Category: Georgia Supreme Court Opinions

414 S.E.2d 287 S. HAMMOND STORY AGENCY, INC. v. BAER. A91A0862.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1991. RECONSIDERATION DENIED DECEMBER 19, 1991. CARLEY, Presiding Judge. Alleging that appellee-defendant had breached a restrictive covenant ancillary to the sale of a business in which he had been a minority shareholder, appellant-plaintiff brought an action for […]

645 S.E.2d 550 THE STATE v. AUSTELL. No. A06A2171.Court of Appeals of Georgia. DECIDED MARCH 23, 2007. RECONSIDERATION DENIED APRIL 12, 2007. BARNES, Chief Judge. The State appeals (see OCGA § 5-7-1 (4); State v. Mack, 207 Ga. App. 287 (1) (427 SE2d 615) (1993)) the trial court’s grant of Vinson Larry Austell’s motion in […]

544 S.E.2d 208 SMITH v. THE STATE. Ru-085C A00A2133.Court of Appeals of Georgia. DECIDED: JANUARY 10, 2001. RUFFIN, Judge. A Liberty County jury found Roy Smith guilty of five counts of possession of a vehicle with an altered vehicle identification number (VIN). On appeal, Smith contends that the trial court erred in admitting a computerized […]

133 S.E.2d 622 GULF LIFE INSURANCE COMPANY v. BELCH; and vice versa. 40223, 40224.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 1963. REHEARING DENIED OCTOBER 16, 1963. Where there is no substantial conflict in the evidence, which is all circumstantial, and the only reasonable deductions and inferences from the facts proved point to death by […]

405 S.E.2d 884 NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION v. OGLETREE et al. NEWTON CROUCH, INC. v. OGLETREE et al. A91A0011, A91A0012.Court of Appeals of Georgia. DECIDED APRIL 18, 1991. REHEARING DENIED MAY 15, 1991. POPE, Judge. This is a wrongful death action for the death of plaintiff Ogletree’s husband, who died as a result of injuries […]

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 […]

523 S.E.2d 648 THE STATE v. BURKS and vice versa. A99A1458, A99A1459.Court of Appeals of Georgia. DECIDED: OCTOBER 19, 1999. BLACKBURN, Presiding Judge. Gabriel Burks was indicted on charges of obstruction of an officer, aggravated assault, loitering or prowling, public drunkenness, criminal trespass, and possession of cocaine. In Case No. A99A1458, the State appeals the […]

451 S.E.2d 103 ANDERSON v. THE STATE. A94A1085.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1994. RECONSIDERATION DENIED DECEMBER 5, 1994. SMITH, Judge. Marcus Anderson was convicted of possessing cocaine with intent to distribute, fleeing to elude a police officer, and reckless driving. His motion for new trial was denied. His appeal is addressed only […]

10 S.E.2d 218 STEPHENS v. SNYDER. 28349.Court of Appeals of Georgia. DECIDED JUNE 10, 1940. REHEARING DENIED JULY 30, 1940. The court did not err in sustaining the general demurrer to the petition and in dismissing the action. DECIDED JUNE 10, 1940. REHEARING DENIED JULY 30, 1940. Action for damages; from Bibb superior court — […]

406 S.E.2d 285 AGENCY MANAGEMENT SERVICES v. ESCAPE TRAVEL/TOUR SERVICES. A91A0468.Court of Appeals of Georgia. DECIDED JUNE 5, 1991. McMURRAY, Presiding Judge. Escape Travel/Tour Services (plaintiff) instituted this action for enforcement of a foreign judgment in the State Court of Fulton County, Georgia, and filed an authenticated judgment from the District Court of Clark County, […]

320 S.E.2d 570 BROWN v. PEARSON et al. 68406.Court of Appeals of Georgia. DECIDED JUNE 25, 1984. REHEARING DENIED JULY 11, 1984. BANKE, Presiding Judge. This action to recover for alleged conversion of personal property is clearly barred by the 4-year limitation period set forth in OCGA § 9-3-32. The running of the statute was […]

279 S.E.2d 766 DUKE v. THE STATE. 61603.Court of Appeals of Georgia. DECIDED MARCH 19, 1981. DEEN, Presiding Judge. The defendant was indicted and convicted of robbery by sudden snatching by entering a small grocery store at closing time, opening the cash register, and running out with the bills. His appeal contains three enumerations of […]

