.2d 713 SOUTHERN FIRE CASUALTY COMPANY v. FREEMAN. A96A0596.Court of Appeals of Georgia. DECIDED JUNE 20, 1997. BLACKBURN, Judge. In Southern Fire c. Co. v. Freeman, 222 Ga. App. 308 (474 S.E.2d 195) (1996), we affirmed the trial court’s order granting Sarah Freeman’s motion for summary judgment on the issue of Southern Fire’s compliance […]

55 S.E.2d 753 TOWN OF FORT OGLETHORPE et al. v. CATOOSA COUNTY et al. 32698.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1949. 1. (a) No writ of error shall be dismissed for the failure of the clerk of the lower court to transmit the proper papers within the time allowed by law, unless such […]

206 S.E.2d 726 PRITCHETT v. RAINEY. 48837.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1974. DECIDED APRIL 2, 1974. BELL, Chief Judge. Plaintiff brought a two-count complaint. He made a motion for summary judgment as to Count 1. The motion was denied and the denial was certified for direct appeal. Held: As plaintiff has failed to […]

127 S.E.2d 817 LESTER v. LUTTRELL. 39622.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1962. REHEARING DENIED SEPTEMBER 21, 1962. Here the affidavit to the writ for attachment was not made before a judicial officer; there was no return of the writ, and no declaration in attachment made. For any one of these reasons the […]

389 S.E.2d 402 JONES v. THE STATE. A89A1216.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1989. POPE, Judge. Defendant Jones was convicted of armed robbery. The evidence at trial showed that two men entered the Waffle House on Wrightsboro Road in Augusta about 4:00 a. m. on February 17, 1988. They ordered two cups of […]

623 S.E.2d 255 VINCENT v. THE STATE. A05A1997.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 2005. BLACKBURN, Presiding Judge. Following a jury trial in which he was convicted of burglary, Robert E. Vincent appeals the trial court’s denial of his motion for a new trial, contending: (1) the trial court deprived him of his constitutional […]

395 S.E.2d 56 THE STATE v. SLAVNY. A90A0118.Court of Appeals of Georgia. DECIDED MAY 31, 1990. BEASLEY, Judge. The State has been permitted under OCGA § 5-7-2 to appeal a denial of its motion to compel Slavny, charged with abandonment of a dependent child, to submit to human leukocyte antigen blood testing to determine paternity. […]

216 S.E.2d 674 HOBBS v. THE STATE. 50447.Court of Appeals of Georgia.SUBMITTED APRIL 7, 1975. DECIDED MAY 15, 1975. BELL, Chief Judge. Defendant was indicted for two counts of murder. He was acquitted of one, the alleged murder of his wife, but convicted of voluntary manslaughter as to the other count. Held: 1. Testimony was […]

611 S.E.2d 663 HOSPITAL AUTHORITY OF HOUSTON COUNTY et al. v. BOHANNON. A04A2004.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 2005. RECONSIDERATION DENIED MARCH 10, 2005. ELLINGTON, Judge. William Bohannon filed an action seeking a determination that his health benefits plan provided coverage for a stem cell transplant as treatment for his kidney cancer. Bohannon […]

159 S.E.2d 128 FARM SUPPLY COMPANY OF ALBANY, INC. v. COOK. 43019.Court of Appeals of Georgia.ARGUED SEPTEMBER 5, 1967. DECIDED NOVEMBER 16, 1967. REHEARING DENIED DECEMBER 11, 1967. 1. Construction of ambiguous written contracts is a matter for the court, and no jury question is raised unless after application of all applicable rules of construction […]

164 S.E.2d 916 NEVELS v. ENGRAM. 43972.Court of Appeals of Georgia.ARGUED OCTOBER 9, 1968. DECIDED NOVEMBER 12, 1968. DEEN, Judge. The only ruling appealed from in this case is one sustaining a motion to dismiss the defendant’s cross action. This is not an appealable judgment. Code Ann. § 6-701; Norbo Trading Corp. v. Wohlmuth, 223 […]

153 S.E.2d 665 BROWN v. ELLIOTT. 42456.Court of Appeals of Georgia.ARGUED JANUARY 9, 1967. DECIDED JANUARY 24, 1967. QUILLIAN, Judge. The appeal in the instant case was taken from the sustaining of a general demurrer to the plaintiff’s petition. The defendants have moved to dismiss this appeal on the ground that it is premature because […]

