Category: Georgia Supreme Court Opinions

525 S.E.2d 166 MIGLIORE v. THE STATE EX. REL. CHENEY. A99A1045.Court of Appeals of Georgia. DECIDED: NOVEMBER 15, 1999. PHIPPS, Judge. Michael Migliore appeals a civil in rem judgment forfeiting $40,867.47 and a safe seized in a car search. On April 26, 1998, Migliore drove south on I-95 accompanied by Jessica Tootle. In Liberty County, […]

94 S.E.2d 747 RUPEK v. PIG’N WHISTLE, INC. 36324.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1956. 1. Where there is no conflict in the evidence, and that introduced, with all reasonable deductions or inferences therefrom, shall demand a particular verdict, the court may direct the jury to find for the party entitled thereto. 2. […]

488 S.E.2d 735 BLUE CROSS AND BLUE SHIELD OF GEORGIA, INC. v. KELL et al. A97A0258.Court of Appeals of Georgia. DECIDED JULY 11, 1997. ANDREWS, Chief Judge. Blue Cross Blue Shield of Georgia, Inc. (Blue Cross) appeals from the trial court’s grant of summary judgment to Dr. Kell[1] on Blue Cross’ counterclaim against Dr. Kell […]

444 S.E.2d 130 MARSHALL v. THE STATE. A94A0213.Court of Appeals of Georgia. DECIDED MAY 10, 1994. COOPER, Judge. Defendant was found guilty by a jury of selling cocaine in violation of the Georgia Controlled Substances Act. He appeals from the judgment of conviction entered on the verdict and from the denial of his motion for […]

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 […]

306 S.E.2d 85 HOUSEHOLD FINANCE CORPORATION OF GEORGIA v. GILLEY et al. 66397.Court of Appeals of Georgia. DECIDED JUNE 28, 1983. BANKE, Judge. The appellant sued to collect the balance allegedly due from the appellees on a promissory note, and the appellees counterclaimed for damages for libel, contending that the suit had been brought maliciously, […]

183 S.E.2d 68 REGISTER et al. v. THE STATE. 46236.Court of Appeals of Georgia.ARGUED MAY 6, 1971. DECIDED JUNE 15, 1971. REHEARING DENIED JUNE 25, 1971. EVANS, Judge. The defendants were jointly indicted in Henry Superior Court for the offense of possessing marijuana. Upon arraignment, motions to suppress the evidence were filed, and after a […]

33 S.E.2d 273 WEBB v. GENERAL ACCIDENT, FIRE LIFE INSURANCE COMPANY et al. 30751.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1945. PARKER, J. 1. An award made under the workmen’s compensation act, involving a claimant under 18 years of age, who was represented by an attorney engaged by the claimant’s father as his natural […]

510 S.E.2d 903 THE STATE v. BLACK A98A2122.Court of Appeals of Georgia. DECIDED: JANUARY 19, 1999 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant was charged in an accusation with driving under the influence of alcohol, obstruction, reckless driving, failure to maintain lane and speeding. The trial court granted defendant’s motion in limine to exclude […]

434 S.E.2d 737 AMERICAN RESOURCES INSURANCE COMPANY v. CONNER et al. A93A0714.Court of Appeals of Georgia. DECIDED JULY 12, 1993. RECONSIDERATION DENIED JULY 30, 1993. SMITH, Judge. We granted the application of American Resources Insurance Company for leave to appeal in this workers’ compensation case. The appeal is from the superior court’s affirmance of a […]

506 S.E.2d 245 KNIGHT v. THE STATE. A98A1883.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1998. — RECONSIDERATION DENIED SEPTEMBER 15, 1998 — CERT. APPLIED FOR. BLACKBURN, Judge. Lester Knight appeals his conviction for trafficking in cocaine, contending in his sole enumeration of error that his initial stop was pretextual and that the trial court […]

123 S.E.2d 4 LEVINE v. SELEY. 38854.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1961. EBERHARDT, Judge. The Supreme Court of Georgia having reversed the judgment of this court in the above matter (Levine Page 775 v. Seley, 217 Ga. 384, 123 S.E.2d 1), the opinion and judgment of this court heretofore rendered on May […]

629 S.E.2d 539 BAKYAYITA v. THE STATE. A06A0452.Court of Appeals of Georgia. DECIDED MARCH 31, 2006. MIKELL, Judge. A Fulton County grand jury returned an indictment charging Jasper Bakyayita with armed robbery (Count 1), aggravated assault (Count 2), and possession of a firearm during the commission of a felony (Count 3).[1] After a jury trial, […]

