Category: Georgia Supreme Court Opinions

533 S.E.2d 75 MINNIX et al. v. DEPARTMENT OF TRANSPORTATION. S00G0340.Supreme Court of Georgia. DECIDED: JULY 5, 2000 FLETCHER, Presiding Justice. We granted certiorari to the Georgia Court of Appeals[1] to determine whether the 1997 amendment to OCGA § 9-11-9.1 requires an expert affidavit to be filed against an employer, other than a licensed health […]

145 S.E.2d 245 CLOSE v. WALKER LAND CORPORATION et al. 23153, 23154.Supreme Court of Georgia.ARGUED OCTOBER 13, 1965. DECIDED OCTOBER 19, 1965. REHEARING DENIED NOVEMBER 4, 1965. QUILLIAN, Justice. 1. In this case the appellant chose to proceed both by a bill of exceptions and by notice of appeal. We can not consider the bill […]

259 S.E.2d 71 BOYD v. THE STATE. 34959.Supreme Court of Georgia.SUBMITTED JUNE 11, 1979. DECIDED SEPTEMBER 6, 1979. NICHOLS, Chief Justice. Jerry Lewis Boyd was indicted, together with David Lester Jones, Michael Brown, and Kenneth Sanford, for the murder of Lynn C. Sullivan. Michael Brown pled guilty and was sentenced to life imprisonment. The others […]

230 S.E.2d 303 COGGINS v. THE STATE. PRUITT v. THE STATE. 31291, 31301.Supreme Court of Georgia.SUBMITTED JUNE 25, 1976. SUBMITTED JULY 2, 1976. DECIDED NOVEMBER 3, 1976. GUNTER, Justice. Appellants Pruitt and Coggins were indicted for the offenses of armed robbery and kidnapping; they were tried together before the same jury; both were found guilty […]

149 S.E.2d 659 DOESCHNER et al. v. WILSON et al. 23486.Supreme Court of Georgia.ARGUED MAY 10, 1966. DECIDED JUNE 9, 1966. 1. Where appellants did not file pleadings of any kind in the trial court, the court did not err in overruling their contentions that certain previous court proceedings were conclusive here and acted as […]

229 S.E.2d 349 CCC BUILDERS, INC. v. CITY COUNCIL OF AUGUSTA et al. 31055.Supreme Court of Georgia.ARGUED MAY 10, 1976. DECIDED SEPTEMBER 7, 1976. REHEARING DENIED SEPTEMBER 28, 1976. HILL, Justice. CCC Builders, Inc., sought a writ of mandamus to enforce an arbitration clause in a contract between CCC Builders and the City Council of […]

18 S.E.2d 850 CONE v. THE STATE. 13931.Supreme Court of Georgia. JANUARY 22, 1942. REHEARING DENIED FEBRUARY 13, 1942. 1. None of the evidence tended to show justifiable homicide, and the failure of the court to charge the jury on that subject was not erroneous. 2. If the defendant admits the killing and in doing […]

350 S.E.2d 766 HAYGOOD et al. v. CITY OF DORAVILLE et al. 43383.Supreme Court of Georgia. DECIDED DECEMBER 17, 1986. RECONSIDERATION DENIED JANUARY 7, 1987. CLARKE, Presiding Justice. The facts in this case indicate that appellants have suffered a serious deprivation which is not counterbalanced by significant public benefit from the present zoning. The deprivation […]

189 S.E.2d 403 HALL v. STONE. 27001.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1972. DECIDED APRIL 20, 1972. REHEARING DENIED MAY 3, 1972. HAWES, Justice. This is a bail trover action commenced under the provisions of Code Ch. 107-2. The issue before this court is the constitutionality of Code §§ 107-201, 107-202, and 107-203. The defendant […]

288 S.E.2d 572 THOMAS et al. v. DAWSON. 38102.Supreme Court of Georgia. DECIDED JANUARY 7, 1982. JORDAN, Chief Justice. The testator bequeathed and devised all of his property to his wife “for and during her natural lifetime, with remainder at her death to my foster child, Clifford Dawson, in Fee Simple.” The testator’s wife predeceased […]

284 S.E.2d 400 ROBINSON v. THE STATE. 38036.Supreme Court of Georgia. DECIDED NOVEMBER 18, 1981. REHEARING DENIED DECEMBER 16, 1981. JORDAN, Chief Justice. James “Doc” Robinson was convicted in Paulding County for the murder of Earlene Chandler and was sentenced to life imprisonment. He appeals, contending that the trial court should have charged the law […]

271 S.E.2d 811 GAF CORPORATION v. TOLAR CONSTRUCTION COMPANY et al. 36312.Supreme Court of Georgia.ARGUED JULY 9, 1980. DECIDED SEPTEMBER 24, 1980. JORDAN, Presiding Justice. We granted certiorari to review the decision of the Court of Appeals in Tolar Const. Co. v. GAF Corp., 154 Ga. App. 127 (267 S.E.2d 635) (1980), in order to […]

