Category: Georgia Supreme Court Opinions

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 […]

553 S.E.2d 197 MOSELY v. THE STATE A01A1526.Court of Appeals of Georgia. DECIDED: JULY 31, 2001 ELLINGTON, Judge. A Jeff Davis County jury convicted Terrance Jay Mosely of armed robbery, O.C.G.A. § 16-8-41 (a). Mosely appeals from the denial of his motion for new trial, contending the trial court erred in admitting his custodial statement. […]

361 S.E.2d 860 GARRISON v. DEPARTMENT OF HUMAN RESOURCES. 74921.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1987. McMURRAY, Presiding Judge. This is an action on an account. Plaintiff State of Georgia, Department of Human Resources seeks to recover a sum allegedly due from defendant Garrison under the provisions of “The Patient Cost of Care […]

239 S.E.2d 176 RICKERT v. HILL AIRCRAFT LEASING CORPORATION. 54458.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1977. DECIDED SEPTEMBER 30, 1977. REHEARING DENIED OCTOBER 14, 1977. DEEN, Presiding Judge. Hill Aircraft filed an attachment against the appellant on October 2, 1975, alleging a debt of $582.55 and that the defendant “has concealed himself.” The attachment […]

336 S.E.2d 287 LIDSTER v. JONES et al. 70452.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1985. REHEARING DENIED OCTOBER 11, 1985. BENHAM, Judge. On July 8, 1984, appellant’s two-year-old daughter was bitten by a dog belonging to defendant Jones, a tenant in the apartment complex owned by appellee Slavenski, as general partner of appellee […]

453 S.E.2d 123 BALLARD v. SOUTHERN REGIONAL MEDICAL CENTER, INC. A94A2107.Court of Appeals of Georgia. DECIDED JANUARY 19, 1995. CERT. APPLIED FOR. BEASLEY, Chief Judge. Ballard went to Southern Regional Medical Center to correct an error on the records concerning a broken toe he had suffered two days earlier. While walking down a hallway he […]

100 S.E.2d 598 BUTLER v. KANE. 36846.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1957. The trial judge erred in denying the motion for new trial. DECIDED OCTOBER 18, 1957. Tort; homicide of child by automobile. Before Judge Brown. Monroe Superior Court. June 21, 1957. Inez Butler filed a suit against Joseph Charles Kane for […]

128 S.E.2d 374 BEDINGFIELD v. McCULLOUGH. 39762.Court of Appeals of Georgia. DECIDED OCTOBER 16, 1962. In an action seeking to remove obstructions from a private way where the verdict for the defendant and against the prescriber was demanded by the evidence, the trial court did not err in directing the jury to so find. DECIDED […]

332 S.E.2d 394 VAN BUSKIRK et al. v. GREAT AMERICAN BANK OF BROWARD COUNTY. 70301.Court of Appeals of Georgia. DECIDED JUNE 11, 1985. BIRDSONG, Presiding Judge. The trial court, upon a hearing, domesticated a Florida judgment against Robert Van Buskirk and Darlene Van Buskirk, residents of Fannin County, Georgia, upon two commercial loans in the […]

470 S.E.2d 484 SHY v. THE STATE A96A0123 A96A0485Court of Appeals of Georgia. DECIDED MARCH 28, 1996 JUDGE HAROLD R. BANKE. Joshua Isaac Shy and his brother and co-defendant, Joseph Louis Shy, were convicted of burglary. On appeal, they challenge the sufficiency of the evidence and the propriety of a jury instruction on possession of […]

29 S.E.2d 917 SHEPHERD v. LIFE CASUALTY INSURANCE COMPANY. 30373.Court of Appeals of Georgia. DECIDED APRIL 15, 1944. PARKER, J. In an action by a married woman against a life insurance company to recover money paid by her on a loan alleged to have been made by the company solely to her husband, where it […]

94 S.E.2d 389 BLACKSTOCK v. ATLANTA NEWSPAPERS, INC., et al. 36254.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 1956. The trial court did not err in sustaining the general demurrers to the petition. DECIDED SEPTEMBER 5, 1956. Action for damages. Before Judge Whitman. Fulton Superior Court. March 7, 1956. E. P. Blackstock brought an action […]

