Category: Georgia Supreme Court Opinions

492 S.E.2d 325 BARHAM v. LEVY. BARHAM v. LEVY. A97A1622, A97A1623.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1997 — CERT. APPLIED FOR. BIRDSONG, Presiding Judge. Dorothy Barham, an incapacitated adult, by her legal guardian and next friend, Christine Harris, appeals the judgment, based on a jury verdict in favor of Robert M. Levy, M.D., […]

213 S.E.2d 60 GREEN et al. v. THE STATE. 50011.Court of Appeals of Georgia.SUBMITTED JANUARY 13, 1975. DECIDED JANUARY 30, 1975. DEEN, Presiding Judge. The crime of burglary is complete when one without authority enters the building of another with intent to commit a theft. Code Ann. § 26-1601. Count 1 of the present indictment […]

277 S.E.2d 738 CLARK v. THE STATE. 61042.Court of Appeals of Georgia. DECIDED JANUARY 20, 1981. REHEARING DENIED FEBRUARY 11, 1981. BIRDSONG, Judge. Appellant Clark was charged with operating a commercial business in a residential area, in violation of a Gwinnett County Planning and Zoning Ordinance. The judge of the recorder’s court bound the case […]

422 S.E.2d 561 CONTAINER CORPORATION OF AMERICA et al. v. GRAY. A92A0814.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. RECONSIDERATION DENIED SEPTEMBER 23, 1992. SOGNIER, Chief Judge. Donald Gray, a sawmill equipment operator at Container Corporation of America, was injured on October 31, 1989 during the course of his employment when he slipped while […]

29 S.E.2d 326 SMITH v. THE STATE. 30391.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1944. MacINTYRE, J. 1. The accused was charged with the manufacture of intoxicating liquors. Applying the rule laid down in Yonce v. State, 154 Ga. 419 (114 S.E. 325), and Flint v. State, 29 Ga. App. 222 Page 698 (114 […]

453 S.E.2d 784 STOCKSTILL v. PRIME FOODS SYSTEM, INC. A94A2394.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 1995. ANDREWS, Judge. Stockstill, injured when she fell in the Hardee’s operated by Prime Foods, appeals from the grant of summary judgment to the company. Viewed with all inferences in favor of Stockstill, opponent of summary judgment, Lau’s […]

193 S.E.2d 192 BROWN v. SEABOARD COAST LINE RAILROAD COMPANY. 46800.Court of Appeals of Georgia.ARGUED JANUARY 7, 1972. DECIDED OCTOBER 17, 1972. PANNELL, Judge. The courts of this State may not apply the doctrine of forum non conveniens to an action under the Federal Employers’ Liability Act properly brought in a court in this State […]

410 S.E.2d 136 LAWRENCE v. STATE OF GEORGIA. A91A0772.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1991. CARLEY, Judge. By reason of insanity, appellant was found not guilty of burglary and motor vehicle theft. The trial court, acting pursuant to OCGA § 17-7-131 (d), nevertheless retained jurisdiction over appellant and ordered his detention in a […]

439 S.E.2d 5 TANTE v. HERRING et al. A93A1166.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1993. RECONSIDERATION DENIED DECEMBER 10, 1993. BIRDSONG, Presiding Judge. T. Edward Tante IV appeals the grant of summary judgment on liability to Laura K. Herring and Bobby C. Herring in their action against him for legal malpractice. He also […]

184 S.E.2d 487 JERNIGAN v. THE STATE. 46420.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1971. DECIDED SEPTEMBER 21, 1971. REHEARING DENIED OCTOBER 7, 1971. PANNELL, Judge. The defendant was charged with murder and convicted of voluntary manslaughter and sentenced to a term of fifteen years. The motion for new trial was overruled and an appeal […]

125 S.E.2d 537 STATE HIGHWAY DEPARTMENT v. THOMPSON. STATE HIGHWAY DEPARTMENT v. ALEXANDER et al. 39444, 39453.Court of Appeals of Georgia. DECIDED APRIL 10, 1962. NICHOLS, Presiding Judge. In both cases, the State Highway Department was condemning strips of land owned by the condemnees for highway purposes, and in both cases the remaining property not […]

469 S.E.2d 885 FISHER v. HBS MANAGEMENT, INC. ET AL. A95A2514Court of Appeals of Georgia. DECIDED MARCH 15, 1996 ANDREWS, Judge. Fisher was injured when he slipped and fell in the common area parking lot at the condominium where he resided. He sued HBS Management, Inc., which managed the property, and the Dunwoody Plantation Homeowners […]

413 S.E.2d 752 ROLADER v. THE STATE. A91A0904.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 1991. RECONSIDERATION DENIED DECEMBER 3, 1991. Judge Arnold Shulman. The appellant was charged with one count of aggravated sodomy, one count of aggravated child molestation, and two counts of simple child molestation, all involving his then four-and-one-half-year-old daughter. A jury […]