102 S.E.2d 637 DOYLE v. UNITED FINANCE COMPANY. 37043.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1958. REHEARING DENIED FEBRUARY 28, 1958. 1. (a) A judgment is conclusive as to all matters put in issue, or which under the rules of law might have been put in issue on the trial of the case. (b) […]

126 S.E.2d 644 MONTGOMERY v. HARDY ENGINEERING CONSTRUCTION COMPANY, INC. 39533.Court of Appeals of Georgia. DECIDED MAY 25, 1962. REHEARING DENIED JUNE 6, 1962. FELTON, Chief Judge. 1. Where a hearing on a motion for a new trial was continued six times and on the date last set for the hearing the court entered an […]

27 S.E.2d 878 JOHNSON v. JOHNSON. 30093.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1943. Where a son who has title to land allows his father to enter on the land under a parol agreement and understanding with the son that the father is to occupy the land as a home for and during the […]

311 S.E.2d 180 KELLEY v. THE STATE. 67041.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1983. REHEARING DENIED NOVEMBER 18, 1983. BIRDSONG, Judge. Mickie (Mickey, Mike) Kelley was convicted of two counts of violation of the Georgia Controlled Substances Act, sale of cocaine. He enumerates seven errors below. Held: 1. Kelley contends the trial court […]

565 S.E.2d 515 MAYS v. E.D. VOYLES CHRYSLER-PLYMOUTH, INC. et al. A02A0211.Court of Appeals of Georgia. DECIDED: MAY 7, 2002. BLACKBURN, Chief Judge. In this breach of contract action, David Mays, proceeding pro se, appeals the trial court’s order granting a summary judgment to Ed Voyles Chrysler-Plymouth, Inc., contending that (1) there is a genuine […]

241 S.E.2d 30 JOHNSON et al. v. GENERAL MOTORS CORPORATION. 54803.Court of Appeals of Georgia.ARGUED NOVEMBER 2, 1977. DECIDED NOVEMBER 22, 1977. REHEARING DENIED DECEMBER 7, 1977. WEBB, Judge. Johnson and Williams were employed by General Motors as salaried foremen until July 15, 1975. The only employment contracts between them and General Motors respectively provided […]

57 S.E.2d 708 PACIFIC FIRE INSURANCE COMPANY v. CASH. 32801.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1950. REHEARING DENIED MARCH 3, 1950. Where a local agent has authority to issue and deliver a policy of insurance insuring an automobile against fire and theft and collision, in reliance upon declarations by the insured which are […]

110 S.E.2d 684 FRIEDMAN v. BAXLEY et al. 37773.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1959. REHEARING DENIED SEPTEMBER 28, 1959. CARLISLE, Judge. 1. There is no provision of law in this State for more than one bill of exceptions. Code (Ann.) § 6-801 et seq. Only that which precedes the judge’s certificate in […]

299 S.E.2d 741 SAYRE v. THE STATE. 65424.Court of Appeals of Georgia. DECIDED JANUARY 27, 1983. BANKE, Judge. The appellant’s probation was revoked by order of the trial court dated August 23, 1982, and filed August 25, 1982. The notice of appeal was filed on October 6, 1982. Held: “A notice of appeal must be […]

529 S.E.2d 626 MCKEEHAN, ET AL. v. WALLS, ET AL. PHILLIPS ET AL. v. WALLS ET AL. A99A1968; A99A1969.Court of Appeals of Georgia. DECIDED: FEBRUARY 10, 2000. BARNES, Judge. These actions arose from a car wreck in which two children died. The wreck occurred when a truck driver ran the stop sign at an intersection […]

56 S.E.2d 816 WOFFORD v. WALDRIP. 32775.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1949. 1. As to the general grounds, the evidence sustains the verdict. 2. “It was not harmful to the defendant for the court to exclude testimony, when testimony of the same import was allowed to go to the court and jury.” […]

160 S.E.2d 413 REEVES v. THE STATE. 43400.Court of Appeals of Georgia.SUBMITTED FEBRUARY 6, 1968. DECIDED FEBRUARY 21, 1968. QUILLIAN, Judge. This is a companion case to Burgess v. State, 117 Ga. App. 284, both the defendant in that case and the defendant in the present case being charged with wilfully and maliciously burning the […]