483 S.E.2d 352 WYNN v. THE STATE. A97A0179.Court of Appeals of Georgia. DECIDED MARCH 5, 1997. JOHNSON, Judge. Terry Lamar Wynn appeals his conviction and sentence on charges of theft by receiving and simple battery. Finding the evidence sufficient to support the convictions and Wynn’s remaining enumerations of error without merit, we affirm. 1. We […]

187 S.E.2d 690 WESTERN CONTRACTING CORPORATION v. STATE HIGHWAY DEPARTMENT. 46603.Court of Appeals of Georgia.ARGUED OCTOBER 5, 1971. DECIDED JANUARY 26, 1972. CLARK, Judge. Plaintiff-appellant’s several count complaint alleges existence of a highway construction contract between the parties and breach thereof in several respects. This appeal is from an order granting both a motion to […]

494 S.E.2d 724 STATE OF GEORGIA v. GOBER. A97A1145.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1997 — CERT. APPLIED FOR. SMITH, Judge. The State appeals the denial of its motion for summary judgment or dismissal. Marie Childers was employed by the Juvenile Court of the Blue Ridge Judicial Circuit and as a public service […]

668 S.E.2d 549 MARTIN v. THE STATE. No. A08A1097.Court of Appeals of Georgia. DECIDED OCTOBER 20, 2008. ANDREWS, Judge. Eddie Davis Martin appeals from the judgment entered after a jury convicted him of aggravated sexual battery, aggravated child molestation, and three counts of child molestation. Martin contends that he was denied effective assistance of counsel, […]

235 S.E.2d 761 TURNER et al. v. HUTCHINSON. 53545.Court of Appeals of Georgia.SUBMITTED FEBRUARY 28, 1977. DECIDED MAY 17, 1977. SMITH, Judge. Hutchinson, appellee, sued Turner, appellant, for damages for breach of contract. An auditor appointed by the superior court, after hearing the evidence and arguments from the parties, entered a finding in favor of […]

677 S.E.2d 773 WILLIAMS v. THE STATE. No. A09A0836.Court of Appeals of Georgia. DECIDED APRIL 23, 2009. JOHNSON, Presiding Judge. Shawn Williams was charged with vehicular homicide, reckless driving, driving while under the influence of a drug, following too closely, and serious injury by vehicle. He moved to suppress results of a blood test that […]

643 S.E.2d 842 IN THE INTEREST OF D. T., a child. No. A06A1815.Court of Appeals of Georgia. DECIDED MARCH 20, 2007. BARNES, Chief Judge. The mother of 15-year-old D. T. appeals from the order of the Juvenile Court of Cherokee County finding her son deprived. The juvenile court found that the parents were unable to […]

225 S.E.2d 703 STEEDLEY et al. v. SNOWDEN. 51532.Court of Appeals of Georgia.ARGUED JANUARY 15, 1976. DECIDED MARCH 1, 1976. REHEARING DENIED MARCH 18, 1976. QUILLIAN, Judge. This case involves 3 separate complaints for damages arising out of an automobile collision. The three plaintiffs, guest passengers in a vehicle driven by the husband of one […]

436 S.E.2d 772 RAINWATER v. THE STATE. A93A1915.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1993. McMURRAY, Presiding Judge. Defendant Rainwater was charged with the offense of abandonment. Upon the trial of the case, defendant denied all elements of the offense charged. The jury acquitted defendant of the charge of abandonment, but found that he […]

11 S.E.2d 688 BROOKS v. THE STATE. 28558.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1940. 1. “Oaths to affidavits ordinarily are not required to be administered with any particular ceremony, but affiant must perform some corporal act before the officer whereby he consciously takes upon himself the obligation of an oath; but it is […]

626 S.E.2d 238 YEMANE v. THE STATE. A05A2233.Court of Appeals of Georgia. DECIDED JANUARY 19, 2006. SMITH, Presiding Judge. Samuel A. Yemane was indicted by a DeKalb County grand jury for trafficking in methamphetamine and possession of methamphetamine with intent to distribute. After the denial of his motion to suppress, Yemane consented to a bench […]

522 S.E.2d 766 GILLIAM v. STATE. A99A1001.Court of Appeals of Georgia. DECIDED: SEPTEMBER 28, 1999. PHIPPS, Judge. Tony Demetrius Gilliam was convicted of robbery. He raises two issues on appeal: Did the trial court err by not declaring a mistrial or instructing the jury to disregard identification testimony from witness Beverly Weathers; and was defense […]

63 S.E.2d 292 KING v. THE STATE. 33388.Court of Appeals of Georgia. DECIDED JANUARY 25, 1951. GARDNER, J. (a) Only two special grounds are argued here. The first complains of the admission of testimony of Charles Brumby Jr., the manager of Whitman’s Laundry. The witness testified that he had received a report from the cashier […]