38 S.E.2d 626 BROWNLEE v. FORD. 31259.Court of Appeals of Georgia. DECIDED JUNE 6, 1946. The alleged defamatory words complained of in the petition do not come within the purview of any of the provisions of the Code, § 105-702, defining slander; and therefore the court did not err in sustaining the general demurrer to […]

387 S.E.2d 27 SANDNER v. THE STATE. A89A1238.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1989. CARLEY, Chief Judge. By an accusation filed in January of 1988, appellant was charged in alternative counts with driving under the influence in violation of subsection (1) and (4) of OCGA § 40-6-391 (a). The alleged crime occurred on […]

263 S.E.2d 277 COWART v. WEBSTER. 58779.Court of Appeals of Georgia.SUBMITTED OCTOBER 30, 1979. DECIDED NOVEMBER 26, 1979. BANKE, Judge. The plaintiff filed this negligence action on behalf of her ward, Tony Curtis Morgan, who was severely injured when he fell or jumped from the back of a truck driven by the defendant. Morgan was […]

470 S.E.2d 922 WILLIAMS v. THE STATE. A96A0009.Court of Appeals of Georgia. DECIDED MAY 6, 1996. RUFFIN, Judge. Al Williams pled guilty to stalking. He appeals from the judgment of conviction, sentence and the denial of his motion to withdraw his guilty plea. Because the trial court erred in denying Williams’ motion to withdraw his […]

125 S.E.2d 106 AMERICAN IRON METAL COMPANY v. NATIONAL CYLINDER GAS COMPANY. 39059.Court of Appeals of Georgia. DECIDED JANUARY 31, 1962. REHEARING DENIED FEBRUARY 16, 1962 AND MARCH 5, 1962. The court did not err in denying the motion for a new trial. DECIDED JANUARY 31, 1962 — REHEARING DENIED FEBRUARY 16, 1962 AND MARCH […]

99 S.E.2d 474 JENKINS v. THE STATE. 36706.Court of Appeals of Georgia. DECIDED JUNE 17, 1957. TOWNSEND, J. 1. “Alibi, as a defense, involves the impossibility of the accused’s presence at the scene of the offense at the time of its commission; and the range of the evidence, in respect to time and place, must […]

313 S.E.2d 706 PRUDENTIAL PROPERTY CASUALTY INSURANCE COMPANY v. PRITCHETT. 66388.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1983. REHEARING DENIED JANUARY 26, 1984. SOGNIER, Judge. Appellee Edgar Pritchett sued to enforce payment for an automobile accident claim allegedly covered under the provisions of an automobile insurance policy issued to him by Prudential Property and […]

307 S.E.2d 16 BRASINGTON v. KING. 65956.Court of Appeals of Georgia. DECIDED JUNE 30, 1983. REHEARING DENIED JULY 22, 1983. McMURRAY, Presiding Judge. Plaintiff in his capacity as administrator of the estate of his deceased wife filed his complaint in this action. Named as defendants in this action were James and McClellan, partners in an […]

501 S.E.2d 10 FLANTROY v. THE STATE. A98A0010.Court of Appeals of Georgia. DECIDED MARCH 31, 1998. JOHNSON, Judge. Charles Flantroy appeals from his conviction for entering an automobile with intent to commit theft and the denial of his motion for new trial. The trial court appointed an assistant public defender to represent Flantroy. Nine days […]

296 S.E.2d 84 MADDOX v. ALLSTATE INSURANCE COMPANY et al. 64338.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1982. REHEARING DENIED OCTOBER 19, 1982. SHULMAN, Presiding Judge. This action on a retail vehicle lease was initiated by the lessor of an automobile leased by appellant. The automobile was allegedly stolen and wrecked in February 1979. […]

149 S.E.2d 420 ROBINSON v. THE STATE. 42017.Court of Appeals of Georgia.ARGUED MAY 3, 1966. DECIDED MAY 10, 1966. HALL Judge. The defendant appeals from his conviction of abandonment of his illegitimate child. The ground contended by the defendant for reversal is that the Superior Court of Butts County was without jurisdiction because the undisputed […]