396 S.E.2d 804 STANDRIDGE v. THE STATE. A90A0827.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1990. BIRDSONG, Judge. Gary Gene Standridge appeals his conviction for one count of child molestation involving his stepdaughter. He enumerates seven errors below. Held: 1. Standridge contends he was entitled to dismissal of the indictment because the indictment alleged that, […]

231 S.E.2d 445 COTTON STATES INSURANCE COMPANY et al. v. BATES. 52818.Court of Appeals of Georgia.SUBMITTED OCTOBER 12, 1976. DECIDED NOVEMBER 12, 1976. QUILLIAN, Presiding Judge. The State Board of Workmen’s Compensation approved a “standard form” agreement as to compensation between the claimant, appellee here, and the employer, appellant here. Within 30 days of the […]

566 S.E.2d 320 FURCAL-PEGUERO v. THE STATE A02A0792.Court of Appeals of Georgia. DECIDED: MAY 21, 2002 ELLINGTON, Judge. Following a bench trial on stipulated facts, the State Court of Cobb County convicted Rafael Antonio Furcal-Peguero of driving under the influence, OCGA § 40-6-391(a)(5). Furcal appeals, contending the trial court erred in denying his motion to […]

525 S.E.2d 393 NATIONWIDE MUTUAL FIRE INSURANCE COMPANY v. ERWIN et al. A99A1205.Court of Appeals of Georgia. DECIDED: NOVEMBER 16, 1999. MILLER, Judge. Nationwide Mutual Fire Insurance Company brought this declaratory judgment action seeking a determination as to its duty to defend its insured Carole Erwin in a tort action filed against her by Neal […]

574 S.E.2d 420 JACKSON v. THE STATE. A02A1375.Court of Appeals of Georgia. DECIDED: NOVEMBER 14, 2002 MIKELL, Judge. A DeKalb County jury found Chartisia Jackson guilty of two counts of armed robbery, two counts of aggravated assault, and one count of kidnapping. Jackson claims the trial court erred in allowing the State to introduce the […]

292 S.E.2d 481 MILLER v. THE STATE. 63418.Court of Appeals of Georgia. DECIDED JUNE 18, 1982. REHEARING DENIED JUNE 30, 1982. SOGNIER, Judge. Appellant was indicted for and convicted of voluntary manslaughter. On appeal, appellant contends that the trial court Page 760 erred in failing to give certain charges to the jury, and in excluding […]

358 S.E.2d 312 WESTERN HOST ATLANTA, INC. v. BASS et al. 74370.Court of Appeals of Georgia. DECIDED JUNE 1, 1987. McMURRAY, Presiding Judge. Plaintiff, an entertainer, brought suit against defendant seeking damages stemming from the alleged breach of two performance contracts. The case was tried by the trial court sitting without a jury. Upon the […]

94 S.E.2d 769 YAWN v. THE STATE. 36305.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1956. 1. Where a dozen or more articles of merchandise of various classifications are offered in evidence as physical exhibits after each has been identified as being identical with merchandise missing from a place of business, and 7 of the […]

410 S.E.2d 829 MOORE et al. v. POPE. A90A0468.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1991. POPE, Judge. This court having entered a judgment in the above-styled case at 196 Ga. App. 475 (396 S.E.2d 243) (1990) reversing the judgment of the trial court, and the judgment of this court having been reversed on […]

177 S.E.2d 192 THRALL v. THE STATE. 45466.Court of Appeals of Georgia.ARGUED JULY 10, 1970. DECIDED SEPTEMBER 8, 1970. When a warrant states a name for the person to be searched, and the person to be searched is using that name as an alias, then he has been described with sufficient particularity to satisfy the […]

432 S.E.2d 110 THE STATE v. LAW et al. A93A0410.Court of Appeals of Georgia. DECIDED MAY 26, 1993. BLACKBURN, Judge. On February 13, 1992, a Hall County magistrate issued a search warrant concerning the appellees’ residence, pursuant to an application and affidavit submitted by an investigator with the sheriff’s department. During the execution of the […]

713 S.E.2d 438 ROSS v. THE STATE. No. A11A0360.Court of Appeals of Georgia. DECIDED JUNE 29, 2011. DILLARD, Judge. After a bench trial before the Douglas County Superior Court, Matthew Ross III was found guilty of possession of cocaine, possession of a firearm by a convicted felon, and possession of a firearm during the commission […]