464 S.E.2d 660 OBONG et al. v. EKEREKE et al. A94A2571.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1995. BLACKBURN, Judge. In Ekereke v. Obong, 265 Ga. 728 (462 S.E.2d 372), the Supreme Court reversed the judgment of this Court in Obong v. Ekereke, 216 Ga. App. 59 (453 S.E.2d 84) (1995). Therefore, our judgment […]

276 S.E.2d 144 BEASLEY v. THE STATE. 61015.Court of Appeals of Georgia. DECIDED JANUARY 12, 1981. QUILLIAN, Chief Judge. The defendant appeals his conviction for being a habitual violator under Code Ann. § 68B-308, for driving under the influence and for improper backing. His sole enumeration of error is the admission into evidence of state’s […]

247 S.E.2d 159 MOORMAN INGRAM TRACTORS, INC. v. HARRINGTON MANUFACTURING COMPANY, INC. 55563.Court of Appeals of Georgia.SUBMITTED FEBRUARY 28, 1978. DECIDED JUNE 23, 1978. BIRDSONG, Judge. Appellee brought an action against appellant on two checks which were dishonored for insufficient funds. The original amount of the checks was $22,717.18. Payments were made on said checks […]

597 S.E.2d 585 FIEK v. THE STATE. A03A2576.Court of Appeals of Georgia. DECIDED MARCH 24, 2004. ADAMS, Judge. Defendant Gunther Fiek was convicted by a jury of eighteen counts of child molestation and three counts of aggravated child molestation. He appeals following the denial of his motion for new trial. The evidence, construed to support […]

100 S.E.2d 641 CITY OF ATLANTA v. COLLINS. 36885.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1957. 1. The evidence is sufficient to sustain the verdict in favor of the plaintiff. 2. Under the facts of this case, the court did not err in refusing to charge the principle of law of accident. DECIDED OCTOBER […]

530 S.E.2d 482 WATERS v. WATERS. A99A2322.Court of Appeals of Georgia. DECIDED: MARCH 2, 2000. RUFFIN, Judge. We granted this discretionary appeal to determine whether the trial court erred in granting Joyce Childers Waters’[1] motion for attorney fees and expenses of litigation under OCGA §9-15-14. As the trial court erred, we reverse. The relevant facts […]

636 S.E.2d 117 IN THE INTEREST OF K. L. H., a child. No. A06A1206.Court of Appeals of Georgia. DECIDED AUGUST 31, 2006. RUFFIN, Chief Judge. The Douglas County Juvenile Court found K. L. H., a ten-year-old girl living with her mother, to be deprived, and awarded temporary custody of K. L. H. to her father […]

59 S.E.2d 34 BUSSEY v. GLOBE INDEMNITY COMPANY et al. 32966.Court of Appeals of Georgia. DECIDED APRIL 7, 1950. Where an award of compensation is supported by any competent evidence it is binding on the courts, and it was error for the superior court to set it aside. DECIDED APRIL 7, 1950. Appeal; from Fulton […]

564 S.E.2d 547 DORSCH v. THE STATE. A02A0178.Court of Appeals of Georgia. DECIDED: APRIL 19, 2002 PHIPPS, Judge. Dennis Dorsch appeals his conviction for DUI, challenging the legality of the traffic stop. Because the record reveals that the stop was permissible, we affirm. Page 140 The officer who stopped Dorsch testified at trial that at […]

635 S.E.2d 236 PRICE v. THE STATE. No. A06A1550.Court of Appeals of Georgia. DECIDED AUGUST 1, 2006. MILLER, Judge. Anthony Wayne Price was sentenced to twenty years (with ten to serve) after pleading guilty to three counts of child molestation, one count of sexual battery, and two counts of invasion of privacy. On appeal, Price […]

85 S.E.2d 522 ROWLAND v. THE STATE. 35416.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1954. REHEARING DENIED DECEMBER 3, 1954. The court did not err in denying the motion for a new trial for any of the reasons assigned. DECIDED NOVEMBER 23, 1954 — REHEARING DENIED DECEMBER 3, 1954. Receiving stolen goods. Before Judge […]

12 S.E.2d 99 LOVE v. COMMERCIAL CREDIT COMPANY INC. 28355.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 1940. REHEARING DENIED DECEMBER 12, 1940. 1. An amendment which purported to correct an omission of the abbreviation “Inc.” from the corporate name of the plaintiff in an attachment case, by adding such abbreviation to the corporate name […]