405 S.E.2d 61 NEWSOME et al. v. DEPARTMENT OF HUMAN RESOURCES et al. A90A1731.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1991. REHEARING DENIED MARCH 29, 1991. SOGNIER, Chief Judge. Jackie Newsome and James Ricks, the natural parents of Remono L. “Rusty” Ricks and Jennifer Nichole Ricks, minors, brought suit against the Georgia Department of […]

155 S.E.2d 667 TURNER v. BOGLE. 42750.Court of Appeals of Georgia.ARGUED MAY 2, 1967. DECIDED MAY 5, 1967. A verdict for the defendant in an action for malicious prosecution was demanded when it appeared that the plaintiff had been observed taking a bottle of vitamin pills from the shelf of a self-service store, placing them […]

613 S.E.2d 157 ELIAS v. THE STATE. A05A0840.Court of Appeals of Georgia. DECIDED MARCH 25, 2005. BLACKBURN, Presiding Judge. Pleading guilty in 1997 to giving a false name to an officer,[1] Julian Elias, a foreign national, filed no appeal but rather served his misdemeanor sentence of 12 months probation. Six years later, he moved the […]

511 S.E.2d 547 HINTON v. THE STATE. A98A2093.Court of Appeals of Georgia. DECIDED: JANUARY 28, 1999. RUFFIN, Judge. A jury found Royce Hinton guilty of criminal attempt to possess cocaine in violation of Georgia’s Controlled Substances Act. Hinton appeals, contending that the trial court erred in failing to charge the jury on the defense of […]

293 S.E.2d 403 HAUPT v. GOLDENSTAR. 64410.Court of Appeals of Georgia. DECIDED JULY 2, 1982. POPE, Judge. Appellant having been ordered to file enumerations of error and a brief in accordance with Rules 27 (a) and 14 of this court (Code Ann. §§ 24-3627 (a) and 24-3614), and appellant having failed to do so, the […]

418 S.E.2d 137 DANIELS v. THE STATE. A92A0078.Court of Appeals of Georgia. DECIDED APRIL 9, 1992. JOHNSON, Judge. Larrice Daniels (Daniels) and his stepfather James Nolan Partridge (Partridge) were indicted for malice murder in connection with the shooting death of Eric McDowell (McDowell). Daniels was convicted of voluntary manslaughter. He brings this appeal from the […]

201 S.E.2d 627 STEPHENS v. ZAKAS. 48549.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1973. DECIDED OCTOBER 15, 1973. BELL, Chief Judge. In this garnishment case the defendant dissolved the proceedings by filing a bond under Code § 46-401 and then counterclaimed. The trial court dismissed the garnishment and the plaintiff appeals from the order. The […]

550 S.E.2d 104 VICTOR SIBLEY v. STATE. A01A0701.Court of Appeals of Georgia. DECIDED: MAY 18, 2001 MIKELL, Judge. Victor Sibley, a teacher, was charged with one count of aggravated child molestation and one count of child molestation based on incidents involving two male students. On the advice of counsel, Sibley entered a plea of guilty […]

27 S.E.2d 343 JACKSON v. TROUP COUNTY. 30173.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1943. The judge, trying the case without a jury, did not err in rendering the judgment assigned as error in the bill of exceptions. DECIDED OCTOBER 15, 1943. Complaint; from LaGrange city court — Judge Tuggle. May 12, 1943. P. […]

452 S.E.2d 586 GROVER v. THE STATE. A94A2682.Court of Appeals of Georgia. DECIDED DECEMBER 29, 1994. McMURRAY, Presiding Judge. Defendant was tried before a jury and found guilty of arson in the first degree. This appeal followed the denial of defendant’s motion for new trial and extraordinary motion for new trial Held: 1. Defendant contends […]

133 S.E.2d 916 PRICE v. THE STATE. 40272.Court of Appeals of Georgia. DECIDED OCTOBER 31, 1963. 1. (a) Grounds of a motion for new trial complaining of the admission of oral testimony but which fail to set forth that such testimony was offered by the opposing party and the name of the witness testifying are […]

281 S.E.2d 286 JORDAN v. UNITED INSURANCE COMPANY OF AMERICA. 61663.Court of Appeals of Georgia. DECIDED MAY 13, 1981. SHULMAN, Presiding Judge. Plaintiff-insured brought suit against defendant-insurer after its refusal to compensate plaintiff for the loss of his leg. Although we sympathize with plaintiff’s suffering, we have no recourse but to affirm the judgment of […]