286 S.E.2d 467 HILL et al. v. MORRISON et al. 62526.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1981. REHEARING DENIED OCTOBER 23, 1981. DEEN, Presiding Judge. It is well settled that by common law and in this state unless changed by statute, parents are not liable in damages for the torts of their minor […]

251 S.E.2d 119 ALLEN v. THE STATE. 56655.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1978. DECIDED NOVEMBER 16, 1978. SMITH, Judge. From the action taken by the trial court (it attempted to set aside its order of revocation after this court had jurisdiction on appeal) and the action of the district attorney (he did not […]

72 S.E.2d 770 WEBB v. THE STATE. 34304.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1952. CARLISLE, J. The defendant was convicted under an indictment charging that he “did unlawfully, wilfully, feloniously, wantonly and with reckless disregard for human life operate a motor vehicle, to wit, a Henry J. Kaiser automobile, the same being a […]

61 S.E.2d 297 MORRIS v. THE STATE. 33100.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1950. MacINTYRE, P. J. 1. Where in an indictment containing two counts the phrase “contrary to the laws of said State, the good order, peace and dignity thereof,” does not appear at the conclusion of each count, but such phrase […]

701 S.E.2d 889 BELANS et al. v. BANK OF AMERICA, N.A. No. A10A1502.Court of Appeals of Georgia. DECIDED SEPTEMBER 29, 2010. MIKELL, Judge. R. Chris Belans and Avenue Homes, Inc. (“Avenue Homes”), appeal from the trial court’s order confirming the foreclosure sales of three properties that Bank of America held as security for commercial loans […]

413 S.E.2d 227 IN THE INTEREST OF J. E. H., a child. A91A1861.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1991. McMURRAY, Presiding Judge. J. E. H. was adjudged to have committed the “traffic offense of Spinning Tires.” The punishment imposed by the Juvenile Court included a requirement that J. E. H. write a 2,500 […]

68 S.E.2d 384 WILLIAMS BROS. LUMBER CO. v. MEISEL et al. MEISEL v. WILLIAMS BROS. LUMBER CO. et al. 33769, 33782.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1951. The court did not err in overruling the defendant’s general and special demurrers to the petition, or in denying its amended motion for a new trial. […]

362 S.E.2d 474 SHUGART et al. v. DEPARTMENT OF TRANSPORTATION. 74616.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1987. SOGNIER, Judge. The Department of Transportation condemned property owned by the Shugarts, father and son, for the development of a limited access highway. The jury returned an award of $86,000 in favor of the Shugarts, who […]

259 S.E.2d 638 BEECHER et al. v. DEPARTMENT OF TRANSPORTATION. 57727.Court of Appeals of Georgia.ARGUED MAY 2, 1979. DECIDED SEPTEMBER 4, 1979. REHEARING DENIED SEPTEMBER 18, 1979. UNDERWOOD, Judge. In White v. Ga. Power Co., 237 Ga. 341 (227 S.E.2d 385) (1976), the Supreme Court held that the “just and adequate compensation” which the Constitution […]

469 S.E.2d 316 WEEKS v. THE STATE A95A1935Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1996 McMURRAY, Presiding Judge. By way of a special presentment, defendant was charged with cruelty to children in that he did “unlawfully, and maliciously cause [“J. P.”], a child under the age of 18, excessive physical pain by burning said […]

233 S.E.2d 272 ANSLEY v. THE STATE. 53333.Court of Appeals of Georgia.SUBMITTED JANUARY 12, 1977. DECIDED FEBRUARY 17, 1977. SHULMAN, Judge. Appellant brings this appeal from a verdict and judgment of guilty on an indictment for aggravated assault. 1. The enumeration of error on the general grounds is without merit because there was sufficient evidence […]

11 S.E.2d 105 DOLVIN REALTY COMPANY v. JONES et al. 28549.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1940. A real-estate broker is not entitled to a commission from an owner of real estate for sale of the real estate to a customer of the broker who made an unacceptable offer for the property and […]

215 S.E.2d 697 POTTS v. SMITH. 50431.Court of Appeals of Georgia.ARGUED MARCH 11, 1975. DECIDED APRIL 16, 1975. REHEARING DENIED MAY 9, 1975. CLARK, Judge. “The books are literally full of such cases.” That frequently used expression refers to the many adjudications dealing with real estate sales contracts drafted by laymen containing contingency clauses as […]