24 S.E.2d 202 FOSTER v. SMITH et al.; et vice versa. 14380, 14387.Supreme Court of Georgia. JANUARY 12, 1943. REHEARING DENIED FEBRUARY 12, 1943. Verdict for the plaintiff in action to cancel deed for fraud and undue influence in obtaining its execution was authorized, although the evidence was conflicting. Refusal of new trial was not […]

442 S.E.2d 745 SMITH v. THE STATE. S94A0182.Supreme Court of Georgia. DECIDED MAY 9, 1994. THOMPSON, Justice. Henry Gaston Smith was convicted of malice murder in the shooting death of his common-law wife, Cynthia Smith.[1] His sole enumeration of error on appeal is directed at the sufficiency of the evidence. Defendant does not deny that […]

162 S.E.2d 436 BLACKMON et al. v. RICHMOND COUNTY. 24597.Supreme Court of Georgia.SUBMITTED MAY 13, 1968. DECIDED JUNE 20, 1968. 1. An acquittal in a criminal proceeding for violation of a zoning ordinance is not res adjudicata in a civil proceeding for the enforcement of the zoning ordinance. 2. The court properly admitted in evidence […]

144 S.E.2d 388 JONES v. JONES. 23061.Supreme Court of Georgia.SUBMITTED JULY 13, 1965. DECIDED SEPTEMBER 9, 1965. CANDLER, Presiding Justice. The exception here is to a judgment dismissing a motion for an allowance of counsel fees which was made after a final decree for divorce and permanent alimony had been granted. With respect to this […]

308 S.E.2d 160 SEABROOKS v. THE STATE. 39538.Supreme Court of Georgia. DECIDED OCTOBER 25, 1983. BELL, Justice. Appellant was convicted of selling cocaine, and his conviction was affirmed by the Court of Appeals in Seabrooks v. State, 164 Ga. App. 747 (2) (297 S.E.2d 745) (1982). We granted a writ of certiorari to review the […]

443 S.E.2d 486 MEJIA v. THE STATE. S94A0408.Supreme Court of Georgia. DECIDED MAY 31, 1994. HUNSTEIN, Justice. Cesar Douglas Mejia, a/k/a Margarito Cano, was found guilty of felony murder and aggravated assault of Samuel Guevara. He was sentenced to life imprisonment on the felony murder charge. The trial court denied his motion for new trial, […]

246 S.E.2d 296 CAMP v. DEPARTMENT OF PUBLIC SAFETY. 33488.Supreme Court of Georgia.ARGUED MAY 8, 1978. DECIDED JUNE 27, 1978. BOWLES, Justice. Appellant was declared to be a habitual violator of the traffic laws of the State of Georgia in accordance with Code Ann. § 68B-308, as a result of receiving three or more convictions […]

189 S.E.2d 76 SOUTHEASTERN ADJUSTERS, INC. v. CALDWELL. 27098.Supreme Court of Georgia.ARGUED MARCH 15, 1972. DECIDED APRIL 6, 1972. The complaint with reference to issuance of a subpoena by the Insurance Commissioner failed to set forth a claim for relief and was therefore properly dismissed. ARGUED MARCH 15, 1972 — DECIDED APRIL 6, 1972. Injunction. […]

462 S.E.2d 618 FRIENDSHIP BAPTIST CHURCH, INC. v. WEST. S95A0951.Supreme Court of Georgia. DECIDED OCTOBER 16, 1995. CARLEY, Justice. In 1993, Friendship Baptist Church brought this action for declaratory judgment against West, seeking a declaration that the Church had acquired prescriptive title to a parcel of unenclosed land adjacent to the Church measuring 15 feet […]

40 S.E.2d 559 CITIZENS OIL COMPANY INC. v. HEAD et al. 15624.Supreme Court of Georgia. NOVEMBER 14, 1946. JENKINS, Presiding Justice. 1. “Contracts creating the relation of landlord and tenant for any time not exceeding one year may be by parol, and if made for a greater time shall have the effect of a tenancy […]

219 S.E.2d 713 McDOWELL v. JUDGES EX OFFICIO et al. 30394.Supreme Court of Georgia.ARGUED OCTOBER 7, 1975. DECIDED OCTOBER 16, 1975. INGRAM, Justice. The appellant filed an equitable complaint in the Superior Court of Chatham County seeking injunctive relief against the appellees to prevent them from commencing construction of a new courthouse complex in Chatham […]

91 S.E.2d 337 JEFFREY McELREATH MANUFACTURING CO. v. HILL, Guardian, et al. 19222.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1956. DECIDED FEBRUARY 13, 1956. DUCKWORTH, Chief Justice. 1. A defendant can not decline to litigate in a suit in which he has already been brought into court, by bringing another action, since he is bound to […]