630 S.E.2d 177 IN THE INTEREST OF L. S., a child. A06A0424.Court of Appeals of Georgia. DECIDED APRIL 19, 2006. BARNES, Judge. L. S. appeals the judgment of the Juvenile Court of Fulton County denying his motion to vacate a dispositional order and enter a plea of incompetence. He contends the juvenile court erred by […]

338 S.E.2d 687 JOHNSON v. NATIONAL UNION FIRE INSURANCE COMPANY; and vice versa. 70406, 70407.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1985. REHEARING DENIED DECEMBER 9, 1985. SOGNIER, Judge. Roy F. Johnson brought suit against National Union Fire Insurance Company (National Union) seeking to recover personal injury protection (PIP) benefits under a policy issued […]

647 S.E.2d 81 MCCONNELL et al. v. WEIGHT et al. No. A06A0511.Court of Appeals of Georgia. DECIDED MAY 22, 2007. BERNES, Judge. In McConnell v. Wright, 281 Ga. 868 (644 SE2d 111) (2007), the Supreme Court of Georgia reversed our previous decision in this case. See McConnell v. Wright, 280 Ga. App. 546 (634 SE2d […]

424 S.E.2d 90 STANLEY v. THE STATE. A92A1274.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1992. COOPER, Judge. Appellant was convicted in a bench trial of trafficking in cocaine, violating the Georgia Controlled Substances Act and giving a false name. He appeals from the judgment of conviction and sentence. 1. In his first enumeration of […]

75 S.E.2d 663 METROPOLITAN LIFE INSURANCE COMPANY v. BROCK. 34520.Court of Appeals of Georgia. DECIDED MARCH 13, 1953. REHEARING DENIED APRIL 2, 1953. Where the fact of death of the insured is established, and the evidence points equally to the theory of death by accident or to suicide as the cause thereof, the theory of […]

388 S.E.2d 527 RIOS v. THE STATE. A89A1193.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1989. REHEARING DENIED NOVEMBER 13, 1989. BIRDSONG, Judge. Herberto Jesus Rios appeals from his conviction of driving under the influence. The evidence shows that appellant was visiting his wife at her sister’s home when there was a family argument in […]

638 S.E.2d 865 JACKSON v. THE STATE. A06A1978.Court of Appeals of Georgia. DECIDED November 17, 2006. MILLER, Judge. Thomas Gabriel Jackson was tried on charges of rape and child molestation. When the jury could not return a verdict, the trial judge granted Jackson’s motion for a mistrial. Jackson subsequently filed a plea in bar seeking […]

395 S.E.2d 577 DIXON v. THE STATE. RAMSEY v. THE STATE. POWELL v. THE STATE. BRYANT v. THE STATE. A90A0699, A90A0700, A90A0701, A90A0702, A90A0703, A90A0704, A90A0705.Court of Appeals of Georgia. DECIDED JUNE 1, 1990. REHEARING DENIED JUNE 19, 1990. BEASLEY, Judge. These seven appeals involve four defendants: Dixon and Ramsey were convicted of driving under […]

79 S.E.2d 342 ATLANTA NEWSPAPERS, INC. v. HITCHCOCK et al. SOUTHARD v. HITCHCOCK et al. 34910, 34913.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1953. The petition as amended set out a cause of action for submission to a jury against the defendant servant, charging negligence on the part of the defendant in leaving his […]

383 S.E.2d 908 BOATWRIGHT v. MAYOR COUNCIL OF FLEMINGTON. 76508.Court of Appeals of Georgia. DECIDED MAY 18, 1989. SOGNIER, Judge. In Mayor Council of Flemington v. Boatwright, 259 Ga. 175 (377 S.E.2d 843) (1989), the Supreme Court reversed the judgment of this court in Boatwright v. Mayor Council of Flemington, 189 Ga. App. 676 (377 […]

31 S.E.2d 85 BROWN v. THE STATE. 30447.Court of Appeals of Georgia. DECIDED JULY 12, 1944. REHEARING DENIED JULY 28, 1944. The evidence authorized the verdict; the special assignments of error are without merit; and the denial of a new trial was not error. DECIDED JULY 12, 1944. REHEARING DENIED JULY 28, 1944. Assault with […]

533 S.E.2d 781 O’NEAL v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; and vice versa. A00A0336, A00A0337.Court of Appeals of Georgia. Date of Decision December 23, 1999. April 14, 2000. BLACKBURN, Presiding Judge. In Case No. A00A0336, Earl Michael O’Neal appeals the trial court’s order granting summary judgment to the defendant, State Farm Mutual Automobile Insurance […]