438 S.E.2d 118 WASHINGTON v. GEORGIA FIREMEN’S PENSION FUND et al. A93A1154.Court of Appeals of Georgia. DENIED NOVEMBER 2, 1993. RECONSIDERATION DENIED NOVEMBER 22, 1993. ANDREWS, Judge. Joel Lee Washington was employed full time as a firefighter from 1979 until he was injured in an accident in the course of his employment on February 25, […]

21 S.E.2d 283 COX v. THE STATE. 29395.Court of Appeals of Georgia. DECIDED JULY 15, 1942. 1. “Conclusions by the trial judge upon preliminary and collateral issues, such as are made by a plea in abatement to an indictment, or a challenge to the array of the trial jurors, and a traverse to each respectively, […]

138 S.E.2d 323 MILES v. CITIZENS SOUTHERN NATIONAL BANK (four cases). 40942, 40943, 40944, 40945.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1964. NICHOLS, Presiding Judge. 1. These cases, except as to one ground, raise the identical questions decided in Cravey v. Citizens c. Nat. Bank, 110 Ga. App. ante, and are controlled by the […]

513 S.E.2d 33 METROPOLITAN PROPERTY CASUALTY INSURANCE COMPANY v. CRUMP ET AL. A98A1978.Court of Appeals of Georgia. DECIDED: FEBRUARY 22, 1999 SMITH, Judge. We granted this application for interlocutory appeal to consider whether an individual who has recovered a judgment against a tortfeasor may garnish the tortfeasor’s unasserted and unassigned claim against his own insurance […]

490 S.E.2d 174 MADDOX v. THE STATE. A97A1204.Court of Appeals of Georgia. DECIDED JULY 25, 1997. RUFFIN, Judge. Robert Ross Maddox appeals his conviction and life sentence for possession of methamphetamine and possession with intent to distribute. In his enumerations of error, Maddox claims that the State failed to prove he intended to distribute the […]

200 S.E.2d 501 STATE OF GEORGIA v. CHILES. 48444.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1973. DECIDED SEPTEMBER 14, 1973. STOLZ, Judge. The State of Georgia appeals from an order issued Page 646 by the Superior Court of Muscogee County restraining the suspension of appellee Chiles’ driver’s license. The record discloses that a copy of […]

302 S.E.2d 591 THE STATE v. ROBERSON. 65292.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1983. REHEARING DENIED MARCH 10, 1983. CARLEY, Judge. The state appeals from the grant of appellee’s motion to suppress evidence. The facts are undisputed and are as follows: Police officers set up a road block for purposes of conducting a […]

233 S.E.2d 264 GAMBLE v. THE STATE. 53197.Court of Appeals of Georgia.SUBMITTED JANUARY 17, 1977. DECIDED FEBRUARY 17, 1977. McMURRAY, Judge. Geraldine Gamble and co-defendant Higgins were indicted for motor vehicle theft. After the cases were severed Gamble was tried, convicted, and sentenced to seven years in prison. Defendant appeals. Held: 1. Defendant contends that […]

427 S.E.2d 839 WEBB et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. A92A1707.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1993. BLACKBURN, Judge. Patti Webb and her minor daughter Scheniquah Webb filed suit against State Farm Mutual Insurance Company to recover damages for injuries and losses Scheniquah Webb allegedly sustained when she was involved […]

249 S.E.2d 696 TALTON v. THE STATE. 56597.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 20, 1978. DECIDED OCTOBER 16, 1978. PER CURIAM. Defendant was convicted of possession of heroin in violation of the Georgia Controlled Substances Act. His enumerations of error concern the court’s failure to charge and the sufficiency of the evidence to authorize the […]

494 S.E.2d 689 ROBERTS v. THE STATE. A97A2199.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1997 — RECONSIDERATION DENIED DECEMBER 10, 1997 — CERT. APPLIED FOR. BLACKBURN, Judge. James Dorsey Roberts was convicted of three counts of child molestation. The victim, his stepdaughter, who was twelve years old at the time of trial, testified that […]

637 S.E.2d 46 PARKS v. THE STATE. No. A06A1477.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 2006. RECONSIDERATION DENIED SEPTEMBER 27, 2006. SMITH, Presiding Judge. Jimmy Veondi Parks was indicted for murder, felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a first offender probationer. On […]

682 S.E.2d 180 PRINCE v. THE STATE. No. A09A0465.Court of Appeals of Georgia. DECIDED JULY 15, 2009. SMITH, Presiding Judge. Theresa Prince appeals from her convictions for possession of methamphetamine with intent to distribute and trafficking in methamphetamine. Following the denial of her motion for new trial, she appeals, asserting several claims of error. We […]

