Category: Georgia Supreme Court Opinions

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 […]

525 S.E.2d 161 MARY LOU RIPPSTINE DAVIS v. KAISER FOUNDATION HEALTH PLAN OF GEORGIA. A98A0951.Court of Appeals of Georgia. DECIDED: NOVEMBER 12, 1999. ANDREWS, Presiding Judge. The Supreme Court, in Davis v. Kaiser Foundation Health Plan of Georgia, 271 Ga. 508 (___ S.E.2d ___) (1999), reversed our decision in Davis v. Kaiser Foundation Health Plan […]

525 S.E.2d 715 GEORGIA DEPARTMENT OF HUMAN RESOURCES v. PINTER. A99A1600.Court of Appeals of Georgia. DECIDED: NOVEMBER 18, 1999. Barnes, Judge. The Georgia Department of Human Resources (“DHR”), on behalf of Angela Pinter, appeals the superior court’s dismissal of DHR’s complaint for contempt filed to collect $22,345 in child support arrears as ordered by an […]

427 S.E.2d 820 ECHOLS v. SMITH. A92A1666.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1993. COOPER, Judge. We granted appellant’s application for discretionary appeal to determine whether the trial court erred in granting visitation rights to the paternal grandmother of three minor children after the children’s natural father voluntarily terminated his parental rights and the […]

259 S.E.2d 664 COX v. DEPARTMENT OF HUMAN RESOURCES. 58099.Court of Appeals of Georgia.SUBMITTED JULY 2, 1979. DECIDED SEPTEMBER 7, 1979. CARLEY, Judge. Appellant, the natural father of a two-year-old child, appeals from the order of the juvenile court terminating his parental rights to the child. 1. Appellant complains of the trial court’s overruling of […]

121 S.E.2d 808 KINSEY v. BOWMAN TRANSPORTATION, INC. 38991.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1961. EBERHARDT, Judge. The evidence in this case was conflicting, but there was ample evidence to sustain the judgment. Invoices showing the cost of the lost merchandise and a canceled check issued in payment thereof constituted all of the […]

351 S.E.2d 718 TOWLES et al. v. COX; and vice versa. 72911, 72912.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1986. McMURRAY, Presiding Judge. Plaintiff Caroline Otto Cox was an employee and manager of the Valet Cleaners at the Vinings Junction Shopping Center, a small strip shopping center located in Cobb County. She brought this […]

532 S.E.2d 491 HILL v. THE STATE. A99A2510.Court of Appeals of Georgia. DECIDED: MARCH 24, 2000. SMITH, Judge. Appellant J.I. Terrell “Pete” Hill was indicted by a Madison County grand jury for malice murder, but a jury convicted him of involuntary manslaughter only. His motion for a new trial was denied, and he appeals. Finding […]

442 S.E.2d 1 STONE v. WINN DIXIE STORES, INC. A93A1918.Court of Appeals of Georgia. DECIDED JANUARY 27, 1994. RECONSIDERATION DENIED MARCH 7, 1994. BEASLEY, Presiding Judge. Stone and his wife filed this negligence action as a result of personal injuries sustained by him when he tripped and fell while shopping at Winn Dixie. Stone testified […]

254 S.E.2d 426 C. W. MATTHEWS CONTRACTING COMPANY, INC. v. CAPITAL FORD TRUCK SALES, INC. 56907.Court of Appeals of Georgia.ARGUED NOVEMBER 14, 1978. DECIDED FEBRUARY 28, 1979. REHEARING DENIED MARCH 16, 1979. BANKE, Judge. The plaintiff, a construction firm, sued for damages allegedly caused by the use of a defective antifreeze purchased from the defendant. […]

277 S.E.2d 744 COVINGTON v. THE STATE. 60675.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1981. POPE, Judge. Covington was convicted of rape and sentenced to life imprisonment. He appeals from the denial of his amended motion for new trial and we affirm. 1. Appellant’s arguments that he was denied his right of confrontation and […]

86 S.E.2d 336 CHARLES S. MARTIN DISTRIBUTING CO., INC. v. MASON DIXON MOTOR LINES, INC. 35544.Court of Appeals of Georgia. DECIDED MARCH 3, 1955. FELTON, C. J. This court has no jurisdiction of a writ of error from the Civil Court of Fulton County in a case involving more than $300 where the bill of […]

15 S.E.2d 471 PERRY v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. 28946.Court of Appeals of Georgia. DECIDED APRIL 21, 1941. REHEARING DENIED JUNE 19, 1941. The judge of the superior court did not err in reversing the award by the Industrial Board of compensation to the claimant. DECIDED APRIL 21, 1941. REHEARING DENIED JUNE […]