282 S.E.2d 174 BENTON et al. v. LESTER. 61499.Court of Appeals of Georgia. DECIDED MAY 29, 1981. SHULMAN, Presiding Judge. Appellee brought suit against defendants-guarantors on defendants’ written guarantee of a lease contract under which appellee was landlord. The lease agreement provided for the tenant to pay a monthly rental and, in special stipulations, provided […]

316 S.E.2d 847 STEPHENS v. THE STATE. 67550.Court of Appeals of Georgia. DECIDED MARCH 13, 1984. BANKE, Judge. Appellant Stephens and two co-defendants were tried by jury and convicted of seven counts of armed robbery. The following facts were established by the state’s evidence. The appellant and one of his co-defendants entered a cafe about […]

669 S.E.2d 498 MOORE v. THE STATE. No. A08A2295.Court of Appeals of Georgia. DECIDED: NOVEMBER 14, 2008. BLACKBURN, Presiding Judge. More than three-and-one-half years after being arrested for molesting his stepdaughter, Willie Moore was indicted on charges of statutory rape, [1] aggravated child molestation, [2] and child molestation.[3] When Moore moved to dismiss the charges […]

552 S.E.2d 906 WILEY v. THE STATE. A01A1026.Court of Appeals of Georgia. DECIDED: JULY 25, 2001 RUFFIN, Judge. A jury found Timothy Wiley guilty of attempted murder and theft by taking.[1] On appeal, Wiley contends that the state failed to disprove his entrapment defense beyond a reasonable doubt. Wiley also contends that the trial court […]

211 S.E.2d 135 BLANCHARD v. WESTVIEW CEMETERY, INC. 49367.Court of Appeals of Georgia.ARGUED MAY 8, 1974. DECIDED OCTOBER 8, 1974. REHEARING DENIED NOVEMBER 8, 1974. STOLZ, Judge. The plaintiff widow brought a tort action against the defendant cemetery for the alleged unauthorized and unlawful moving of the body of her late husband and the Page […]

460 S.E.2d 86 GRAY et al. v. JOHN R. VAUGHN, M.D., P.C. A95A0691.Court of Appeals of Georgia. DECIDED JULY 6, 1995. RECONSIDERATIONS DENIED JULY 13, 1995 AND JULY 14, 1995. CERT. APPLIED FOR. BLACKBURN, Judge. This is an appeal by plaintiffs/appellants from the trial court’s grant of summary judgment in favor of defendant/appellee John R. […]

204 S.E.2d 510 PENICK v. GRIMSLEY. 48902.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1974. DECIDED JANUARY 30, 1974. QUILLIAN, Judge. The appellant filed a claim against the appellant which alleged that the appellee sustained certain injuries when appellant’s dog caused her to be thrown to the ground. The appellant filed a motion for summary judgment […]

381 S.E.2d 444 SALCEDO v. THE STATE. 75931.Court of Appeals of Georgia. DECIDED MARCH 10, 1989. DEEN, Presiding Judge. The decision of the Court of Appeals in this case having been reversed by the Supreme Court in Salcedo v. State, 258 Ga. 870 (376 S.E.2d 360) (1989), our decision in Salcedo v. State, 188 Ga. […]

504 S.E.2d 559 LEVERETT et al. v. JASPER COUNTY BOARD OF TAX ASSESSORS. A98A0243.Court of Appeals of Georgia. DECIDED JULY 16, 1998. ELDRIDGE, Judge. The trial court in this bench trial committed legal error in entering a judgment for the Jasper County Board of Tax Assessors (“Assessors”) for two reasons that caused the assessments to […]

316 S.E.2d 814 HENDERSON v. THE STATE. 67488.Court of Appeals of Georgia. DECIDED MARCH 8, 1984. SOGNIER, Judge. Appellant was convicted of burglary and appeals on the general grounds. On February 1, 1982 Rusty Kelley’s trailer home was burglarized between 9:15 and 9:45 a. m. The same afternoon a guitar and a rifle taken in […]