494 S.E.2d 289 THE STATE v. CORNETTE. A97A1880.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1997. Judge HAROLD R. BANKE. In the early morning hours of February 9, 1996, police responded to a domestic violence complaint initiated by Tammy Cornette. While inside the Cornettes’ home, they observed marijuana in plain view on a coffee table. […]

175 S.E.2d 148 JORDAN v. PLOTT. JORDAN v. WILLIAMS. 45173, 45174.Court of Appeals of Georgia.SUBMITTED APRIL 7, 1970. DECIDED APRIL 14, 1970. REHEARING DENIED MAY 6, 1970. JORDAN, Presiding Judge. In both of these cases, based on the same incident, a boat collision on Lake Lanier on April 18, 1965, the plaintiffs sought recovery from […]

485 S.E.2d 551 JOHNSON v. THE STATE. A97A0539.Court of Appeals of Georgia. DECIDED APRIL 2, 1997. BLACKBURN, Judge. Eddie Lee Johnson, Jr., appeals his conviction by a jury of aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. He contends that the trial […]

535 S.E.2d 201 JONES v. BOWEN et al. A00A1304.Court of Appeals of Georgia. DECIDED: May 31, 2000. McMURRAY, Senior Appellate Judge. On September 30, 1999, appellant-plaintiff John Robert Jones filed the underlying three count complaint, as amended, against adjoining property owners, appellees-defendants John R. Bowen, Sue Bowen Hendrix, and R. E. Hendrix, in the Superior […]

583 S.E.2d 172 EDMONDSON et al. v. GILMORE. A01A0838.Court of Appeals of Georgia. DECIDED: JUNE 4, 2003 RUFFIN, Presiding Judge. In Edmondson v. Gilmore,[1] this Court concluded that collateral estoppel barred Scott and Traci Edmondson from petitioning to adopt T. M. G. However, in In re T. M. G.,[2] the Supreme Court reversed this Court’s […]

627 S.E.2d 125 BELLSOUTH ADVERTISING PUBLISHING CORPORATION v. KINGDOM ADVENTURES, LLC. A05A1623.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 2006. MILLER, Judge. BellSouth Advertising Publishing Corporation (“BellSouth”) sued Kingdom Adventures, LLC, d/b/a Rescuecom (“Rescuecom”) for breach of contract, quantum meruit, and on an open account theory, seeking $49,323.51 in damages as an account balance stated. […]

318 S.E.2d 516 LOGAN v. THE STATE. 67706.Court of Appeals of Georgia. DECIDED MAY 4, 1984. SOGNIER, Judge. Appellant was convicted of the sale and distribution of marijuana in violation of the Georgia Controlled Substances Act. He contends the trial court erred by allowing a witness whose name was not included in the list of […]

139 S.E.2d 515 CITY OF ATLANTA v. J. J. BLACK COMPANY. 40960.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1964. 1. The ante litem notice provisions of Code Ann. § 69-308 do not apply to claims arising out of a breach of contract. 2. Where special demurrers attacking the failure of the petition to incorporate […]

614 S.E.2d 232 METRO TAXI, INC. v. BRACKETT. A05A0095.Court of Appeals of Georgia. DECIDED APRIL 28, 2005. ANDREWS, Presiding Judge. Anthony S. Brackett was injured when the vehicle he was driving was struck by a taxicab driven by Andrew Pless and owned by Metro Taxi, Inc. d/b/a Victory Metropolitan Taxi (Metro Taxi). Brackett sued Metro […]

248 S.E.2d 4 KING v. THE STATE. 55942.Court of Appeals of Georgia.SUBMITTED MAY 22, 1978. DECIDED JULY 10, 1978. REHEARING DENIED JULY 31, 1978. BIRDSONG, Judge. King appeals his conviction, by a jury, of voluntary manslaughter. Held: 1. The evidence was sufficient to support the verdict. 2. Appellant contends that the trial court erred in […]

382 S.E.2d 196 RYAN v. THE STATE. A89A0895.Court of Appeals of Georgia. DECIDED MAY 5, 1989. McMURRAY, Presiding Judge. Ryan was convicted of armed robbery, theft by taking, unlawful possession of a firearm during the commission of a felony (armed robbery), and kidnapping. Following the denial of his motion for a new trial, Ryan appealed. […]