161 S.E.2d 342 ATLANTA AMERICANA MOTOR HOTEL CORPORATION v. SIKA CHEMICAL CORPORATION. 43507.Court of Appeals of Georgia.ARGUED MARCH 6, 1968. DECIDED APRIL 10, 1968. REHEARING DENIED APRIL 29, 1968. 1, 2. The trial judge did not err in excluding from the evidence two letters offered by the plaintiff. 3. In order to preserve issues for […]

200 S.E.2d 371 HUTCHESON v. AMERICAN MACHINE FOUNDRY COMPANY. 48320.Court of Appeals of Georgia.ARGUED JUNE 28, 1973. DECIDED SEPTEMBER 11, 1973. PANNELL, Judge. American Machine Foundry Company, plaintiff-appellee, brought an action to recover rents allegedly due for rental of a tire retreading machine leased to Hoyt A. Hutcheson, d/b/a Mableton Tire Battery Company, the defendant-appellant. […]

527 S.E.2d 235 VASQUEZ v. THE STATE. A99A2242.Court of Appeals of Georgia. DECIDED: DECEMBER 15, 1999. ELDRIDGE, Judge. Defendant Augustin Herrea Vasquez challenges his September 1998 conviction on one count of child molestation.[1] We affirm. 1. In his first enumeration, Vasquez contends that the Page 513 evidence was insufficient to support the conviction. However, on […]

26 S.E.2d 481 REEDER v. THE STATE. 30146.Court of Appeals of Georgia. DECIDED JULY 3, 1943. REHEARING DENIED JULY 21, 1943. 1. The evidence sustained the verdict. All who participate, directly or indirectly, in the commission of a misdemeanor are principals. 2. The court did not err in admitting, over objection of the defendant, testimony […]

533 S.E.2d 446 OUTDOOR SYSTEMS, INC. v. CHEROKEE COUNTY. A00A0444.Court of Appeals of Georgia. DECIDED: APRIL 10, 2000. BLACKBURN, Presiding Judge. Outdoor Systems, Inc. appeals the trial court’s order which dismissed its claims against Cherokee County. Outdoor Systems Page 407 brought the underlying declaratory judgment action for a determination that Cherokee County’s sign ordinance was […]

180 S.E.2d 589 EDMONDSON v. AIR SERVICE COMPANY. 45850.Court of Appeals of Georgia.ARGUED JANUARY 4, 1971. DECIDED FEBRUARY 4, 1971. DEEN, Judge. 1. Where, on default in instalment payments, property subject to a security interest is repossessed by the seller, if the seller thereafter wishes to dispose of such collateral at public or private sale […]

423 S.E.2d 393 JONES v. THE STATE. A92A0785.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. RECONSIDERATION DENIED OCTOBER 6, 1992. BIRDSONG, Presiding Judge. Bobby Lee Jones appeals his conviction for armed robbery. The victim’s car overheated and she drove to a gasoline station which was not a full-service facility. Appellant approached and offered to […]

235 S.E.2d 673 D. G. D. v. STATE OF GEORGIA. 53674.Court of Appeals of Georgia.ARGUED APRIL 6, 1977. DECIDED MAY 10, 1977. MARSHALL, Judge. The appellant juvenile was adjudicated delinquent based inter alia on his violation of Code Ann. § 26-2610 (b) (Ga. L. 1968, pp. 1249, 1316; 1974, p. 470), which provides as follows: […]

502 S.E.2d 526 PAYNE v. THE STATE. A98A0596.Court of Appeals of Georgia. DECIDED MAY 20, 1998. BEASLEY, Judge. Payne appeals his convictions of driving under the influence of alcohol to the extent that it is less safe to drive, OCGA § 40-6-391 (a) Page 592 (1), and driving with an alcohol concentration of 0.10 grams […]

151 S.E.2d 799 CARMACK v. OGLETHORPE COMPANY. 42273.Court of Appeals of Georgia.ARGUED SEPTEMBER 9, 1966. DECIDED OCTOBER 10, 1966. REHEARING DENIED OCTOBER 26, 1966. 1. Untimely filing of the transcript of evidence is not a ground for dismissal of the appeal under the Appellate Practice Act of 1965 (Ga. L. 1965, p. 18; Code Ann. […]

352 S.E.2d 651 HILL v. THE STATE. 73296.Court of Appeals of Georgia. DECIDED JANUARY 6, 1987. POPE, Judge. Ricky Hill brings this appeal from his conviction following a bench trial of two counts of violating the Georgia Controlled Substances Act by selling marijuana. Held: 1. Appellant’s first enumeration of error asserts that he did not […]