538 S.E.2d 147 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. WRIGHT. A00A1470.Court of Appeals of Georgia. DECIDED: AUGUST 8, 2000. MILLER, Judge. State Farm appeals from the trial court’s denial of its motion to enter judgment on a cross-claim, based on its statutory subrogation right as an uninsured motorist carrier.[1] Defendant Miller’s car was struck […]

256 S.E.2d 669 DUNAWAY v. NORTH GEORGIA COMPANY. 57688.Court of Appeals of Georgia.SUBMITTED APRIL 10, 1979. DECIDED MAY 17, 1979. BANKE, Acting Presiding Judge. This is an appeal from the grant of a summary judgment to appellee, the defendant below. Appellant filed suit on March 30, 1978, alleging that his building was damaged on March […]

570 S.E.2d 92 IN THE INTEREST OF Q. M. L., a child. A02A1127.Court of Appeals of Georgia. DECIDED: AUGUST 9, 2002. MILLER, Judge. Fourteen-year-old Q. M. L. admitted that she stabbed a schoolmate with a knife but claimed she did so in self-defense. Evidence showed that the weaponless victim hit Q. M. L. from behind […]

213 S.E.2d 513 BLACKMON v. DIXON. 50123.Court of Appeals of Georgia.ARGUED JANUARY 14, 1975. DECIDED FEBRUARY 13, 1975. REHEARING DENIED MARCH 6, 1975. EVANS, Judge. J. A. Dixon, a tobacco farmer, purchased two portable tobacco barns or drying units to be used in harvesting tobacco. No sales tax was paid on these units because of […]

233 S.E.2d 462 PRICE et al. v. THE STATE. 52994.Court of Appeals of Georgia.ARGUED NOVEMBER 3, 1976. DECIDED FEBRUARY 21, 1977. McMURRAY, Judge. Defendants appeal their conviction of involuntary manslaughter and sentence of two years after denial of their joint motion for new trial, as amended. Held: 1. The evidence shows that a husband and […]

606 S.E.2d 80 MONAS v. THE STATE. A04A2356.Court of Appeals of Georgia. DECIDED OCTOBER 12, 2004. BLACKBURN, Presiding Judge. Following a bench trial, Despina P. Monas appeals her convictions for DUI-less safe and obstruction of a police officer, contending that: (1) the evidence was insufficient to support the verdict; and (2) the trial court erred […]

234 S.E.2d 406 HAYNIE v. THE STATE. 53040.Court of Appeals of Georgia.ARGUED NOVEMBER 2, 1976. DECIDED MARCH 28, 1977. WEBB, Judge. Haynie was indicted on April 15, 1976, for the offense of aggravated assault by shooting and pled not guilty. With leave of court he filed a motion to compel discovery, and before trial an […]

505 S.E.2d 553 KINNEY v. THE STATE. A98A1874.Court of Appeals of Georgia. DECIDED AUGUST 17, 1998 ELDRIDGE, Judge. A Clarke County jury found James Kinney guilty of robbery by force and aggravated battery. He appeals challenging (1) the sufficiency of the evidence as to his identity as the perpetrator of the robbery, and (2) the […]

113 S.E.2d 228 COX v. INDEPENDENT LIFE ACCIDENT INSURANCE COMPANY (two cases). 38071, 38072.Court of Appeals of Georgia. DECIDED JANUARY 25, 1960. REHEARING DENIED FEBRUARY 10, 1960. 1. An accident produced by the loss of perception resulting from intoxication is unintentional, but if the intent to do the act exists, although it be a drunken […]

533 S.E.2d 772 SALTIS v. DAIMLER BENZ (NORTH AMERICA N.O., INC.) d/b/a AD TRANZ ATLANTA, INC.; And VICE VERSA. A00A0482; A00A0483.Court of Appeals of Georgia. Date of Decision December 23, 1999. April 14, 2000. ELDRIDGE, Judge. Dr. Lawrence Saltis, M.D., received injuries when the shuttle train doors at Atlanta Hartsfield International Airport closed on him […]

121 S.E.2d 211 WATTS v. THE STATE. 61249.Court of Appeals of Georgia. DECIDED JANUARY 22, 1981. BANKE, Judge. The appellant stands convicted of theft by receiving stolen property. On appeal, he contends that the evidence is insufficient to show that he knew the property was stolen when it came into his possession. The property at […]