543 S.E.2d 98 SOLID WASTE MANAGEMENT AUTHORITY OF CRISP COUNTY, GEORGIA v. TRANSWASTE SERVICES, INC. A00A1966.Court of Appeals of Georgia. DECIDED: NOVEMBER 28, 2000. PHIPPS, Judge. Transwaste Services, Inc. (Transwaste), filed this complaint against the Solid Waste Management Authority of Crisp County (the Authority) seeking a recovery for services rendered by Transwaste to the Authority […]

269 S.E.2d 532 LARSON v. FRIEDMAN SNYDER. 59767.Court of Appeals of Georgia.SUBMITTED APRIL 16, 1980. DECIDED MAY 20, 1980. McMURRAY, Presiding Judge. This is an action on an open account by a professional association of dentists against a patient and her husband for services rendered. The defendants answered, denying the allegation of indebtedness and contending […]

313 S.E.2d 764 MIDDLEBROOKS v. THE STATE. 67419.Court of Appeals of Georgia. DECIDED JANUARY 13, 1984. BIRDSONG, Judge. George Ray Middlebrooks was convicted of armed robbery and sentenced to serve a life sentence. He brings this appeal enumerating four alleged errors. Held: 1. Middlebrooks urges error in the denial of his motion for a directed […]

436 S.E.2d 85 GOODMAN v. THE STATE. A93A1512.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1993. BLACKBURN, Judge. On February 21, 1992, a Fulton County Grand Jury indicted appellant, Kent Goodman, for possession of cocaine with intent to distribute. The trial court denied Goodman’s motion to suppress the evidence. Thereafter, Goodman reserved the right to […]

92 S.E.2d 565 SAYLOR et al. v. WILLIAMS, Commissioner; and vice versa. 36068, 36082.Court of Appeals of Georgia. DECIDED MARCH 8, 1956. REHEARING DENIED MARCH 26, 1956. The trial judge erred in overruling the defendants’ affidavit of illegality and denying the motion to dismiss the levy. The judge did not err in denying the Revenue […]

650 S.E.2d 591 DALTON v. THE STATE. No. A07A1101.Court of Appeals of Georgia. DECIDED JULY 18, 2007. SMITH, Presiding Judge. Derek Dalton appeals his conviction for leaving the scene of an accident, OCGA § 40-6-270, contending in his sole enumeration of error that the State failed to prove all the elements of the offense. We […]

109 S.E.2d 613 PALMER v. THE STATE. 37718.Court of Appeals of Georgia. DECIDED JUNE 29, 1959. CARLISLE, Judge. 1. Where the defendant was charged with the offense of burglary in an indictment which alleged his previous conviction of several charges of felonies for the purpose of fixing the maximum penalty for the offense of burglary […]

342 S.E.2d 17 GRAEFF et al. v. HOME FEDERAL SAVINGS LOAN ASSOCIATION. 71935.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1986. BIRDSONG, Presiding Judge. This is an appeal from a judgment for deficiency following appellants’ default upon a vehicle lease agreement and repossession by the appellee. The Graeffs appeal. Held: 1. The only dispute extant […]

236 S.E.2d 552 JOHNSON v. THE STATE. 53926.Court of Appeals of Georgia.SUBMITTED MAY 3, 1977. DECIDED JUNE 15, 1977. BELL, Chief Judge. The defendant was convicted of child molestation and appeals Held: 1. The mother of a six-year-old daughter, and a police officer were allowed to testify as to the particulars of the alleged crime […]

561 S.E.2d 199 IN THE INTEREST OF: B. W., a child. A01A2086.Court of Appeals of Georgia. DECIDED: FEBRUARY 27, 2002 MIKELL, Judge. B. W.’s father appeals the order denying his motion to set aside the juvenile court’s judgment terminating his parental rights.[1] We affirm. On appeal from an order terminating parental rights, this Court must […]

86 S.E.2d 639 DIGGS v. DIGGS et al. (two cases). 35533, 35534.Court of Appeals of Georgia. DECIDED MARCH 14, 1955. Where there are two ceremonial marriages and the second is void because the man had previously married and was undivorced, the children of the purported second marriage are legitimate and entitled to a year’s support […]

320 S.E.2d 872 TROY v. INTERFINANCIAL, INC. et al.; and vice versa. 68007, 68008.Court of Appeals of Georgia. DECIDED JULY 12, 1984. REHEARING DENIED JULY 25, 1984. McMURRAY, Chief Judge. Wendell N. Troy, Sr. was employed for a number of years by United Family Life Insurance Company. His employment was subsequently terminated “after over 19 […]