112 S.E.2d 630 GENERAL ACCIDENT, FIRE LIFE ASSURANCE CORPORATION, LTD. v. FOUNTAIN, by Next Friend. 37888.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1959. REHEARING DENIED DECEMBER 3, 1959. 1. Under the provisions of Section 1 of the 1949 act of the General Assembly (Ga. L. 1949, p. 1155), it became mandatory upon the members […]

231 S.E.2d 468 MARK TRAIL CAMPGROUNDS, INC. v. FIELD ENTERPRISES, INC. 52971.Court of Appeals of Georgia.ARGUED OCTOBER 5, 1976. DECIDED NOVEMBER 12, 1976. REHEARING DENIED DECEMBER 1, 1976. SMITH, Judge. The appeal in this case was upon a paupers affidavit executed by a corporate official. Appellee seeks a dismissal of the appeal “on the ground […]

176 S.E.2d 493 RYCKELEY v. GEORGIA POWER COMPANY. 44909.Court of Appeals of Georgia.ARGUED JANUARY 5, 1970. DECIDED JUNE 12, 1970. REHEARING DENIED JUNE 29, 1970. WHITMAN, Judge. This action by a mother for the alleged wrongful death of her 11-year-old son resulted in a directed verdict for the defendant. The decedent was killed when he […]

500 S.E.2d 383 EPPINGER v. THE STATE. A98A0190.Court of Appeals of Georgia. DECIDED MARCH 25, 1998. JUDGE HAROLD R. BANKE. Preston Eppinger was convicted of possession of cocaine with intent to distribute and possession of marijuana with intent to distribute. He enumerates five errors on appeal. This case arose after a confidential informant and Sergeant […]

145 S.E.2d 281 ALWOOD v. COMMERCIAL UNION ASSURANCE COMPANY, LTD. 41485.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1965. DECIDED SEPTEMBER 28, 1965. FRANKUM, Judge. 1. The record in this case shows without dispute that the fire loss for which suit was brought occurred on April 4, 1960, and that suit was not filed until November […]

667 S.E.2d 874 McFARLAND McFARLAND, P.C. v. HOLTZCLAW et al. No. A08A1470.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 2008. MILLER, Judge. McFarland McFarland, P.C. (“McFarland”), a law firm, appeals from the trial court’s denial of its motion for sanctions against its former clients, Benjamin Ray Holtzclaw and George Ray Holtzclaw, Page 664 for failure […]

508 S.E.2d 188 LEWIS et al. v. LEASE ATLANTA, INC. A98A1677.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1998. Judge Harold R. Banke Lease Atlanta, Inc. (“Lease Atlanta”) sued George Williams Lewis and his guarantor, Veda F. Lewis (collectively “Lewis”), for breach of a vehicle lease agreement. In three enumerations of error, Lewis appeals the […]

321 S.E.2d 805 HARPER v. THE STATE. 68469.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1984. SOGNIER, Judge. Appellant appeals his conviction of armed robbery. 1. Appellant and a second man offered the victim a ride from the Fort Gordon bus station to the Augusta bus station. En route, appellant put a gun to the […]

32 S.E.2d 554 RHINDRESS v. ATLANTIC STEEL COMPANY. 30503.Court of Appeals of Georgia. DECIDED DECEMBER 19, 1944. 1. The following essential elements must be shown before an employee can recover an original award under the workmen’s compensation act: (1) That there was an “accidental injury;” (2) That it arose out of and in the course […]

316 S.E.2d 860 MORRIS v. THE STATE. 67560.Court of Appeals of Georgia. DECIDED MARCH 14, 1984. BIRDSONG, Judge. Appellant was convicted of possession of cocaine (OCGA §§16-13-26 (1) (D), 16-13-30 (a) (c)) and possession with the intent to distribute more than one ounce of marijuana (OCGA §16-13-30 (j) (1)). In his appeal, appellant enumerates two […]

534 S.E.2d 847 RABENSTEIN v. CANNIZZO. A00A0300.Court of Appeals of Georgia. DECIDED: MAY 19, 2000. ANDREWS, Presiding Judge. While driving an automobile insured by Allstate Insurance Company, Jill Cannizzo collided with an automobile driven by Jessie Rabenstein. Rabenstein sued Cannizzo for personal injury caused by the October 3, 1995 collision, and Cannizzo moved for summary […]