423 S.E.2d 54 MORRIS v. THE STATE. A92A0782.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1992. JOHNSON, Judge. Carla Morris was charged by accusation with five counts of traffic-related violations. A jury found Morris not guilty of counts two, three, and five and guilty of counts one and four. She appeals only her conviction of […]

486 S.E.2d 180 GENERAL MOTORS CORPORATION v. CONKLE ET AL. A96A1785.Court of Appeals of Georgia. DECIDED MARCH 14, 1997 — RECONSIDERATION DENIED APRIL 4, 1997 — CERT. APPLIED FOR. BEASLEY, Judge. As a sanction for discovery abuse the court struck General Motors’ (“GM”) answer and granted default judgment as to liability. The order was certified […]

223 S.E.2d 230 FLOYD v. THE STATE. 51401.Court of Appeals of Georgia.SUBMITTED NOVEMBER 4, 1975. DECIDED JANUARY 5, 1976. CLARK, Judge. Defendant was indicted on two counts of burglary. His jury trial resulted in an acquittal on one count and a conviction on the other. Defendant now appeals from the judgment entered upon the guilty […]

105 S.E.2d 774 IVESTER v. MILLER. 37259.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1958. QUILLIAN, Judge. Where as in this case there has been no bona fide attempt to comply with Code (Ann.) § 70-305, this court will not pass upon any assignment of error which would require a reference to the purported brief […]

81 S.E.2d 226 SMITH v. SOUTHEASTERN COURTS, INC., et al. (two cases). 34911, 34912.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1954. REHEARING DENIED MARCH 17, 1954. The trial court did not err in sustaining the defendant’s plea of res judicata in the present case, the petition being identical in language with one to which […]

363 S.E.2d 614 OXFORD FINANCE COMPANIES, INC. v. DENNIS. 74406.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1987. CARLEY, Judge. Appellant-plaintiff filed a petition for declaratory judgment, naming appellee as the defendant in the action. Appellee filed no answer. Appellee merely filed a written “consent that all the issues raised in the above and foregoing […]

223 S.E.2d 255 DAVIS v. MONROE COUNTY HOSPITAL AUTHORITY et al. 51410.Court of Appeals of Georgia.ARGUED NOVEMBER 4, 1975. DECIDED JANUARY 6, 1976. PANNELL, Presiding Judge. This is an appeal by the plaintiff-appellant in an action based upon “malicious use or abuse of process” seeking general damages and punitive damages against the defendants. The jury […]

194 S.E.2d 272 ALDRIDGE v. THE STATE. 47636.Court of Appeals of Georgia.SUBMITTED NOVEMBER 7, 1972. DECIDED NOVEMBER 16, 1972. PANNELL, Judge. The defendant, following indictment and trial for illegal possession of controlled drugs, was convicted of possessing drugs out of a legal container, and sentenced to a term of twelve months. He appeals to this […]

475 S.E.2d 651 WYATT v. THE STATE. A96A1019.Court of Appeals of Georgia. DECIDED AUGUST 7, 1996 — RECONSIDERATION DENIED AUGUST 27, 1996. Judge Harold R. Banke. An Emanuel County jury convicted Robert Lyndon Wyatt on charges of child molestation, aggravated child molestation, aggravated Page 605 sodomy, and incest against his five-year-old daughter. He appeals from […]

634 S.E.2d 837 LEE v. THE STATE. No. A06A1231.Court of Appeals of Georgia. DECIDED JULY 26, 2006. MIKELL, Judge. Following a bench trial, Marcus Thomas Lee was convicted of driving under the influence of alcohol (“DUI”) to the extent that he was a less safe driver, speeding, and violating the open container law. He appeals […]

108 S.E.2d 107 STATE HIGHWAY DEPARTMENT v. HAYNIE et al. 37378.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1959. REHEARING DENIED FEBRUARY 25, 1959. GARDNER, Presiding Judge. This case involves practically the same facts and the same principles of law as are shown in Woodside v. City of Atlanta, 214 Ga. 75 (103 S.E.2d 108) […]

619 S.E.2d 752 STONE et al. v. WILLIAMS GENERAL CORPORATION. A03A1813.Court of Appeals of Georgia. DECIDED AUGUST 9, 2005. RUFFIN, Chief Judge. In Stone v. Williams General Corp.,[1] we reversed the trial court, concluding that it had erroneously charged the jury regarding the burden of proof for a civil RICO violation. Specifically, we found the […]