325 S.E.2d 178 CARDWELL v. THE STATE. 69483.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1984. McMURRAY, Chief Judge. Defendant was convicted of the offense of burglary and the offense of entering an automobile (with intent to commit a theft or a felony). Defendant appeals. Held: Defendant’s appointed counsel has filed a motion to withdraw […]

546 S.E.2d 922 JOHNSON v. THE STATE. A00A1887.Court of Appeals of Georgia. DECIDED: MARCH 21, 2001. POPE, Presiding Judge. Defendant Scott Richard Johnson was found guilty of DUI following a bench trial. He appeals, contending the trial court erred in denying his motion to suppress and that the evidence was insufficient to support his conviction. […]

360 S.E.2d 276 CRUMBLEY et al. v. WYANT et al. 74283.Court of Appeals of Georgia. DECIDED JULY 13, 1987. REHEARING DENIED JULY 24, 1987. CARLEY, Judge. The issue presented for resolution in this case is one of appellate jurisdiction. That issue arises from the following set of facts: Appellant-plaintiffs brought a wrongful death action against […]

243 S.E.2d 526 WIG FASHIONS, INC. v. A-T-O PROPERTIES, INC. et al. 54939.Court of Appeals of Georgia.ARGUED JANUARY 10, 1978. DECIDED FEBRUARY 24, 1978. REHEARING DENIED MARCH 16, 1978. McMURRAY, Judge. Wig Fashions, Inc. leased a retail business location from plaintiffs. The lease required that the tenant construct certain improvements within the premises. The lease […]

667 S.E.2d 662 IN THE INTEREST OF A. G. et al., children (two cases). Nos. A08A0942, A08A1152.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 2008. RUFFIN, Presiding Judge. The parents of A. G., R. G., M. G., and M. G. appeal from the juvenile court’s order terminating their parental rights. In Case No. A08A0942, the […]

57 S.E.2d 231 ETHRIDGE v. NICHOLSON. 32725.Court of Appeals of Georgia. DECIDED JANUARY 6, 1950. The petition stated a cause of action against Nicholson based on the theory that his negligence was concurrent with that of the defendant municipality, and the trial court erred in sustaining the general demurrer as to him. DECIDED JANUARY 6, […]

354 S.E.2d 25 WASHINGTON et al. v. WASHINGTON. 73066.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1987. BENHAM, Judge. Appellants are the parents of Frank L. Washington, Jr., a minor, who was injured in an automobile collision while a passenger in a car driven by his cousin, appellee Kelvin Washington. The west-bound Washington vehicle and […]

345 S.E.2d 108 IN RE K. H. IN RE B. A. H. 72419, 72420.Court of Appeals of Georgia. DECIDED MAY 2, 1986. DEEN, Presiding Judge. On August 23, 1985, the Houston County Department of Family and Children Services (DFCS) brought petitions to terminate the parental rights of (a) Tina Harding Alford to her five-year-old son, […]

467 S.E.2d 217 RAINES v. THE STATE A95A2375Court of Appeals of Georgia. DECIDED JANUARY 22, 1996 — CERT. APPLIED FOR. SMITH, Judge. J. M. “Mac” Raines was one of numerous individuals indicted by an Upson County grand jury under the Georgia Racketeering Influenced and Corrupt Organizations Act (RICO), OCGA § 16-14-1 et seq.[1] He was […]

409 S.E.2d 567 MAIL CONCEPTS, INC. v. FOOTE DAVIES, INC. A91A0166.Court of Appeals of Georgia. DECIDED JULY 16, 1991. RECONSIDERATION DENIED JULY 31, 1991. SOGNIER, Chief Judge. Mail Concepts, Inc., successor in interest to Peach State Mailing, Inc., brought suit against Foote Davies, Inc. on an account assigned to Mail Concepts by Peach State. The […]

90 S.E.2d 593 REYNOLDS v. MION MURRAY CO. et al. 35859.Court of Appeals of Georgia. DECIDED OCTOBER 27, 1955. REHEARING DENIED NOVEMBER 15, 1955. The plaintiff’s petition in this action for damages shows on its face that her fall from a theatre balcony was the result of lack of ordinary care for her own safety […]