679 S.E.2d 731 TIMS et al. v. HASSELBERGER. No. A09A0035.Court of Appeals of Georgia. DECIDED APRIL 24, 2009. RECONSIDERATION DENIED JUNE 9, 2009. DOYLE, Judge. Dolores Hasselberger filed a wrongful death action against Frances Nadine Tims and Michael Anthony Tims after her 16-year-old son, Greg Wade Murray, died after consuming alcohol and methadone pills at […]

456 S.E.2d 740 RANGEL v. THE STATE. A95A0712.Court of Appeals of Georgia. DECIDED MARCH 30, 1995. BLACKBURN, Judge. Appellant, Thomas Jesse Rangel, appeals from the trial court’s order denying his plea in bar of prosecution upon the charge of simple battery in violation of OCGA § 16-5-23.1. On July 14, 1994, Rangel and others were […]

315 S.E.2d 24 BRANTON v. STONE. 67066.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1984. CARLEY, Judge. Appellant was formerly married to appellee. Under their decree of divorce, appellant had custody of the parties’ minor son, and appellee had certain specified visitation rights. Appellee instituted Page 738 change of custody proceedings, alleging that appellant had […]

439 S.E.2d 94 DELOACH v. HEWES et al. A93A2556.Court of Appeals of Georgia. DECIDED DECEMBER 9, 1993. BLACKBURN, Judge. Appellant Robert Deloach, by and through guardian and next friend, Arthur Deloach, Jr., plaintiff in the underlying action, appeals the trial court’s order granting the defendants’ motion for summary judgment or in the alternative, motion to […]

412 S.E.2d 293 GOSWICK v. THE STATE. A91A1482.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1991. SOGNIER, Chief Judge. Traci Joyce Goswick was convicted by a Whitfield County jury on six counts of financial transaction card fraud (OCGA § 16-9-33 (a)). She appeals from the denial of her motion for new trial, enumerating the general […]

57 S.E.2d 879 C. L. FAIN CO. v. BALTIMORE AMERICAN INS. CO. 32806.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1950. REHEARING DENIED MARCH 3, 1950. Under the facts of this case a jury would have been authorized to find that the automobile, which was insured against theft, was in fact lost by the larceny […]

254 S.E.2d 902 JONES v. MONROE NURSING HOME, INC. et al. 57225.Court of Appeals of Georgia.ARGUED FEBRUARY 13, 1979. DECIDED APRIL 9, 1979. McMURRAY, Presiding Judge. This is a personal injury case resulting from an elevator incident in a nursing home. Plaintiff sued the nursing home (a corporation), two individuals allegedly doing business as the […]

266 S.E.2d 299 GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. NELSON. 59158.Court of Appeals of Georgia.ARGUED JANUARY 16, 1980. DECIDED FEBRUARY 27, 1980. McMURRAY, Presiding Judge. On November 3, 1977, Bill Chambers, d/b/a Chambers Dairy Company, was insured by Georgia Farm Bureau Mutual Insurance Company under one of its policies which contains coverage of a […]

672 S.E.2d 433 COLLINS et al. v. DICKMAN et al. No. A08A1725.Court of Appeals of Georgia. DECIDED DECEMBER 31, 2008. RECONSIDERATION DENIED JANUARY 21, 2009. ANDREWS, Judge. On appeal in this medical malpractice action, William Larry Collins and his wife Gail argue that the trial court erred when it granted summary judgment to Dr. Kenneth […]

384 S.E.2d 467 ALLEN v. THE STATE. SULLIVAN v. THE STATE. A89A0152, A89A0225.Court of Appeals of Georgia. DECIDED JULY 13, 1989. DEEN, Presiding Judge. Appellants, after being pursued in a high-speed police chase along I-285 in January 1986, were apprehended when the car appellant Allen was driving and in which appellant Sullivan was a passenger […]

681 S.E.2d 188 LAKE ERMA, LLC et al. v. HENRY COUNTY BOARD OF TAX ASSESSORS. No. A09A1165.Court of Appeals of Georgia. DECIDED JULY 6, 2009. MIKELL, Judge. On November 3, 2006, appellants Lake Erma, LLC; Crystal Lake Golf Club, LLC; J. P. Evans; and Tim Jones (hereinafter “plaintiffs”) appealed to the Superior Court of Henry […]

673 S.E.2d 617 GREENE v. GEORGIA DEPARTMENT OF TRANSPORTATION. No. A08A2343.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 2009. JOHNSON, Presiding Judge. After being injured in a traffic accident at a highway construction site, Herbert L. Greene sued the Georgia Department of Transportation (“DOT”), alleging that it negligently operated and maintained the roadway. The DOT […]