588 S.E.2d 807 BAILEY v. THE STATE. A03A1233.Court of Appeals of Georgia. DECIDED: OCTOBER 14, 2003 ANDREWS, Presiding Judge. Marlin Reynaldo Bailey appeals from the denial of his motion for new trial following his conviction by a jury of aggravated assault, contending that the trial court improperly gave a jury instruction on self-defense from Spradlin […]

377 S.E.2d 504 CITY OF EATONTON v. FEW et al. 76858.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1988. REHEARING DENIED DECEMBER 20, 1988. CARLEY, Judge. This is the second appearance of this wrongful death case before this court. In Few v. City of Eatonton, 179 Ga. App. 110 (345 S.E.2d 657) (1986), we reversed […]

556 S.E.2d 540 SHELTON v. THE STATE. A01A0909.Court of Appeals of Georgia. DECIDED: NOVEMBER 15, 2001 ANDREWS, Presiding Judge. Richard Shelton was convicted by a Fulton County jury of one count of theft by taking and two counts of armed robbery. On appeal, he claims the trial court erred in (1) failing to suppress evidence, […]

310 S.E.2d 570 CITY OF ATLANTA et al. v. HADJISIMOS et al. 66300.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1983. SOGNIER, Judge. The City of Atlanta brought this action on behalf of the Metropolitan Atlanta Rapid Transit Authority (MARTA) to condemn property owned by appellees Demetrios Hadjisimos and Nicholas Dragoumaniotis and leased by appellee […]

429 S.E.2d 285 JOHNSON v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY et al. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY v. JOHNSON. A92A2084, A92A2085.Court of Appeals of Georgia. DECIDED MARCH 3, 1993. RECONSIDERATION DENIED MARCH 17, 1993. BLACKBURN, Judge. Allan B. Johnson, Jr., was employed by MARTA for 14 years, first as manager of procurement and then as […]

435 S.E.2d 259 WALKER v. THE STATE. A93A0962.Court of Appeals of Georgia. DECIDED AUGUST 13, 1993. BEASLEY, Presiding Judge. Walker was indicted in two counts with sale of cocaine and possession of cocaine with intent to distribute. OCGA § 16-13-30 (b). He was convicted of the sale, acquitted of the latter, and sentenced to mandatory […]

350 S.E.2d 801 HALL v. THE STATE. 72797.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 1986. REHEARING DENIED NOVEMBER 19, 1986. CARLEY, Judge. Appellant was tried before a jury on a three-count indictment. Count One alleged the commission of an aggravated assault against a named individual. Counts Two and Three alleged that appellant had falsely […]

449 S.E.2d 901 RYNERSON v. SCHAT. A94A2825.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 1994. JOHNSON, Judge. James Rynerson appeals the trial court’s denial of his motions to intervene, to vacate order authorizing a levy and to set aside a judicial sale of a 1982 De Lorean automobile. The facts underlying the action in which […]

286 S.E.2d 334 SMITHS’ PROPERTIES, INC. v. RTM ENTERPRISES, INC. 62499.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1981. DEEN, Presiding Judge. RTM Enterprises leased a building from Smiths’ Properties which was constructed according to appellee’s specifications for use as an Arby’s Restaurant. The lease was for a twenty-year period with an option permitting RTM […]

261 S.E.2d 434 DIAMOND v. THE STATE. 58282.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED OCTOBER 11, 1979. QUILLIAN, Presiding Judge. Defendant appeals his conviction in a jury trial for the offense of driving a motor vehicle 40 miles per hour in a 25 mile per hour zone in Savannah. Held: 1. Defendant was […]

334 S.E.2d 725 PATTERSON v. CITY COUNCIL OF SPARTA. 70651.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1985. DEEN, Presiding Judge. T. M. Patterson, Sr., Mayor of Sparta, Georgia, filed suit against the City Council of Sparta and its individual members, seeking a declaratory judgment that the mayor has authority under the Charter of the […]

507 S.E.2d 233 THE STATE v. KAYLOR. A98A1952.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1998. BLACKBURN, Judge. The State does not enumerate as error, or argue on appeal, the trial court’s exclusion of the breathalyzer test based on the State’s failure to accommodate Kaylor’s request for an independent blood test pursuant to OCGA § […]