370 S.E.2d 495 PAVE WAY CONSTRUCTION COMPANY, INC. et al. v. PARRISH et al. 76244.Court of Appeals of Georgia. DECIDED MAY 13, 1988. REHEARING DENIED JUNE 7, 1988. POPE, Judge. Appellees Dave Parrish and Southeast Grading, Inc. brought suit against appellants Pave Way Construction Company, Inc. and its principal shareholders to collect on an open […]

601 S.E.2d 111 COLLINS v. THE STATE. A04A0362.Court of Appeals of Georgia. DECIDED APRIL 8, 2004. ELDRIDGE, Judge. A Chattooga County jury found Walter Rex Collins guilty of aggravated child molestation, sexual battery, and three counts of child molestation for acts Collins perpetrated against his eight-year-old daughter; the jury acquitted him on one count of […]

411 S.E.2d 714 WILLIS v. THE STATE. A91A0755.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1991. RECONSIDERATION DENIED NOVEMBER 4, 1991. ANDREWS, Judge. Willis appeals from a jury conviction of theft by shoplifting and aggravated assault. Viewing the evidence in the light most favorable to the verdict, Ridgeway v. State, 187 Ga. App. 381 (370 […]

266 S.E.2d 353 PEARCE v. SHANKS et al. 58861.Court of Appeals of Georgia.SUBMITTED NOVEMBER 19, 1979. DECIDED MARCH 4, 1980. SMITH, Judge. Appellant brought suit to recover for injuries sustained when he fell or was thrown from a horse owned by appellee Barbara Shanks. Appellant asserts that the trial court erred in granting appellees’ motion […]

636 S.E.2d 88 LONG v. THE STATE. No. A06A1605.Court of Appeals of Georgia. DECIDED AUGUST 29, 2006. MIKELL, Judge. Jeremy Michael Long was convicted of aggravated assault by a Murray County jury and sentenced to ten years, one to serve in prison and nine to serve on probation. His motion for new trial was denied, […]

397 S.E.2d 493 MOSS v. HALL COUNTY BOARD OF COMMISSIONERS. A90A0741.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1990. McMURRAY, Presiding Judge. This condemnation proceeding involves the taking of a portion of certain real property for development of a public road. The procedure utilized by the condemnor, while not in complete conformity with either the […]

413 S.E.2d 749 AMERICAN DEMOLITION, INC. v. HAPEVILLE HOTEL LIMITED PARTNERSHIP et al. A91A1385.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1991. RECONSIDERATION DENIED DECEMBER 2, 1991. ANDREWS, Judge. After submitting a successful bid proposal, American Demolition contracted with Hapeville Hotel Limited Partnership (“Hapeville”) to demolish the old Atlanta Airport Hilton Hotel owned by appellee […]

207 S.E.2d 685 WATSON v. THE STATE. 49334.Court of Appeals of Georgia.ARGUED MAY 6, 1974. DECIDED JUNE 21, 1974. QUILLIAN, Judge. The appellant was tried and convicted of voluntary Page 205 manslaughter. An appeal was then filed to this court. Held: 1. The appellant contends that it was error to allow a deputy sheriff to […]

631 S.E.2d 391 WILSON v. THE STATE. A06A0637.Court of Appeals of Georgia. DECIDED APRIL 28, 2006. RECONSIDERATION DENIED MAY 18, 2006. PHIPPS, Judge. A group of teenagers rented adjacent rooms at a motel and held a raucous, unsupervised New Year’s Eve party. Among the participants were 17-year-old Genarlow Wilson, 17-year-old L. M., and 15-year-old T. […]

44 S.E.2d 149 JOHNSON v. THE STATE. 31609.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1947. 1. “The refusal of the court to direct a verdict in a criminal case can not be made the subject-matter of an assignment of error in the reviewing court.” Nalley v. State, 11 Ga. App. 15 (7) (74 S.E. […]

686 S.E.2d 402 IN THE INTEREST OF T. S. et al., children. No. A09A1294.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 2009. DOYLE, Judge. The juvenile court entered an order granting sole custody of son, T. S., to the mother and sole custody of daughter, L. S., to the father. The mother appeals the juvenile […]

336 S.E.2d 367 WILLIAMS v. THE STATE. 70868.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1985. BIRDSONG, Presiding Judge. Appellant Homer Williams was tried with Donnie Ray Fowler and Phillip Luttrell for conspiracy to commit arson. See Luttrell v. State, 176 Ga. App. 508 (336 S.E.2d 369). On October 20, 1984, two police investigators, who […]