387 S.E.2d 403 HARVEY et al. v. TAYLOR et al. A89A1214.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1989. SOGNIER, Judge. Mary Lou Harvey and her son, Everett Harvey, brought suit against Vince Taylor, Douglas Simpson, Phoebe Stallings, and Geraldine Stallings to recover damages for injuries sustained in an automobile accident. The Harveys appeal from […]

296 S.E.2d 636 WALKER et al. v. LITTLE. 64344.Court of Appeals of Georgia. DECIDED OCTOBER 25, 1982. REHEARING DENIED NOVEMBER 17, 1982. CARLEY, Judge. Appellants, Mr. and Mrs. Walker, originally filed suit against T. C. Little and Tony Marvin Little in the Superior Court of Cherokee County on May 14, 1979, seeking damages arising from […]

178 S.E.2d 699 BOATNER v. THE STATE. 45847.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1970. PANNELL, Judge. The defendant was convicted of the offense of possession of marijuana and sentenced to two years on April 15, 1970. He appealed from the judgment of conviction and sentence to the Supreme Court of this State and […]

524 S.E.2d 283 CARLSON v. THE STATE. A99A1419.Court of Appeals of Georgia. DECIDED: NOVEMBER 1, 1999. SMITH, Judge. Gary Carlson was convicted of the offense of misdemeanor possession of marijuana. After the denial of his motion for new trial, Carlson filed this appeal to challenge two evidentiary rulings by the trial court and the court’s […]

108 S.E.2d 140 SUMMERS v. THE STATE. 37535.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1959. REHEARING DENIED FEBRUARY 25, 1959. CARLISLE, Judge. 1. Where the defendant was charged with murder of his infant male child by striking and beating him with his hands and fists, and by striking and beating him with a man’s […]

491 S.E.2d 417 TAYLOR v. THE STATE. A97A1457.Court of Appeals of Georgia. DECIDED AUGUST 13, 1997. RECONSIDERATION DENIED SEPTEMBER 2, 1997 — CERT. APPLIED FOR. BLACKBURN, Judge. After a bench trial, John Patrick Taylor a/k/a Patrick John Taylor, pro se, appeals his conviction of burglary. Taylor contends that the trial court erred in failing to […]

242 S.E.2d 350 JOHNSON v. CASTLEBERRY. 55114.Court of Appeals of Georgia.SUBMITTED JANUARY 11, 1978. DECIDED FEBRUARY 3, 1978. WEBB, Judge. The trial judge directed a verdict for the defendant here, and we reverse. The evidence shows that Mrs. Mattie Johnson was employed at Castleberry’s dry cleaning store. She was to manage the store and do […]

184 S.E.2d 694 BERRY v. CONSUMER CREDIT OF VALDOSTA. 46480.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 8, 1971. DECIDED OCTOBER 13, 1971. PANNELL, Judge. This is an appeal to this court from the denial by the Judge of the Superior Court of Lanier County, Georgia, of an appeal to that court from the small claims court […]

433 S.E.2d 722 KING v. THE STATE. A93A0802.Court of Appeals of Georgia. DECIDED JULY 15, 1993. SMITH, Judge. David King was tried before a jury and found guilty of one count of incest and two counts of child molestation for acts committed against his eleven-year-old daughter. One count of molestation was merged with the incest […]

511 S.E.2d 552 MILLER v. THE STATE. A98A2360.Court of Appeals of Georgia. DECIDED: JANUARY 29, 1999. JOHNSON, Chief Judge. A jury found Edwina Miller guilty of committing theft by receiving stolen property. The property had been stolen in a burglary of an Oconee County home. Miller appeals from her conviction, claiming the trial court erred […]

213 S.E.2d 90 SALISBURY v. THE STATE. 50133.Court of Appeals of Georgia.SUBMITTED JANUARY 14, 1975. DECIDED FEBRUARY 13, 1975. EVANS, Judge. A motion to dismiss the appeal has been filed with affidavits attached in support thereof showing the defendant has escaped confinement and is no longer in custody. No denial of these facts alleged and […]

332 S.E.2d 686 FAIRCLOTH v. THE STATE. 70113.Court of Appeals of Georgia. DECIDED JUNE 12, 1985. McMURRAY, Presiding Judge. Defendant was convicted of the offense of burglary and following the imposition of sentence, he appeals. Defendant was arrested inside a grocery store in Whigham, Georgia, in the early morning hours of February 18, 1984. Because […]