406 S.E.2d 488 READ v. BENEDICT; and vice versa. A91A0181, A91A0182.Court of Appeals of Georgia. DECIDED MAY 13, 1991. REHEARING DENIED JUNE 4, 1991 AND JUNE 10, 1991. BIRDSONG, Presiding Judge. Appellant/cross-appellee (Joan Read) appeals the orders of the superior court denying her motion for new trial on the issue of punitive damages and her […]

500 S.E.2d 597 BRANNON, et al. v. THE STATE. A98A0523.Court of Appeals of Georgia. DECIDED MARCH 25, 1998. RECONSIDERATION DENIED APRIL 1, 1998 — CERT. APPLIED FOR. ELDRIDGE, Judge. The Cook County Superior Court denied appellants John and Patricia Brannon’s motion to suppress. The trial court certified the issue for interlocutory appeal. We granted appellants’ […]

147 S.E.2d 656 UNITED INSURANCE COMPANY OF AMERICA v. MURRAY. 41584.Court of Appeals of Georgia.SUBMITTED OCTOBER 6, 1965. DECIDED JANUARY 24, 1966. REHEARING DENIED FEBRUARY 9, 1966. 1. Where an insured is able to, and frequently does, leave his house for business or other personal reasons, rather than therapeutic reasons, he is precluded from recovering […]

531 S.E.2d 752 GRIFFIN v. THE STATE. A99A2403.Court of Appeals of Georgia. DECIDED MARCH 17, 2000. MILLER, Judge. Angela Michele Griffin was tried before a jury and found guilty of first degree vehicular homicide (Counts 1 and 2), serious injury by vehicle (Count 2), driving under the influence (Count 4), driving without insurance (Count 5) […]

522 S.E.2d 491 IN THE INTEREST OF M.J.H., A CHILD. A99A0922.Court of Appeals of Georgia. DECIDED: SEPTEMBER 10, 1999. SMITH, Judge. M.J.H. was charged by delinquency petition with conduct which, had he been an adult, would have constituted a violation of the Georgia Controlled Substances Act by possession of less than one ounce of marijuana. […]

622 S.E.2d 476 ARVINGER v. THE STATE. A05A1450.Court of Appeals of Georgia. DECIDED OCTOBER 27, 2005. RUFFIN, Chief Judge. A jury found Deangelo Arvinger guilty of armed robbery.[1] Arvinger appeals, arguing that the trial court erred in refusing to give a requested jury instruction. He also claims that the verdict form was misleading, confusing, and […]

152 S.E.2d 1 GASTON v. THE STATE. 42367.Court of Appeals of Georgia.SUBMITTED OCTOBER 3, 1966. DECIDED NOVEMBER 3, 1966. HALL, Judge. The defendant’s conviction for possessing more than one quart of tax-paid liquor in a dry county, in violation of Ga. L. 1937-38, Ex. Sess., pp. 103, 123 (Code Ann. § 58-1077), was not supported […]

529 S.E.2d 374 BREWER v. THE STATE. A98A1672.Court of Appeals of Georgia. DECIDED: JANUARY 28, 2000. ANDREWS, Presiding Judge. In Brewer v. State, 236 Ga. App. 546 (512 S.E.2d 30) (1999), we affirmed the judgment of conviction and sentence entered by the trial court on the jury’s verdict finding Brewer guilty of aggravated sodomy. Page […]

489 S.E.2d 71 FUSSELL v. JIMBO’S LOG KITCHEN, INC. A97A0060.Court of Appeals of Georgia. DECIDED JULY 9, 1997 — CERT. APPLIED FOR. RUFFIN, Judge. Linda J. Fussell sued Jimbo’s Log Kitchen, Inc. (“Jimbo’s”) for personal injuries sustained when she slipped and fell on Jimbo’s Page 162 property. The trial court granted summary judgment to Jimbo’s, […]

303 S.E.2d 524 KILGORE v. THE STATE. 65342.Court of Appeals of Georgia. DECIDED APRIL 5, 1983. CARLEY, Judge. Appellant was convicted of armed robbery and motor vehicle theft. He appeals from the judgment of conviction and sentence entered on the guilty verdict. The facts of the case are as follows: Two males, one of whom […]

251 S.E.2d 98 PARKERSON v. INDIES COMPANY, LTD. et al. BAILEY et al. v. INDIES COMPANY, LTD. et al. GIBBS v. INDIES COMPANY, LTD. et al. LEAPHART v. INDIES COMPANY, LTD. et al. HARPER v. INDIES COMPANY, LTD. et al. BENNETT v. INDIES COMPANY, LTD. et al. YEOMANS v. INDIES COMPANY, LTD. et al. FENDER […]