367 S.E.2d 128 HILL v. FORDHAM. 75698.Court of Appeals of Georgia. DECIDED MARCH 14, 1988. POPE, Judge. This case involves a claim for medical (dental) malpractice. In February of 1981 plaintiff Robert H. Fordham visited the office of defendant Robert Hill, D.D.S., for emergency treatment of a toothache. Plaintiff authorized Dr. Hill to extract the […]

23 S.E.2d 177 CITY OF DUBLIN v. HOWELL. 29659.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1942. The verdict was authorized under the record of this case. DECIDED DECEMBER 3, 1942. Damages; from Laurens superior court — Judge Camp. March 6, 1942. Nelson Nelson, for plaintiff in error. E. L. Stephens, contra. GARDNER, J. Mrs. […]

627 S.E.2d 110 HAMMONDS v. SHERMAN. A05A1873.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 2006. RUFFIN, Chief Judge. The trial court dismissed Chantel Hammonds’ personal injury action without prejudice because her attorney failed to appear at a peremptory calendar call. Hammonds appeals, asserting that the trial court erred in dismissing her case because her attorney […]

158 S.E.2d 301 JONES v. THE STATE. 42784.Court of Appeals of Georgia.ARGUED MAY 1, 1967. DECIDED NOVEMBER 8, 1967. PANNELL, Judge. Cape Jones was convicted of robbery and duly sentenced. He appeals to this court enumerating as error various occurrences upon the trial of the case. On the trial a witness for the State, upon […]

47 S.E.2d 893 SALVATION ARMY v. ELEVENTH HOUR SERVICE INCORPORATED. 31990.Court of Appeals of Georgia. DECIDED APRIL 29, 1948. REHEARING DENIED MAY 26, 1948. 1. Within ten days after the bill of exceptions has been signed and certified, the plaintiff therein must serve a copy thereof upon the opposite party or his counsel with a […]

501 S.E.2d 296 IN THE INTEREST OF C.L.R., A CHILD. A98A0083.Court of Appeals of Georgia. DECIDED APRIL 9, 1998. RUFFIN, Judge. Appellant, the mother of C. L. R., appeals from the juvenile court’s orders terminating her parental rights to C. L. R. and placing her with her foster mother for adoption. The mother argues on […]

270 S.E.2d 65 CARLSON v. CARLSON. 59500.Court of Appeals of Georgia.ARGUED FEBRUARY 5, 1980. DECIDED JUNE 11, 1980. SMITH, Judge. This is an action for an equitable accounting and assumpsit for money had and received as well as the setting aside of certain deeds to property held by appellant. Appellant brings this appeal from the […]

451 S.E.2d 128 DANIELS v. THE STATE. A93A1017.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1994. BEASLEY, Presiding Judge. The decision of the Court of Appeals in this case having been reversed by the Supreme Court, Daniels v. State, 264 Ga. 460 (448 S.E.2d 185) (1994), the decision in Daniels v. State, 211 Ga. App. […]

430 S.E.2d 671 VITNER v. MILLER. A92A1305.Court of Appeals of Georgia. DECIDED MARCH 31, 1993. COOPER, Judge. We granted this interlocutory appeal to determine whether the trial court erred in denying appellant’s motion for summary judgment. Appellant performed an abortion by suction curettage on appellee on March 11, 1989. A few days later appellee began […]

637 S.E.2d 424 DEES et al. v. LOGAN. No. A06A0929.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 2006. RECONSIDERATION DENIED OCTOBER 11, 2006. MILLER, Judge. Terry E. Dees was injured in an automobile collision. He and his wife, Freta G. Dees, sued the other driver, Shirley A. Logan, seeking, among other things, punitive damages. The […]

353 S.E.2d 816 ANDERSON v. SYBRON CORPORATION. LEWALLEN v. SYBRON CORPORATION. 65115, 65116.Court of Appeals of Georgia. DECIDED JANUARY 11, 1983. REHEARING DENIED MARCH 1, 1983. BIRDSONG, Judge. The appellants in these companion cases are plaintiffs who sued appellee Sybron Corp., manufacturer of a sterilizer machine used by appellants at the Kendall Company plant in […]

490 S.E.2d 104 SCOTT v. THE STATE. A97A0121.Court of Appeals of Georgia. DECIDED MAY 28, 1997. RECONSIDERATION DENIED JULY 28, 1997 — CERT. APPLIED FOR. SMITH, Judge. Linda Scott appeals her conviction by a jury in Colquitt State Court for misdemeanor obstruction of a police officer, OCGA § 16-10-24 (a).[1] 1. Scott raises the general […]