183 S.E.2d 510 CONTINENTAL CARRIERS, INC. v. MORSE ELECTRO PRODUCTS CORPORATION. 46218.Court of Appeals of Georgia.ARGUED MAY 4, 1971. DECIDED JULY 16, 1971. PANNELL, Judge. Appellee, Morse Electro Products Corporation, brought an action against Continental Carriers, Inc., appellant, operator of a warehouse, seeking recovery for fifty stereo component systems allegedly placed in bailment with the […]

381 S.E.2d 582 WOODRUFF v. THE STATE. A89A0366.Court of Appeals of Georgia. DECIDED APRIL 14, 1989. CARLEY, Chief Judge. Appellant was tried before a jury and found guilty of two counts of aggravated child molestation. He appeals from the judgments of conviction and sentences that were entered on the jury’s guilty verdicts. Appellant moved for […]

581 S.E.2d 660 KEILHOLTZ v. THE STATE. A03A0306.Court of Appeals of Georgia. DECIDED: APRIL 16, 2003 RUFFIN, Presiding Judge. Harry Robert Keilholtz was convicted of possessing methamphetamine with intent to distribute. He appeals, asserting that the trial court erred in denying his motion to suppress evidence. We affirm. On appeal from the denial of a […]

470 S.E.2d 260 ARTLIP v. QUELER ET AL. A95A2796Court of Appeals of Georgia. DECIDED MARCH 15, 1996 — CERT. APPLIED FOR. BLACKBURN, Judge. Plaintiff Artlip appeals the trial court’s grant of summary judgment to defendants (landlord) in her action for injuries sustained by her in the pool area of the apartment complex owned by landlord […]

495 S.E.2d 43 SOUTHERN ELECTRONICS DISTRIBUTORS, INC. v. MARSH. A97A1366.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1997 — RECONSIDERATION DENIED DECEMBER 15, 1997. POPE, Presiding Judge. After Charles Marsh left the employ of Southern Electronics Distributors, Inc. (“SED”) and began working for one of SED’s competitors, SED sued Marsh for violating several restrictive covenants […]

241 S.E.2d 15 BROWN TRANSPORTATION CORPORATION v. ATCON, INC. 54694.Court of Appeals of Georgia.SUBMITTED OCTOBER 4, 1977. DECIDED NOVEMBER 15, 1977. REHEARING DENIED DECEMBER 7, 1977. McMURRAY, Judge. Atcon, Inc., a Georgia corporation, delivered four separate shipments of carpeting materials to Brown Transportation Corporation, operator of Harper Motor Lines, Inc., to be shipped collect to […]

316 S.E.2d 183 DAWSON et al. v. MASON (two cases). 65949, 66287.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1984. McMURRAY, Chief Judge. In Dawson v. Mason, 167 Ga. App. 129 (305 S.E.2d 820) (two cases), we affirmed the judgments in part and reversed in part with reference to the grant of partial summary judgments […]

476 S.E.2d 648 GILLIS v. AMERICAN GENERAL LIFE ACCIDENT INSURANCE COMPANY ET AL. A96A1575.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1996. McMURRAY, Presiding Judge. Mathel Lee Gillis, an independent insurance agent and former representative of American General Life Accident Insurance Company (“American”), filed an action against American, and two of its agents, defendants Alton […]

383 S.E.2d 605 GEORGIA REAL ESTATE COMMISSION v. SYFAN et al. A89A0770.Court of Appeals of Georgia. DECIDED JUNE 20, 1989. CARLEY, Chief Judge. The facts, insofar as they are relevant to this appeal, are as follows: Appellee’s real estate license was revoked in 1975. In 1987, he was considering his reentry into the real estate […]

637 S.E.2d 418 USA PAYDAY CASH ADVANCE CENTER #1, INC. et al. v. EVANS et al. No. A06A1226.Court of Appeals of Georgia. DECIDED AUGUST 24, 2006. RECONSIDERATION DENIED OCTOBER 12, 2006. MIKELL, Judge. On August 6, 2004, plaintiff Ina Claire Evans filed a putative class action against defendants USA Payday Cash Advance Center #1, Inc., […]

370 S.E.2d 843 MOORE et al. v. GOLDOME CREDIT CORPORATION et al. 76459.Court of Appeals of Georgia. DECIDED JUNE 21, 1988. BIRDSONG, Chief Judge. This is an appeal from the order of the superior court granting summary judgment to the appellee Goldome Credit Corporation (GCC). Appellants assert that the trial court erred in concluding that […]

472 S.E.2d 113 HIGHT v. THE STATE. A96A0732.Court of Appeals of Georgia. DECIDED MAY 29, 1996. McMURRAY, Presiding Judge. Defendant was charged with the offenses of burglary, theft by taking and false report of a crime. The evidence adduced at a jury trial reveals that the victim interrupted a burglary at his residence at about […]