394 S.E.2d 629 GASKINS v. TAYLOR. A90A0062.Court of Appeals of Georgia. DECIDED MAY 23, 1990. COOPER, Judge. Appellant brought an action against appellee after appellant’s truck was struck in the rear by an automobile driven by appellee. This appeal is from a jury verdict in favor of appellee. Appellee’s car was directly behind appellant’s truck […]

509 S.E.2d 108 MOORE v. THE STATE. A98A1188.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1998. POPE, Presiding Judge. Appellant Tharda Moore was convicted on one count of burglary with intent to rape and one count of aggravated assault with intent to rape. Moore appeals from the denial of his motion for new trial. Moore […]

528 S.E.2d 287 WEST v. THE STATE. A99A2109.Court of Appeals of Georgia. DECIDED: JANUARY 19, 2000. PHIPPS, Judge. After a jury found Robert West guilty of escape,[1] the trial judge sentenced him to ten years confinement in the state penal system. West appeals, claiming that the length of the sentence is excessive and vindictive. Because […]

276 S.E.2d 104 WIGGINS v. WHITE. 60837.Court of Appeals of Georgia. DECIDED JANUARY 8, 1981. SHULMAN, Presiding Judge. Pursuant to an oral agreement (the terms of which are in dispute), defendant-appellant purchased certain real property from the plaintiff-appellee. It was plaintiff’s contention that the purchase price for such property was the assumption of two bank […]

469 S.E.2d 279 CARTER et al. v. BENNETT et al. A95A2671Court of Appeals of Georgia. DECIDED FEBRUARY 8, 1996 McMURRAY, Presiding Judge. Plaintiff Timothy Carter brought this tort action against defendant John P. Bennett and John Doe, seeking to recover for personal injuries sustained in an automobile collision. Plaintiff Cindi Carter seeks to recover for […]

293 S.E.2d 563 RYBACK v. COBB COUNTY DEPARTMENT OF FAMILY CHILDREN SERVICES. 64314.Court of Appeals of Georgia. DECIDED JULY 16, 1982. DEEN, Presiding Judge. It has been the rule from earliest times in this state that in contests for the custody of a minor child appellate courts will not, in the absence of an abuse […]

688 S.E.2d 384 OGLESBY v. THE STATE. A09A1942.Court of Appeals of Georgia. DECIDED DECEMBER 11, 2009. PHIPPS, Judge. Timothy Thomas Oglesby was indicted on one count of felony theft by receiving and two counts of burglary (with the intent to commit a theft). Pursuant to guilty plea negotiations, the felony theft count was nolle prossed, […]

511 S.E.2d 544 CLEGG v. THE STATE. A98A1756.Court of Appeals of Georgia. DECIDED: JANUARY 27, 1999 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. Defendant appeals his conviction for driving under the influence of alcohol and failure to maintain lane Held: Defendant was not denied due process under State or federal law based on the arresting […]

307 S.E.2d 546 DAVIS v. THE STATE. 66556.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1983. QUILLIAN, Presiding Judge. Defendant appeals his conviction of two counts of selling marijuana. Held: 1. The general grounds are asserted. A police officer testified that on two occasions she purchased marijuana from defendant. The substances purchased proved to be […]

274 S.E.2d 136 WILLIAMSON v. WILLIAMS. 60399.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 8, 1980. DECIDED OCTOBER 20, 1980. BIRDSONG, Judge. Trover. Williamson sued his ex-wife Williams to recover a camera with certain attachments which he claimed she had borrowed but refused to return. Williamson raises numerous errors all of which depend upon a consideration of […]

232 S.E.2d 169 TENDRIFT REALTY COMPANY v. HAYES. 53013.Court of Appeals of Georgia.ARGUED NOVEMBER 3, 1976. DECIDED JANUARY 6, 1977. QUILLIAN, Presiding Judge. The plaintiff filed an affidavit of foreclosure asserting a mechanic’s lien on two motor vehicles (trucks). After the defendant submitted itself to the jurisdiction of the court, the plaintiff by amendment sought […]

278 S.E.2d 442 WILLIAM ISELIN COMPANY, INC. v. DAVIS. 60525.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1981. REHEARING DENIED MARCH 4, 1981. POPE, Judge. Appellant William Iselin and Company, Inc. (Iselin), a commercial factor located in New York, brought suit against appellee D. Jack Davis, d/b/a The Fabric Shop, Inc. (Davis), alleging Page 740 […]

72 S.E.2d 563 PETHEL v. LIBERAL FINANCE CO. 34171.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1952. Where property is conditionally sold to a vendee against whom there is an existing judgment properly recorded, which property possesses a value in excess of the balance due on the purchase money, the seller cannot by agreement with […]