499 S.E.2d 688 VESSELL ET AL. v. WALKER ET AL. A97A2245.Court of Appeals of Georgia. DECIDED MARCH 10, 1998 — RECONSIDERATION DENIED MARCH 31, 1998 — CERT. APPLIED FOR. BEASLEY, Judge. Vessell, Quick, and Hunnicutt sued Hannah for damages on various theories, including breach of contract. Vessell and Hunnicutt, who were employed by Hannah from […]

478 S.E.2d 462 HEATH v. THE STATE. A96A1421.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1996 — CERT. APPLIED FOR. ANDREWS, Judge. Scott Robert Heath, convicted of DUI to the extent that he was less safe to drive and speeding, appeals contending that the court improperly allowed certain testimony into evidence, refused to allow his […]

156 S.E.2d 488 KING v. MENTION et al. 42844.Court of Appeals of Georgia.ARGUED JUNE 5, 1967. DECIDED JUNE 12, 1967. REHEARING DENIED JULY 21, 1967. A verdict for the defendant was demanded and it was error to deny a motion for judgment n.o.v. ARGUED JUNE 5, 1967 — DECIDED JUNE 12, 1967 — REHEARING DENIED […]

280 S.E.2d 390 PERRY v. THE STATE. 61323.Court of Appeals of Georgia. DECIDED APRIL 23, 1981. CARLEY, Judge. Following a jury trial appellant was convicted on two counts of rape and two counts of aggravated sodomy. He appeals from the denial of his amended motion for new trial. 1. Appellant enumerates as error the general […]

208 S.E.2d 302 BENNETT v. HALEY et al. 49072.Court of Appeals of Georgia.ARGUED FEBRUARY 5, 1974. DECIDED JUNE 18, 1974. REHEARING DENIED JULY 17, 1974. CLARK, Judge. This appeal is by one of two motorist defendants from an adverse verdict and judgment thereon obtained by Haley, a plaintiff pedestrian, against Bennett alone; the jury verdict […]

647 S.E.2d 417 IN THE INTEREST OF D.S., a child. No. A07A0304.Court of Appeals of Georgia. DECIDED JUNE 8, 2007. JOHNSON, Presiding Judge. The Houston County Juvenile Court terminated the parental rights of the mother and father of D.S. The parents appeal, asserting that the evidence is insufficient to support the juvenile court’s decision. Because […]

429 S.E.2d 329 CARLTON MANUFACTURING, INC. v. BAUER. A92A2239.Court of Appeals of Georgia. DECIDED MARCH 16, 1993. POPE, Chief Judge. Plaintiff Carlton Manufacturing, Inc. sold a division of the corporation engaged in furniture manufacturing, called Madison House, to Madison House Acquisition, Inc. (“Madison House”). In exchange, plaintiff received a promissory note in the amount of […]

321 S.E.2d 402 JOHNSON v. THE STATE. 68059.Court of Appeals of Georgia. DECIDED JULY 16, 1984. REHEARING DENIED JULY 31, 1984. McMURRAY, Chief Judge. The defendant, Pearlie Johnson, Jr., was convicted of rape and sentenced to 15 years imprisonment. This appeal followed. According to the victim, at approximately 8:00 a. m. on August 31, 1981, […]

333 S.E.2d 31 WELCH et al. v. SUGGS. 70457.Court of Appeals of Georgia. DECIDED JUNE 24, 1985. BANKE, Chief Judge. The appellants brought this action in superior court seeking custody of their son’s illegitimate child based on the alleged unfitness of the child’s mother. In the alternative, the appellants requested visitation rights pursuant to OCGA […]

96 S.E.2d 534 KNOWLES v. HOUSING AUTHORITY OF THE CITY OF COLUMBUS. 36220.Court of Appeals of Georgia. DECIDED JANUARY 8, 1957. NICHOLS, J. On June 20, 1956, this court affirmed the judgment of the trial court sustaining the defendant’s general demurrer to the plaintiff’s petition. Knowles v. Housing Authority of City of Columbus, 94 Ga. […]

535 S.E.2d 858 TUCKER MATERIALS (GEORGIA), INC. v. DEVITO CONTRACTING SUPPLY, INC. ET. AL. A00A0862.Court of Appeals of Georgia. DECIDED: JUNE 20, 2000 PHIPPS, Judge. Tucker Materials, Inc. sued on a payment bond issued by Ulico Casualty Company for Devito Contracting Supply, Inc. Tucker appeals the grant of summary judgment to Ulico and the denial […]