191 S.E.2d 893 UNITED STATES FIDELITY GUARANTY COMPANY v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY. 47275.Court of Appeals of Georgia.SUBMITTED MAY 23, 1972. DECIDED JULY 13, 1972. REHEARING DENIED JULY 28, 1972. EVANS, Judge. On April 6, 1970, Don Bridges was driving a Chevrolet truck, which he had borrowed from his father, Charles B. Bridges. […]

654 S.E.2d 643 LAND et al. v. RICKS et al. LAND et al. v. DENSMORE. Nos. A07A1147, A07A1148.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 2007. BERNES, Judge. These are companion cases arising out of a wrongful death and survival action brought by Paula F. Land, individually and as the administratrix of the estate of […]

666 S.E.2d 549 SMASHUM v. THE STATE. No. A08A0034.Court of Appeals of Georgia. DECIDED MAY 8, 2008. RECONSIDERATION DENIED JULY 25, 2008. BARNES, Chief Judge. A jury found Anthony Smashum, Jr., guilty of armed robbery, aggravated assault, aggravated battery, and three counts of possessing a firearm during the commission of a felony. On appeal, he […]

264 S.E.2d 26 FARMER v. EMPLOYERS INSURANCE OF WAUSAU et al. 57856.Court of Appeals of Georgia.ARGUED MAY 3, 1979. DECIDED NOVEMBER 30, 1979. UNDERWOOD, Judge. In this workers’ compensation proceeding it was determined that claimant suffered compensable injuries arising out of and in the course of his employment as a truck driver with Ryder Truck […]

145 S.E.2d 95 LEVY et al. v. PESTOP CORPORATION et al. 41506.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1965. DECIDED SEPTEMBER 21, 1965. PANNELL, Judge. The petition brought by the plaintiffs against three defendants, one of the defendants being a corporation and the other two defendants being individuals who were officers of the corporation, alleges […]

168 S.E.2d 901 ALLEN v. CARTER. 44481.Court of Appeals of Georgia.SUBMITTED JUNE 2, 1969. DECIDED JUNE 18, 1969. PANNELL, Judge. 1. “The brief filed by the appellant in this case does not meet the requirements of Rule 17 (a) (1) and Rule 17 (c) (3) (A) and Rule 17 (c) (3) (B) of this court […]

228 S.E.2d 189 J. B. H. v. STATE OF GEORGIA. 52213.Court of Appeals of Georgia.ARGUED MAY 3, 1976. DECIDED JULY 2, 1976. CLARK, Judge. “The history of American freedom is, in no small measure, the history of procedure” wrote Justice Felix Frankfurter in Malinski v. N. Y., 324 U.S. 401, 414. That was in 1945, […]

206 S.E.2d 585 RODRIGUEZ v. NEWBY et al. 49203.Court of Appeals of Georgia.SUBMITTED APRIL 2, 1974. DECIDED APRIL 22, 1974. STOLZ, Judge. Judy Rodriguez, by next friend and mother, Mrs. Barbara Rodriguez, brought an action in the Superior Court of Catoosa County, Georgia, against Conley P. Newby, Dianne Newby, and Mrs. Doris Biddle for injuries […]

434 S.E.2d 122 ANDERSON v. THE STATE. A93A0273.Court of Appeals of Georgia. DECIDED JULY 14, 1993. RECONSIDERATION DENIED JULY 28, 1993. POPE, Chief Judge. Defendant Alphonso Anderson was charged with obstruction of an officer and possession of cocaine with intent to distribute. He entered a plea of not guilty and filed a motion to suppress […]

65 S.E.2d 611 BROWN v. CITY OF ATLANTA (three cases). 33525, 33526, 33527.Court of Appeals of Georgia. DECIDED MAY 23, 1951. TOWNSEND, J. “When a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted; and if the last […]

511 S.E.2d 294 MADDOX v. THE STATE. A98A2214.Court of Appeals of Georgia. DECIDED: FEBRUARY 3, 1999. BEASLEY, Presiding Judge. Maddox was convicted of deposit account fraud which, under OCGA § 16-9-20 (a), a person commits by making or delivering an instrument for the payment of money on any bank or other depositary in exchange for […]