540 S.E.2d 244 MORRIS v. THE STATE. A00A2263.Court of Appeals of Georgia. DECIDED: OCTOBER 4, 2000. PHIPPS, Judge. As a result of a fracas between rival gang members, Shane Morris was convicted of multiple counts of aggravated assault and of possession of a firearm during commission of a felony. Morris appeals the denial of his […]

227 S.E.2d 850 COPELAND v. THE STATE. 52184.Court of Appeals of Georgia.ARGUED MAY 4, 1976. DECIDED MAY 27, 1976. REHEARING DENIED JUNE 15, 1976. PANNELL, Presiding Judge. The defendant was indicted for murder and convicted of voluntary manslaughter. He appeals the judgment of conviction. The evidence shows that the defendant separated from his wife in […]

498 S.E.2d 119 NEALY v. THE STATE. A97A2423.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1998. SMITH, Judge. Willie George Nealy was indicted by a Monroe County grand jury on one count of sale of cocaine. He was convicted by a jury, his motion for new trial was denied, and he appeals. We find no […]

578 S.E.2d 126 AFRAKNTEH v. HALSTEAD. A03A0536.Court of Appeals of Georgia. Decided January 29, 2003 BLACKBURN, Presiding Judge. Ardavan Afraknteh appeals the superior court’s confirmation of an arbitration award in this case regarding a voluntarily arbitrated dispute over the sale of certain real property from Ingrid W. Halstead to Afraknteh. Afraknteh contends that the arbitrator […]

233 S.E.2d 485 DIXIE YARNS, INC. v. WILLIAMS. 53379.Court of Appeals of Georgia.ARGUED FEBRUARY 15, 1977. DECIDED FEBRUARY 24, 1977. The claimant-appellee was awarded workmen’s compensation for an injury alleged to have been incurred during his employment by the appellant. The state board and the superior court have both affirmed the award. The employer-appellant appeals. […]

253 S.E.2d 813 PROPES v. STONINGTON HOMEOWNERS ASSOCIATION, INC. 56879.Court of Appeals of Georgia.ARGUED OCTOBER 30, 1978. DECIDED FEBRUARY 22, 1979. BIRDSONG, Judge. Stonington Homeowner’s Association, Inc. (“Stonington”) brought suit against Propes, seeking to foreclose a lien, pursuant to Code Ann. § 85-1641e, on a condominium owned by Propes. Propes filed an answer and counterclaim. […]

552 S.E.2d 876 MAHSA, INC. et al. v. AL-MADINAH PETROLEUM, INC. et al. A01A1489.Court of Appeals of Georgia. DECIDED: JULY 19, 2001. PHIPPS, Judge. This is a continuation of Al-Madinah Petroleum v. Mahsa, Inc.[1] Mahsa, Inc. and its president, Hassanzadeh, sued Al-Madinah Petroleum, Inc. and its president, Dhanani, for rescission of a lease between Mahsa […]

658 S.E.2d 460 TRAINA ENTERPRISES, INC. v. CORD WILBURN, INC. INSURANCE AGENCY. No. A07A1881.Court of Appeals of Georgia. DECIDED FEBRUARY 29, 2008. MIKELL, Judge. Traina Enterprises, Inc. (“TEI”), brought suit against its insurance agent, Cord Wilburn, Inc. Insurance Agency (“CW”), seeking to recover damages resulting from agent Joseph Wilburn’s alleged Page 834 failure to procure […]

99 S.E.2d 162 WRIGHT v. POLK GENERAL HOSPITAL, INC. 36695.Court of Appeals of Georgia. DECIDED MAY 24, 1957. Since the evidence showed that the alleged promise by the defendant to answer for the debt of another was without consideration, a verdict was demanded for the defendant and the court erred in denying his motion for […]

571 S.E.2d 515 IN THE INTEREST OF K. C. H., a child. A02A1575.Court of Appeals of Georgia. Decided September 20, 2002. MILLER, Judge. The mother of minor K. C. H. appeals from the juvenile court order finding K. C. H. to be deprived and ordering that the child be committed to the temporary custody of […]

288 S.E.2d 921 STRONG v. THE STATE. 62951.Court of Appeals of Georgia. DECIDED MARCH 12, 1982. CARLEY, Judge. John Leon Strong appeals from his conviction of violating the Georgia Controlled Substances Act, running a stop sign, speeding, driving without a license and attempting to elude a police officer on February 1, 1981. 1. It was […]

421 S.E.2d 119 JACKSON v. THE STATE. A92A0822.Court of Appeals of Georgia. DECIDED JULY 13, 1992. POPE, Judge. Anthony P. Jackson was indicted on four counts of burglary. He pled guilty to Count 1 of breaking into an office building and stealing money from a candy machine. Count 2 charged him with breaking into a […]