261 S.E.2d 435 PITTS v. THE STATE. 58288.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED OCTOBER 11, 1979. BIRDSONG, Judge. The appellant Pitts was found not guilty of robbery and aggravated assault by reason of insanity. Thereafter, Page 692 in accordance with Code Ann. § 27-1503 he was committed to the Central State Hospital. […]

305 S.E.2d 828 CURTIS, INC. v. KELLEY. 65836.Court of Appeals of Georgia. DECIDED JUNE 16, 1983. REHEARING DENIED JUNE 24, 1983. CARLEY, Judge. Appellee-plaintiff was injured when an automobile which was owned by Gizel and Charlene Norris was struck by a truck which was being operated by Gizel Norris. At the time of the collision, […]

274 S.E.2d 42 TRUITT v. THE STATE. 60292.Court of Appeals of Georgia.ARGUED JULY 8, 1980. DECIDED SEPTEMBER 29, 1980. REHEARING DENIED OCTOBER 21, 1980. BIRDSONG, Judge. Truitt was convicted of involuntary manslaughter, the jury having been charged as to murder and as to involuntary manslaughter under Code Ann. § 26-1103 (a), that “a person commits […]

370 S.E.2d 194 DELOITTE HASKINS SELLS v. GREEN. 76673.Court of Appeals of Georgia. DECIDED MAY 20, 1988. REHEARING DENIED JUNE 2, 1988. CARLEY, Judge. Appellee-plaintiff filed suit, alleging that he had been afforded negligent tax advice by certain employees of appellant-defendant. As a part of his discovery effort, appellee sought to obtain the personnel records […]

484 S.E.2d 249 LANE v. MONTGOMERY ELEVATOR COMPANY. A96A1942Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1997 — RECONSIDERATION DENIED MARCH 18, 1997 — CERT. APPLIED FOR. Judge Harold R. Banke. Vernice L. Lane sued Montgomery Elevator Company (“Montgomery”) to recover for injuries allegedly sustained in a elevator accident occurring at Macon Northside Hospital, formerly […]

435 S.E.2d 672 FULTON COUNTY v. THREATT et al. A93A1508.Court of Appeals of Georgia. DECIDED AUGUST 17, 1993. RECONSIDERATION DENIED SEPTEMBER 15, 1993. BIRDSONG, Presiding Judge. Fulton County appeals the order of the trial court, filed in January 1993, granting the motion of J. W. Threatt, Jr., and other appellees to set aside a judgment […]

484 S.E.2d 722 DOUGHERTY, McKINNON LUBY, P.C. et al. v. GREENWALD et al. A96A1786.Court of Appeals of Georgia. DECIDED MARCH 13, 1997. POPE, Presiding Judge. Dougherty, McKinnon Luby, P. C., formerly Dougherty, Page 763 McKinnon Greenwald, P. C. (DML), is a professional corporation of certified public accountants in Columbus, Georgia. DML and several other persons […]

263 S.E.2d 702 GEORGIA INSURANCE AGENCIES, INC. v. SENTRY INDEMNITY COMPANY. 58784.Court of Appeals of Georgia.ARGUED OCTOBER 30, 1979. DECIDED DECEMBER 5, 1979. McMURRAY, Presiding Judge. In 1974 Georgia Insurance Agencies, Inc. entered into an agency agreement with Sentry Indemnity Company whereby it was granted authority to act as agent to solicit and submit applications […]

333 S.E.2d 201 HOPPER v. THE STATE. 69936.Court of Appeals of Georgia. DECIDED JULY 9, 1985. BEASLEY, Judge. Defendant appeals his conviction of driving under the influence of alcohol. Held: 1. The defendant had an auto-intoximeter breath test and now contends that the trial court should have granted his motion to preserve and produce his […]

282 S.E.2d 225 GANT v. THE STATE. 61791.Court of Appeals of Georgia. DECIDED MAY 28, 1981. SOGNIER, Judge. Appellant was convicted of voluntary manslaughter and was sentenced to confinement for 20 years. His appointed attorney has filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (87 SC 1396, 18 […]

480 S.E.2d 608 GRIFFIN v. THE STATE. A96A2114.Court of Appeals of Georgia. DECIDED JANUARY 10, 1997. CERT. APPLIED FOR. BEASLEY, Judge. Griffin appeals his convictions of rape (OCGA § 16-6-1), battery (OCGA § 16-5-23), and false imprisonment (OCGA § 16-5-41). At the time of the commission of the crimes, Griffin and the victim were married, […]