278 S.E.2d 454 FIRST NATIONAL BANK OF COLUMBUS v. PEPSI-COLA BOTTLING COMPANY OF DOTHAN, ALABAMA, INC. 60724.Court of Appeals of Georgia. DECIDED FEBRUARY 16, 1981. REHEARING DENIED MARCH 4, 1981. SOGNIER, Judge. Plaintiff-appellee, Pepsi-Cola Bottling Company of Dothan, Alabama, Inc. (hereafter Pepsi-Dothan) and defendant-appellant, The First National Bank of Columbus, Columbus, Georgia (hereafter FNBC) were […]

442 S.E.2d 491 THE STATE v. KIRKLAND. A94A0169.Court of Appeals of Georgia. DECIDED MARCH 30, 1994. JOHNSON, Judge. James Donald Kirkland was indicted for various burglaries and armed robberies which were committed by what has become known as the “Metro Area Police Crime Ring.” This is the State’s appeal of the trial court’s grant of […]

13 S.E.2d 47 ROBINSON v. THE STATE. 28710.Court of Appeals of Georgia. DECIDED JANUARY 23, 1941. Denial of a new trial after conviction of shooting at another was not error. DECIDED JANUARY 23, 1941. Shooting at another; from Gwinnett superior court — Judge Pratt. July 20, 1940. Marvin A. Allison, for plaintiff in error. Hope […]

428 S.E.2d 820 DANIELS v. THE STATE. A92A2297.Court of Appeals of Georgia. DECIDED MARCH 9, 1993. COOPER, Judge. Appellant was convicted of armed robbery and appeals from the entry of the judgment of conviction and sentence and the denial of his motion for new trial. Viewed in a light to support the jury’s verdict, the […]

88 S.E.2d 44 TURNER v. THE STATE. 35669.Court of Appeals of Georgia. DECIDED MAY 18, 1955. REHEARING DENIED JUNE 1, 1955. CARLISLE, J. The defendant was tried under an indictment for assault with intent to murder and found guilty of stabbing. His motion for a new trial, based solely on the general grounds, was denied, […]

288 S.E.2d 78 BERRY v. DEMMONS et al. 62639.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1981. REHEARING DENIED DECEMBER 10, 1981. BIRDSONG, Judge. Dismissal for Want of Prosecution. This is not the first appearance of this case before this court. These same parties were before this court in 1979 in a dispute over whether […]

139 S.E.2d 408 ABNER v. W. T. GRANT COMPANY. 40680.Court of Appeals of Georgia. DECIDED OCTOBER 16, 1964. The trial court in this case properly granted the defendant’s motion for summary judgment and entered judgment in the defendant’s favor. DECIDED OCTOBER 16, 1964. Action for damages; false imprisonment. DeKalb Superior Court. Before Judge Dean. The […]

91 S.E.2d 194 McCALLUM v. BRYANT. 35945.Court of Appeals of Georgia. DECIDED JANUARY 12, 1956. QUILLIAN, J. 1. The petition of a mother suing for the loss of services of her minor daughter, under the provisions of Code §§ 74-108 and 53-511 — alleging, as in this case, facts sufficient to show that her daughter […]

628 S.E.2d 173 HARDWICK v. ATKINS et al. A05A2221.Court of Appeals of Georgia. DECIDED MARCH 7, 2006. RUFFIN, Chief Judge. This case provides yet another example of the perils attendant pro se litigation. If the law is inexcusably unknown, it is not currently unknowable. Negotiating a procedural minefield is sometimes difficult for the seasoned practitioner; […]

580 S.E.2d 602 MALLARD et al. v. FOREST HEIGHTS WATER WORKS, INC. et al. A03A0804.Court of Appeals of Georgia. DECIDED: MARCH 19, 2003 Reconsideration Denied April 7, 2003 BLACKBURN, Presiding Judge. Following a grant of summary judgment to the defendants Forest Heights Water Works, Inc. and Lee Anderson (“Forest Heights”), Robert and Donna Mallard appeal, […]

164 S.E.2d 450 JACKSON v. BROWN. 43978.Court of Appeals of Georgia.SUBMITTED OCTOBER 8, 1968. DECIDED OCTOBER 25, 1968. The limitation for an action based on a written acknowledgment of an account is four years from the date of the writing. SUBMITTED OCTOBER 8, 1968 — DECIDED OCTOBER 25, 1968. Action on account. Wilkes Superior Court. […]

501 S.E.2d 862 IN THE INTEREST OF J. B. A. ET AL., CHILDREN. A98A0508.Court of Appeals of Georgia. DECIDED APRIL 23, 1998. BLACKBURN, Judge. Appellant, the biological mother[1] of J. B. A. and V. C. C., appeals Page 346 the juvenile court’s termination of her parental rights, contending the evidence was insufficient to support the […]