38 S.E.2d 131 MURRAY, administratrix, v. ANDERSON, guardian, etc. 31172.Court of Appeals of Georgia. DECIDED APRIL 11, 1946. REHEARING DENIED MAY 3, 1946. 1. “A person placing his signature upon an instrument other than as maker, drawer, or acceptor is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to […]

653 S.E.2d 65 PULLIAM v. THE STATE. No. A07A1558.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 2007. RECONSIDERATION DENIED OCTOBER 2, 2007. MILLER, Judge. Following a jury trial, Gregory Pulliam was convicted of trafficking in cocaine and obstruction of an officer. He now appeals from the trial court’s denial of his motion for a new […]

165 S.E.2d 469 AETNA INSURANCE COMPANY et al. v. WOODY. 43700.Court of Appeals of Georgia.ARGUED JUNE 3, 1968. DECIDED OCTOBER 23, 1968. REHEARING DENIED DECEMBER 11, 1968. WHITMAN, Judge. This is a workmen’s compensation case and arises out of an accident in which the claimant, James H. Woody, a construction worker, received head injuries when […]

621 S.E.2d 515 TERRELL v. THE STATE. A05A1245.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 2005. BERNES, Judge. A Cobb County jury convicted appellant Tracey Lamar Terrell of theft by conversion.[1] He appeals from the denial of his motion for new trial, challenging only the sufficiency of the evidence to support his conviction. Terrell contends […]

394 S.E.2d 398 HARPER v. DEPARTMENT OF TRANSPORTATION et al. A90A0670.Court of Appeals of Georgia. DECIDED MAY 11, 1990. BEASLEY, Judge. Plaintiff Harper, administrator of the estate of his brother, who died from a highway collision, was granted interlocutory appeal from the denial of his motion to add parties defendant in this wrongful death suit […]

523 S.E.2d 392 McNAIR v. THE STATE. A99A1371.Court of Appeals of Georgia. DECIDED: OCTOBER 8, 1999. MILLER, Judge. A jury found Ollie McNair guilty of possession of cocaine with intent to distribute, tampering with evidence, and obstruction of an officer. McNair appeals, raising four enumerations of error. We affirm. 1. Pursuant to OCGA § 17-7-70.1, […]

668 S.E.2d 451 SIMPSON v. THE STATE. No. A08A1562.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 2008. RECONSIDERATION DENIED OCTOBER 1, 2008. ELLINGTON, Judge. A Cobb County jury found Michael Simpson guilty beyond a reasonable doubt of armed robbery, OCGA § 16-8-41 (a); false imprisonment, OCGA § 16-5-41 (a); theft by receiving stolen property, OCGA […]

307 S.E.2d 759 HENDRIX v. BYERS BUILDING SUPPLY, INC. 66709.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1983. QUILLIAN, Presiding Judge. Byers Building Supply, Inc., brought an action in the state court of Glynn County against Joseph Hendrix. In its claim plaintiff sought to recover sums owed it by Hendrix-Shepard, Inc., on the theory that […]

503 S.E.2d 327 CHENEY v. THE STATE. A98A1050.Court of Appeals of Georgia. DECIDED JUNE 23, 1998 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant was charged in an indictment with aggravated assault, by use of a deadly weapon, and also with possession of a firearm during the commission of a felony. The evidence at his […]

659 S.E.2d 905 WAL-MART STORES, INC. v. LEE. No. A07A1620.Court of Appeals of Georgia. DECIDED MARCH 26, 2008. PHIPPS, Judge. Wal-Mart Stores, Inc. appeals from a judgment entered against it in this premises liability case brought by Katoria Lee. Wal-Mart Stores contends that the trial court erred in imposing sanctions Page 542 against it for […]

396 S.E.2d 562 GEORGIA POWER COMPANY v. GEORGIA PUBLIC SERVICE COMMISSION et al. AMERICAN ASSOCIATION OF RETIRED PERSONS v. GEORGIA PUBLIC SERVICE COMMISSION et al. A90A0494, A90A0495.Court of Appeals of Georgia. DECIDED JULY 13, 1990. REHEARING DENIED JULY 30, 1990. BEASLEY, Judge. Pursuant to OCGA § 50-13-20, we here review a decision of the superior […]

92 S.E.2d 573 BLUNT et al. v. SPEARS, by Next Friend et al. SPEARS, by Next Friend, v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY et al. 36026, 36027.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1956. REHEARING DENIED MARCH 16, 1956. 1. The court erred in sustaining the general demurrer of the defendant telephone company and […]