133 S.E.2d 56 GENERAL MOTORS CORPORATION v. SLIGH. 40301.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1963. HALL, Judge. This is an appeal from a judgment of the superior court denying the appeal of the employer from a workmen’s compensation award in favor of the claimant. The evidence Page 355 would clearly support the award […]

599 S.E.2d 223 EWALDSEN v. ATLANTIC INSURANCE BROKERS, L.L.C. A04A1087.Court of Appeals of Georgia. DECIDED APRIL 30, 2004. RECONSIDERATION DENIED MAY 11, 2004. ELDRIDGE, Judge. Following a jury trial in the Superior Court of Chatham County, appellant-defendant Linda Ewaldsen appeals from the superior court’s denial of her motion for judgment notwithstanding the verdict (“j.n.o.v.”), or […]

172 S.E.2d 183 BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA v. OELKE et al. 44525.Court of Appeals of Georgia.ARGUED JUNE 4, 1969. DECIDED OCTOBER 29, 1969. REHEARING DENIED NOVEMBER 19, 1969. The trial court erred in denying the Board of Regents’ motion to intervene to assert subrogation under the workmen’s compensation law in […]

64 S.E.2d 912 CITY OF ATLANTA et al v. KENNY et al. 33339.Court of Appeals of Georgia. DECIDED APRIL 18, 1951. REHEARING DENIED MAY 4, 1951. 1. The petition set forth a cause of action against the city and the contractor performing the work, for damage to property resulting from the construction of public works […]

270 S.E.2d 86 PATTERSON v. THE STATE. 59623.Court of Appeals of Georgia.ARGUED MARCH 12, 1980. DECIDED JUNE 16, 1980. SMITH, Judge. We affirm appellant’s burglary conviction. 1. During jury selection, appellant’s counsel attempted to ask the panel the following question: “If there is any conflict in the evidence between the testimony of a police officer […]

533 S.E.2d 577 HAYES v. THE STATE. A00A1087.Court of Appeals of Georgia. DECIDED: MAY 12, 2000. McMURRAY, Senior Appellate Judge. Joseph Eugene Hayes was convicted in Haralson County of child molestation based on evidence that he fondled the breasts and vagina of his stepdaughter, a child under the age of 14 years. Hayes appeals from […]

613 S.E.2d 195 DROGAN v. THE STATE. A05A0202.Court of Appeals of Georgia. DECIDED APRIL 6, 2005. ANDREWS, Presiding Judge. Adam Drogan, convicted by a jury of DUI (less safe), running a red light, and not using his headlights, appeals, challenging the sufficiency of the evidence, portions of the charge to the jury, and limitation of […]

635 S.E.2d 269 PASCO v. THE STATE. No. A06A1157.Court of Appeals of Georgia. DECIDED AUGUST 4, 2006. JOHNSON, Presiding Judge. Alturo Juan Pasco appeals from his conviction for armed robbery. His sole argument is that the trial court, in giving the pattern charge on eyewitness identification, erroneously included language that one factor to be considered […]

603 S.E.2d 58 MALDONADO v. THE STATE. A04A1252.Court of Appeals of Georgia. DECIDED JULY 23, 2004. BLACKBURN, Presiding Judge. Following a jury trial, Pedro Maldonado was convicted on two counts of trafficking in cocaine. He appeals, arguing that the trial court erred by: (1) admitting into evidence the lab results identifying the substance as cocaine […]

264 S.E.2d 34 JARMELLO v. THE STATE. 58925.Court of Appeals of Georgia.SUBMITTED NOVEMBER 6, 1979. DECIDED DECEMBER 5, 1979. DEEN, Chief Judge. The appellant, one Crews, and four others were indicted and tried for the offense of criminally damaging property by attempting to steal built-in stereo equipment from a boat and badly damaging both in […]

44 S.E.2d 141 BARTLETT v. SOCKWELL. 31679.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1946. Under the provisions of Rule 12 of the Civil Court of Fulton County, where it does not affirmatively appear from the record in the case that the written notice required, under the rule, of an appeal was served upon the […]

676 S.E.2d 867 SAPP v. THE STATE. No. A09A0012.Court of Appeals of Georgia. DECIDED MARCH 31, 2009. ELLINGTON, Judge. Following a bench trial, the Superior Court of Hall County found Bobby Gene Sapp guilty of trafficking in methamphetamine, OCGA § 16-13-31 (e). Sapp appeals from the judgment of conviction, contending that the court erred in […]