141 S.E.2d 239 BREMEN PRODUCTS COMPANY v. CRUSSELLE et al. 41078.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1965. Where a general demurrer to a petition is sustained and the ruling is affirmed by this court the judgment becomes final and may not be revived by an amendment to the petition without permission from this […]

256 S.E.2d 619 CENTRAL OF GEORGIA RAILROAD COMPANY v. NASH. 57005.Court of Appeals of Georgia.ARGUED JANUARY 15, 1979. DECIDED APRIL 30, 1979. REHEARING DENIED MAY 23, 1979. SMITH, Judge. Central of Georgia Railroad appeals from the trial court’s overruling its motion for new trial, filed after a jury returned a verdict against it in the […]

243 S.E.2d 87 THE STATE v. BASS. 55118.Court of Appeals of Georgia.ARGUED JANUARY 17, 1978. DECIDED FEBRUARY 1, 1978. REHEARING DENIED FEBRUARY 16, 1978. BELL, Chief Judge. The state appeals from the order granting defendant’s motion to suppress the evidence. The trial court erred in granting the motion as it gave retroactive application to the […]

462 S.E.2d 789 McNEAL LOFTIS, INC. v. HELMEY. A95A1952.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1995. BLACKBURN, Judge. McNeal Loftis, Inc. d/b/a Hillcrest Abbey West (Hillcrest), a cemetery owner, appeals the trial court’s denial of its motion for summary judgment that it had not interfered with burial rights as contended. Margaret Helmey brought this […]

474 S.E.2d 687 DEPARTMENT OF TRANSPORTATION v. MILLEN ET AL. A96A1519.Court of Appeals of Georgia. DECIDED AUGUST 15, 1996. McMURRAY, Presiding Judge. The Georgia Department of Transportation (“DOT”) condemned 1.32 acres of land belonging to condemnees Allen Millen, Jr. and the late Homer A. Millen, Sr., and paid $90,600.00 into the registry of the court. […]

504 S.E.2d 254 INGRAM v. THE STATE. A98A0959.Court of Appeals of Georgia. DECIDED JULY 10, 1998. BEASLEY, Judge. Ingram was convicted of robbery by force (OCGA § 16-8-40 (a) (1)), entering an automobile with the intent to commit theft (OCGA § 16-8-18), and simple battery (OCGA § 16-5-23). By consent order, he was allowed to […]

231 S.E.2d 126 NATIONAL EMBLEM INSURANCE COMPANY v. PRITCHARD et al. 52814.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1976. DECIDED NOVEMBER 5, 1976. STOLZ, Judge. The appellant insurance company carried the appellees’ automobile policy. In an earlier suit the appellees were found liable for injuries resulting from a traffic wreck to an extent greater than […]

238 S.E.2d 440 LEDBETTER TRUCKS, INC. v. FLOYD COUNTY BOARD OF TAX ASSESSORS et al. LEDBETTER et al. v. FLOYD COUNTY BOARD OF TAX ASSESSORS et al. LEDBETTER TRUCKS, INC. v. FLOYD COUNTY BOARD OF TAX ASSESSORS et al. (three cases.) 54246. 54247. 54248, 54249, 54250.Court of Appeals of Georgia.SUBMITTED JULY 12, 1977. DECIDED SEPTEMBER […]

432 S.E.2d 211 WILSON v. THE STATE. A93A0319.Court of Appeals of Georgia. DECIDED MAY 6, 1993. RECONSIDERATION DENIED JUNE 3, 1993. McMURRAY, Presiding Judge. Via indictment, defendant was charged with murder, felony murder, armed robbery and burglary. The jury acquitted defendant on the murder, felony murder and armed robbery charges; it could not reach a […]

117 S.E.2d 645 COCHRAN v. BELL. 38437.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1960. REHEARING DENIED OCTOBER 20, 1960. TOWNSEND, Judge. 1. There can be but one satisfaction of the same damage or injury. Griffin Hosiery Mills v. United Hosiery Mills, 31 Ga. App. 450 (120 S.E. 789). Where, in an automobile collision between […]

237 S.E.2d 689 REDDING et al. v. COMMONWEALTH OF AMERICA, INC. 54156.Court of Appeals of Georgia.ARGUED JUNE 27, 1977. DECIDED SEPTEMBER 7, 1977. McMURRAY, Judge. Plaintiff filed this action on contract in the State Court of Dougherty County seeking judgment against defendants who had allegedly failed to pay certain sums due under the provisions of […]

508 S.E.2d 450 GRAVES v. THE STATE. A97A0432.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1998. ELDRIDGE, Judge. In Graves v. State, 269 Ga. 772 (__ S.E.2d __) (1998), the Supreme Court reversed the judgment of this Court’s opinion in Graves v. State, 227 Ga. App. 628 (490 S.E.2d 111) (1997). Therefore, we vacate our […]