570 S.E.2d 38 THURMAN v. THE STATE. A02A1555.Court of Appeals of Georgia. DECIDED: JULY 30, 2002 BLACKBURN, Chief Judge. Torandall Antwan Thurman appeals his conviction by a jury of aggravated assault, hijacking a motor vehicle, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. He […]

668 S.E.2d 316 SCHOFIELD INTERIOR CONTRACTORS, INC. et al. v. STANDARD BUILDING COMPANY, INC. et al. No. A08A1026.Court of Appeals of Georgia. DECIDED OCTOBER 3, 2008. MIKELL, Judge. In this construction litigation case arising out of a contract to renovate an office building, Schofield Interior Contractors, Inc. (“Schofield”) and Ron Marshall filed a complaint against […]

596 S.E.2d 778 PARTRIDGE v. THE STATE. A03A1679.Court of Appeals of Georgia. DECIDED MARCH 17, 2004. PHIPPS, Judge. Following a stipulated bench trial, Stuart Partridge was convicted and sentenced for operating a motor vehicle while having an illegal alcohol concentration, driving under the influence of alcohol to the extent it was less safe for him […]

312 S.E.2d 806 W. J. BREMER COMPANY, INC. v. GRAHAM et al. 66338.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 1983. REHEARING DENIED DECEMBER 13, 1983. POPE, Judge. On July 17, 1978 Lucian Graham suffered physical injuries as a result of the collision of the motorcycle he was riding and a truck owned by appellant. […]

449 S.E.2d 618 TURNER v. SUMTER SELF STORAGE COMPANY et al. A94A1530.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1994. RECONSIDERATION DENIED NOVEMBER 2, 1994. BIRDSONG, Presiding Judge. Charles Turner appeals the grant of summary judgment to Sumter Self Storage Company, formerly known as Sumter Redi-Mix, Inc. (“Sumter”). Turner sued Sumter after he was injured […]

13 S.E.2d 192 LUNSFORD et al. v. CARDEN. 28609.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 1941. 1. The evidence, though conflicting, was sufficient to authorize the verdict in favor of the plaintiff. 2. The charge of the court was not error for the reason assigned. 3. The court did not err in overruling the […]

302 S.E.2d 737 HANDY v. THE STATE. 65464.Court of Appeals of Georgia. DECIDED MARCH 17, 1983. POPE, Judge. Appellant was convicted of robbery and sentenced to 20 years imprisonment. His appointed attorney has filed a motion to withdraw as counsel on appeal pursuant to Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d […]

267 S.E.2d 788 In re NORRIS et al. 58326.Court of Appeals of Georgia.ARGUED SEPTEMBER 24, 1979. DECIDED MARCH 12, 1980. REHEARING DENIED MARCH 31, 1980. McMURRAY, Presiding Judge. This action was initiated when a rule nisi was filed in the office of the Clerk of the Superior Court of Columbia County and served upon the […]

293 S.E.2d 364 FRANKLIN v. COLLINS et al. 63647.Court of Appeals of Georgia. DECIDED JUNE 29, 1982. POPE, Judge. Appellant brings this appeal from the trial court’s order granting appellees’ motions to set aside judgment. “However, the grant of a motion to set aside a judgment, like the grant of a motion for new trial, […]

448 S.E.2d 713 HOWARD MOTOR COMPANY, INC. et al. v. SWINT et al. A94A1371.Court of Appeals of Georgia. DECIDED AUGUST 17, 1994. RECONSIDERATION DENIED SEPTEMBER 21, 1994. BIRDSONG, Presiding Judge. We granted this interlocutory appeal to determine whether the trial court erred in denying separate trials to defendants Howard Motor Company, Inc. and John Howard […]

102 S.E.2d 64 GRIFFIN et al., Commissioners v. BASS et al. 36964.Court of Appeals of Georgia. DECIDED JANUARY 22, 1958. The court did not err in overruling the general demurrers to the petition. DECIDED JANUARY 22, 1958. Page 893 Petition for declaratory judgment. Before Judge Alverson. Fulton Superior Court. October 3, 1957. Chester H. Bass […]

686 S.E.2d 305 COLLINS v. THE STATE. No. A09A2094.Court of Appeals of Georgia. DECIDED OCTOBER 28, 2009. BLACKBURN, Presiding Judge. Following a jury trial, Eddie Collins was convicted on two counts of aggravated battery, [1] four counts of aggravated assault, [2] one count of reckless driving, [3] one count of reckless conduct, [4] and one […]

650 S.E.2d 409 ESSUON v. THE STATE. No. A07A1379.Court of Appeals of Georgia. DECIDED JULY 30, 2007. PHIPPS, Judge. Kwame Essuon appeals his convictions on two counts of criminal solicitation to commit a felony (the underlying felony in this case being murder). He challenges the sufficiency of the evidence and the legality of his sentences, […]