616 S.E.2d 476 DYE et al. v. U.S. BANK NATIONAL ASSOCIATION. A05A0612.Court of Appeals of Georgia. DECIDED JUNE 1, 2005. RECONSIDERATION DENIED JUNE 15, 2005. MILLER, Judge. Appearing pro se, Steven L. Dye and Keith Muma appeal from the trial court’s order dismissing their appeal on the ground that they failed to complete the record. […]

397 S.E.2d 508 THE STATE v. MILLER. A90A1384.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1990. BANKE, Presiding Judge. This is an appeal by the state from the grant of a motion to suppress evidence in a prosecution for possession of cocaine with intent to distribute. At approximately 2:45 p. m. on March 21, 1989, […]

613 S.E.2d 1 CLARK v. THE STATE. A04A2110.Court of Appeals of Georgia. DECIDED JANUARY 26, 2005. RECONSIDERATION DENIED MARCH 29, 2005. SMITH, Presiding Judge. Robert Lee Clark, Jr. appeals pro se from an order entered March 26, 2004, denying his motion for new trial in one case and his motion to withdraw guilty pleas in […]

603 S.E.2d 20 RATHBONE v. WARD. A04A0070.Court of Appeals of Georgia. DECIDED JULY 1, 2004. RECONSIDERATION DENIED JULY 30, 2004. RUFFIN, Presiding Judge. Gary Ward filed a complaint to renew a dormant judgment against John J. Rathbone. The trial court granted Ward’s motion for summary judgment, finding that Ward was the assignee of the Page […]

714 S.E.2d 657 THE STATE v. PADIDHAM. No. A11A0678.Court of Appeals of Georgia. DECIDED JULY 13, 2011. PHIPPS, Presiding Judge. Jyothiswar Padidham was charged with driving under the influence (DUI) and speeding. He moved to suppress certain evidence, including the result of an alco-sensor test administered during the traffic stop and the results of an […]

69 S.E.2d 106 LEGGITT et al. v. ALLEN et al. 33826.Court of Appeals of Georgia. DECIDED JANUARY 23, 1952. Where the petition for a statutory partition of land, by a sale of the whole interest in the land and a division of the proceeds, showed that a recorded deed to secure an unmatured debt was […]

287 S.E.2d 394 RICHARDS v. THE STATE. 62959.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1981. QUILLIAN, Chief Judge. Defendant appeals his resentencing to life imprisonment for conviction of the offense of armed robbery. Held: In Richards v. State, 157 Ga. App. 601 (2) (278 S.E.2d 63), this court affirmed defendant’s conviction but remanded for […]

387 S.E.2d 348 WHITLEY v. THE STATE. A89A1149.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1989. REHEARING DENIED OCTOBER 16, 1989. CARLEY, Chief Judge. Appellant was indicted for unlawfully selling marijuana and was found guilty after a jury trial. He now appeals from the judgment of conviction and sentence entered by the trial court on […]

440 S.E.2d 267 COLLINS et al. v. GRAFTON, INC. A93A0308.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1993. JOHNSON, Judge. The decision of the Court of Appeals in this case having been reversed by the Supreme Court, Collins v. Grafton, Inc., 263 Ga. 441 (435 S.E.2d 37) (1993), our decision in Collins v. Grafton, Inc., […]

10 S.E.2d 99 INGRAM v. LIBERTY MUTUAL INSURANCE COMPANY et al. 28208.Court of Appeals of Georgia. DECIDED JULY 5, 1940. 1. Where the evidence adduced upon the hearing of an application, based on a change in condition, for a review of an award of the Industrial Board, brought pursuant to the Code, § 114-709, authorized […]

596 S.E.2d 656 HAMILTON CAPITAL GROUP, INC. v. EQUIFAX CREDIT INFORMATION SERVICES, INC. (two cases). A03A1676, A03A1677.Court of Appeals of Georgia. DECIDED MARCH 2, 2004. ADAMS, Judge. Hamilton Automotive Mail Company, Inc. (HAMCO) filed a complaint and a motion for temporary restraining order and preliminary injunction against appellee Equifax Credit Information Services, Inc. (Equifax)[1] seeking, […]

31 S.E.2d 107 ALLEN v. THE STATE. 30386.Court of Appeals of Georgia. DECIDED APRIL 27, 1944. REHEARING DENIED JULY 28, 1944. MacINTYRE, J. 1. “A party voluntarily introducing a witness can not impeach him, except where the party `can show to the court that he has been entrapped by the witness by a previous contradictory […]