508 S.E.2d 697 HELTON v. THE STATE. A98A1741.Court of Appeals of Georgia. DECIDED OCTOBER 28, 1998. Judge Harold R. Banke. Gregory Lynn Helton was convicted of entering an automobile. He enumerates two errors on appeal. This case arose after the victim, a restaurateur, left his Maxima running in front of his establishment and went inside […]

232 S.E.2d 402 TERMPLAN, INC. OF GEORGIA v. DORSEY. 53203.Court of Appeals of Georgia.SUBMITTED JANUARY 6, 1977. DECIDED JANUARY 18, 1977. DEEN, Presiding Judge. 1. The motion to dismiss is denied. Code Ann. § 6-809 (b). 2. On the trial of an issue of non est factum, very slight evidence of the execution of the […]

492 S.E.2d 281 LIPTON v. WARNER, MAYOUE, BATES, P.C. A97A1413.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1997. DECIDED SEPTEMBER 15, 1997 — CERT. APPLIED FOR. Judge HAROLD R. BANKE. The law firm of Warner, Mayoue, Bates, P.C. (WMB) sued Richard J. Lipton for past due legal bills. Enumerating three errors, Lipton appeals. Richard E. […]

341 S.E.2d 511 JACKSON v. THE STATE. 71434.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1986. BENHAM, Judge. Appellant was charged with various sales of marijuana in five indictments containing a total of nine counts. He was acquitted of the charges in two single-count indictments and found guilty of the remaining seven counts. On appeal […]

190 S.E.2d 821 WASHINGTON v. THE STATE. 47201.Court of Appeals of Georgia.ARGUED MAY 2, 1972. DECIDED JUNE 1, 1972. BELL, Chief Judge. The defendant was tried for murder and convicted of voluntary manslaughter. He enumerates as error the sufficiency of the evidence to support the conviction, the failure of the trial court to charge on […]

105 S.E.2d 236 BASS v. PHARR, Judge. 37343.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1958. FELTON, Chief Judge. Where a trial judge grants a motion for a new trial without specifying whether he does so on discretionary grounds or on one or more special grounds complaining of error of law committed on the trial […]

388 S.E.2d 713 GILBERT v. EDMONDSON (two cases). A89A1285, A89A1286.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1989. REHEARING DENIED NOVEMBER 20, 1989. CARLEY, Chief Judge. Appellant-plaintiff is an attorney and appellee-defendant is one of his former clients. Appellant filed suit against appellee, seeking to recover the compensation that he had allegedly earned for representing […]

558 S.E.2d 455 SMITH v. THE STATE. A01A2404.Court of Appeals of Georgia. December 20, 2001. MILLER, Judge. After obtaining the driver’s consent to search his vehicle, an officer found 40 grams of cocaine under the passenger seat on which defendant had been sitting. The driver testified that when the officer had activated his blue lights, […]

58 S.E.2d 190 PERTHUS v. PAUL. 32767.Court of Appeals of Georgia. DECIDED MARCH 9, 1950. As against the general demurrer, the petition in this case stated a cause of action for fraud and deceit, and the trial court did not err in overruling the general demurrer. DECIDED MARCH 9, 1950. Complaint; from Lamar Superior Court […]

283 S.E.2d 98 TAYLOR v. GREINER et al. 59980.Court of Appeals of Georgia. DECIDED JUNE 8, 1981. REHEARING DENIED JULY 9, 1981. BIRDSONG, Judge. Our judgment in Taylor v. Greiner, 156 Ga. App. 663 (275 S.E.2d 737) has been affirmed by the Supreme Court as to Division 2 of our opinion (certiorari denied as to […]

461 S.E.2d 302 PIQUE v. LEE et al. A95A1531.Court of Appeals of Georgia. DECIDED AUGUST 16, 1995. BIRDSONG, Presiding Judge. Myrtle Pique brought suit against appellees seeking damages for injuries allegedly sustained when she fell as she unsuccessfully attempted to take her assigned seat in a barber-style chair at The Suburban Barber Styling Shop. Arguing […]

94 S.E.2d 620 McKINNEY v. WOODARD. 36272.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1956. 1. A request to charge the jury, directed to the trial judge, submitted in writing before the retirement of the jury, must be entirely correct and accurate; it must be adjusted to the pleadings, the law, and the evidence in […]

172 S.E.2d 434 HERRINGTON v. STONE MOUNTAIN MEMORIAL ASSOCIATION (two cases). 44330, 44331.Court of Appeals of Georgia. DECIDED JANUARY 12, 1970. PER CURIAM. In conformity with the ruling of the Georgia Supreme Court in Stone Mountain Memorial Assn. v. Herrington, (225 Ga. 746 (171 S.E.2d 521), the judgment and opinion entered in the previous appearance […]