202 S.E.2d 682 MILLER v. THE STATE. 48722.Court of Appeals of Georgia.SUBMITTED NOVEMBER 5, 1973. DECIDED NOVEMBER 21, 1973. DEEN, Judge. Under Code Ann. § 26-2018 no conviction for statutory rape shall be had on the unsupported testimony of the female. This nine-year-old child testified in detail as to the circumstances of an act of […]

416 S.E.2d 829 LATTIMORE v. THE STATE. A91A2173.Court of Appeals of Georgia. DECIDED MARCH 6, 1992. COOPER, Judge. Appellant was convicted by a jury of robbery by sudden snatching (OCGA § 16-8-40 (a) (3)) and obstruction of an officer (OCGA § 16-10-24 (b)). He appeals from the denial of his motion for new trial. 1. […]

565 S.E.2d 530 WORMLEY v. THE STATE. A02A0729.Court of Appeals of Georgia. DECIDED: MAY 10, 2002. MIKELL, Judge. Neil Wormley was indicted for two counts of child molestation and one count of public indecency. After a bench trial, he was convicted of both child molestation counts and acquitted of public indecency. Wormley appeals from the […]

44 S.E.2d 688 SOUTHERN RAILWAY COMPANY v. PORTER. 31632.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1947. REHEARING DENIED OCTOBER 29, 1947. A valuation clause in a bill of lading limiting the amount of the carrier’s liability for loss or damage to goods shipped in an amount not exceeding one dollar per hundred pounds on […]

388 S.E.2d 55 THE STATE v. WILLIAMS. A89A1366.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1989. BENHAM, Judge. The State appeals from the grant of appellee’s motion to suppress the cocaine seized from him in a warrantless search. We affirm the trial court’s ruling. It is well established that in a motion to suppress the […]

638 S.E.2d 848 LATTIMORE v. THE STATE. A06A2047.Court of Appeals of Georgia. DECIDED November 16, 2006. PHIPPS, Judge. A jury found Isaac Lattimore guilty of armed robbery, aggravated assault, and possession of a firearm during the commission of a felony. At the second phase of the bifurcated proceeding, the court found him guilty of possession […]

168 S.E.2d 596 QUATTLEBAUM, by Next Friend v. ALLSTATE INSURANCE COMPANY. 44454.Court of Appeals of Georgia.ARGUED MAY 5, 1969. DECIDED MAY 16, 1969. REHEARING DENIED JUNE 13, 1969. FELTON, Chief Judge. 1. A condition precedent to an action against an insurer to recover benefits under uninsured motorists coverage, pursuant to Ga. L. 1963, p. 588; […]

556 S.E.2d 892 BAKER v. THE STATE. A01A1090.Court of Appeals of Georgia. DECIDED: DECEMBER 3, 2001 MIKELL, Judge. After a jury trial, Chris Baker was convicted of driving under the influence of alcohol to the extent that he was a less safe driver.[1] Baker appeals his conviction, arguing that the trial court improperly denied his […]

679 S.E.2d 47 HOLLIE v. THE STATE. No. A09A0667.Court of Appeals of Georgia. DECIDED MAY 15, 2009. MIKELL, Judge. After a jury trial, Jim Phillip Hollie was convicted of aggravated child molestation, aggravated sexual battery, and four counts of child molestation. Hollie was sentenced to 30 years, 15 of which he was ordered to serve […]

71 S.E.2d 253 GLOSS v. JACOBS et al. 33911.Court of Appeals of Georgia. DECIDED MAY 21, 1952. The plaintiff’s declaration in attachment, as amended, was not duplicitous in that it contained in one count several separate and distinct causes of action, and the court erred in sustaining the special demurrers thereto and in dismissing the […]

370 S.E.2d 808 MOON v. THE STATE. 76250.Court of Appeals of Georgia. DECIDED JUNE 15, 1988. McMURRAY, Presiding Judge. Defendant was convicted of the offense of burglary and on appeal raises the sufficiency of the evidence as his sole enumeration of error. Held: The State’s evidence shows that the burglary occurred at a residence. Entry […]

150 S.E.2d 353 MILLER v. THE STATE. 42078.Court of Appeals of Georgia.SUBMITTED JUNE 8, 1966. DECIDED JUNE 22, 1966. REHEARING DENIED JULY 8, 1966. DEEN, Judge. 1. “Where the evidence shows that intoxicating liquor was found in the place of business of one charged with possession of such liquor, an inference arises that said liquor […]