188 S.E.2d 177 REESE v. TERMPLAN, INC., BOLTON. 46772.Court of Appeals of Georgia.ARGUED JANUARY 5, 1972. DECIDED FEBRUARY 10, 1972. JORDAN, Presiding Judge. The defendant, who is the buyer of a washing machine under a retail instalment contract, Page 474 appeals a judgment on the contract in favor of the plaintiff, the assignee of the […]

297 S.E.2d 375 STATON v. THE STATE. 64933.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1982. QUILLIAN, Chief Judge. The defendant, William Station, Jr., appeals his conviction of a violation of the Georgia Controlled Substances Act. Held: 1. It is alleged that the trial court improperly denied the defendant’s motion to suppress. We do not […]

125 S.E.2d 518 PARSONS, INC. v. YOUNGBLOOD. 39181.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 1962. REHEARING DENIED MARCH 29, 1962. 1. Where it is alleged that a roll of linoleum 12 feet high fell, due to the negligence of the defendant in standing it without further support on an inadequate seven inch base, it […]

221 S.E.2d 53 CLARIDY v. BEAR et al. RODRIGUEZ v. BEAR et al. 51010, 51011.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1975. DECIDED SEPTEMBER 30, 1975. WEBB, Judge. Marilyn Claridy, while operating her automobile, and Judith Rodriguez, a passenger therein, were allegedly injured when their vehicle was struck in the rear by an automobile owned […]

412 S.E.2d 622 CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS v. ALLIED READY MIX, INC. A91A1321.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1991. CARLEY, Presiding Judge. Appellant-defendant (Owner) contracted with Georgia Mountain Contracting, Inc. (Contractor) for the construction of a building. Appellee-plaintiff (Materialman) supplied materials which […]

274 S.E.2d 604 BOSWORTH v. COONEY. 60536.Court of Appeals of Georgia.ARGUED SEPTEMBER 16, 1980. DECIDED OCTOBER 20, 1980. REHEARING DECIDED NOVEMBER 14, 1980. QUILLIAN, Presiding Judge. The defendant Bosworth, doing business as the Gulf to Bay Title Company, appeals from a default judgment entered against him Page 275 by the trial court, and the denial […]

587 S.E.2d 190 BLIER v. GREENE et al. THE COLUMBUS CLINIC v. GREENE et al. A03A1144, A03A1145.Court of Appeals of Georgia. DECIDED: AUGUST 15, 2003 ELLINGTON, Judge. We granted the interlocutory applications of Michael Blier, Ph. D., and the Columbus Clinic to consider whether the trial court erred in refusing to enter judgment on the […]

464 S.E.2d 4 KIRSCH v. JONES et al. A95A1465.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1995. RECONSIDERATIONS DENIED NOVEMBER 2, 1995 AND NOVEMBER 8, 1995. CERT. APPLIED FOR. JOHNSON, Judge. William Brown, Jr., the owner and president of Exclusive Properties, Inc., hired attorneys Taylor Jones and Myles Eastwood to file a lawsuit concerning a […]

499 S.E.2d 398 McGEE v. JONES. A97A2428.Court of Appeals of Georgia. DECIDED MARCH 20, 1998. ELDRIDGE, Judge. Eddie McGee appeals from a judgment entered upon a jury verdict in favor of Elisa A. Jones. Jones sought damages for injuries Jones sustained when she fell from a swing on the porch of a house she rented […]

259 S.E.2d 648 FLUELLEN v. COMMERCIAL CREDIT CORPORATION. 58164.Court of Appeals of Georgia.ARGUED JULY 3, 1979. DECIDED SEPTEMBER 4, 1979. REHEARING DENIED SEPTEMBER 18, 1979. DEEN, Chief Judge. On January 13, 1978, appellee filed a petition for a writ of possession alleging that Willie A. Fluellen was indebted to it in the amount of $630.70 […]

268 S.E.2d 364 HALL et al. v. MIDDLETON et al. 59505.Court of Appeals of Georgia.SUBMITTED FEBRUARY 7, 1980. DECIDED APRIL 10, 1980. DEEN, Chief Judge. Nellie L. Hall and Melvin Hall brought suit against the defendants for injuries sustained by Mrs. Hall in an automobile accident after the vehicle in which she was riding was […]