24 S.E.2d 152 WALL v. THE STATE. 29927.Court of Appeals of Georgia. DECIDED JANUARY 27, 1943. The evidence was sufficient to sustain the verdict. DECIDED JANUARY 27, 1943. Certiorari; from Fulton superior court — Judge Humphries. September 17, 1942. Russell G. Turner, for plaintiff in error. Bond Almand, solicitor, John A. Boykin, solicitor-general, Durwood T. […]

275 S.E.2d 119 JONES v. THE STATE. 60137.Court of Appeals of Georgia.ARGUED JUNE 6, 1980. DECIDED NOVEMBER 21, 1980. SMITH, Judge. Appellant was convicted of burglary and rape. We affirm. 1. In his first enumeration of error, appellant asserts that the state was obligated to provide him lie detector and voice analyzer tests. This contention […]

77 S.E.2d 445 TERMINAL TRANSPORT CO., INC. v. GEORGIA RUG MILL, INC. et al. 34557.Court of Appeals of Georgia. DECIDED JULY 15, 1953. ADHERED TO ON REHEARING JULY 28, 1953. WORRILL, J. This is a companion case to R. C. A. Truck Lines v. Georgia Rug Mill, ante. The petition in both cases is the […]

702 S.E.2d 435 ALEXANDER et al. v. HULSEY ENVIRONMENTAL SERVICES, INC. et al., LHR FARMS, INC. v. ALEXANDER et al. Nos. A10A1429, A10A1430.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 2010. JOHNSON, Judge. Darren Alexander and others sued LHR Farms, Inc., Hulsey Environmental Services, Inc. (HES), John Hulsey, Jr., and Devin White, claiming that they […]

293 S.E.2d 26 SUMMERLIN v. THE STATE (two cases). DAVIS v. THE STATE. OWENS v. THE STATE. 64321, 64324. 64322, 64323.Court of Appeals of Georgia. DECIDED JUNE 28, 1982. POPE, Judge. Appellants were arrested in Colquitt County, Georgia for their involvement in a scheme to deliver 900 to 1000 pounds of marijuana to undercover officers. […]

355 S.E.2d 446 EMORY UNIVERSITY, INC. v. DUNCAN et al. 73584.Court of Appeals of Georgia. DECIDED MARCH 3, 1987. REHEARING DENIED MARCH 26, 1987. POPE, Judge. Plaintiffs June and Weldon Duncan brought this action for negligence and loss of consortium, respectively, against defendant Emory University, Inc. seeking recovery of damages for injuries incurred following June […]

677 S.E.2d 441 STEGALL v. THE STATE. No. A09A0913.Court of Appeals of Georgia. DECIDED APRIL 9, 2009. BLACKBURN, Presiding Judge. LaQuanda Stegall appeals her conviction on two counts of cruelty to children, [1] asserting that the trial court erred in denying her motion to either declare a mistrial based on the admission of hearsay statements […]

206 S.E.2d 591 SNYDER v. ALLEN. 49140.Court of Appeals of Georgia.SUBMITTED MARCH 5, 1974. DECIDED APRIL 18, 1974. STOLZ, Judge. Defendant Snyder appeals from the denial of his motion to set aside a default judgment entered against him based on plaintiff Allen’s three-count complaint. The grounds of the motion were that the pleadings showed no […]

575 S.E.2d 906 WALCZAK v. THE STATE. A02A2449.Court of Appeals of Georgia. DECIDED: JANUARY 9, 2003 ELDRIDGE, Judge. Following a bench trial on stipulated facts adduced at a hearing on a motion to suppress, the State Court of Fayette County found Robert Walczak guilty of driving under the influence of drugs — less safe driver, […]

56 S.E.2d 158 SNYDER v. PRICHARD. 32608.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1949. 1. An oral motion to strike a paragraph of an answer is equivalent to a general demurrer as to that paragraph, or the portion thereof attacked, and, if any matter is contained therein which is proper matter of defense, the […]

274 S.E.2d 640 ARNOLD v. THE STATE. 60709.Court of Appeals of Georgia.SUBMITTED OCTOBER 8, 1980. DECIDED OCTOBER 22, 1980. McMURRAY, Presiding Judge. At the January Term, 1980, of the Clarke Superior Court the defendant was indicted for the offense of robbery “by sudden snatching” in that he allegedly did take property of value, a purse […]

600 S.E.2d 679 IN THE INTEREST OF S.S., a child. A04A0808.Court of Appeals of Georgia. DECIDED MAY 26, 2004. PHIPPS, Judge. S.S.’s natural father appeals an order of the juvenile court terminating his parental rights and awarding custody of his son to the Department of Human Resources Division of Family Children Services (DFCS). Appellant does […]