16 S.E.2d 9 FEDERAL LAND BANK OF COLUMBIA et al. v. BANK OF LENOX. 13640.Supreme Court of Georgia. MAY 17, 1941. ADHERED TO ON REHEARING, JUNE 20, JULY 17, 1941. 1. The bill of exceptions was not subject to dismissal as failing, under the Code, § 6-901, to sufficiently “specify the decision complained of and […]

162 S.E.2d 722 HENTON v. GOULD. 24707.Supreme Court of Georgia.ARGUED JUNE 11, 1968. DECIDED JULY 16, 1968. FRANKUM, Justice. Eunice Gould instituted a dispossessory warrant proceeding against Rena Henton. The defendant tendered her counter affidavit and bond, and in the counter affidavit denied that the relationship of landlord and tenant existed between her and the […]

190 S.E.2d 57 WATSON v. AULT. 27192.Supreme Court of Georgia.SUBMITTED MAY 8, 1972. DECIDED JUNE 15, 1972. UNDERCOFLER, Justice. James Watson filed an application for the writ of habeas corpus in the Superior Court of Butts County, Georgia, against Allen Ault, Warden of the Georgia Diagnostic and Classification Center. The record shows that the applicant […]

405 S.E.2d 648 DAVIS v. THE STATE. OWENS v. THE STATE. DAVIS v. THE STATE. S91A0685, S91A0686, S91A0687.Supreme Court of Georgia. DECIDED JULY 1, 1991. WELTNER, Justice. Farris M. Davis, Sr., shot and killed Bradford Thomas with a rifle. He was convicted by a jury of aggravated assault, malice murder, and felony murder. Benny Owens […]

11 S.E.2d 662 MADDOX v. FIRST NATIONAL BANK OF JEFFERSON. 3283.Supreme Court of Georgia. OCTOBER 17, 1940. REHEARING DENIED NOVEMBER 20, 1940. Under the Code of 1933, § 24-1710, where an ordinary of a given county is disqualified in any matter coming before him, the county judge or the city-court judge, and, if there be […]

108 S.E.2d 699 STATE HIGHWAY DEPARTMENT et al. v. SOUTHERN RAILWAY COMPANY. 20460.Supreme Court of Georgia.ARGUED APRIL 14, 1959. DECIDED MAY 8, 1959. MOBLEY, Justice. Southern Railway Company brought its petition against the State Highway Department of Georgia and against John E. Quillian, George L. Mathews, and Roy F. Chalker, as members of the State […]

354 S.E.2d 424 SERVICEMASTER MANAGEMENT SERVICES CORPORATION v. CHEROKEE COUNTY SCHOOL SYSTEM. 44179.Supreme Court of Georgia. DECIDED APRIL 9, 1987. RECONSIDERATION DENIED APRIL 29, 1987. WELTNER, Justice. We have received the following certified questions from The United States Court of Appeals for the Eleventh Circuit: “(1) Whether, in light of appellee’s claim that the contract […]

312 S.E.2d 107 PETKAS v. GRIZZARD. 40165.Supreme Court of Georgia. DECIDED FEBRUARY 9, 1984. CLARKE, Justice. We granted certiorari on the issue of whether a trial court may take judicial notice of the record in a prior suit in the same court when determining if the action before him falls within the provisions of the […]

121 S.E.2d 20 WATT v. THE STATE. 21269.Supreme Court of Georgia.SUBMITTED JUNE 12, 1961. DECIDED JULY 6, 1961. The bill of exceptions assigns error on a judgment denying a motion for new trial based only on the general grounds, and complains of a conviction for rape without a recommendation. The testimony of the victim and […]

218 S.E.2d 617 GASKINS v. VICKERY et al. 29952.Supreme Court of Georgia.SUBMITTED MAY 19, 1975. DECIDED SEPTEMBER 2, 1975. HALL, Justice. This is a dispute over title to real property in which plaintiffs below claimed to have bought land in installments, and defendant asserted that the payments so made were merely rent. The plaintiffs, who […]

656 S.E.2d 531 IN THE MATTER OF IKE A. HUDSON. No. S08Y0186.Supreme Court of Georgia. DECIDED: JANUARY 28, 2008. PER CURIAM. This disciplinary matter is before the Court pursuant to Respondent Ike A. Hudson’s petition for voluntary discipline which he filed pursuant to Bar Rule 4-227 (b) to resolve two grievances that had been filed […]

214 S.E.2d 660 POOLE v. RICKETTS. 29444.Supreme Court of Georgia. DECIDED JANUARY 7, 1975. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

549 S.E.2d 81 HOLMES v. HENDERSON. S01A0062.Supreme Court of Georgia. DECIDED: JUNE 25, 2001 FLETCHER, Presiding Justice. James Henderson brought a declaratory judgment action against Jerry Holmes seeking to establish that certain property was jointly owned. The trial court entered judgment granting the relief sought and Holmes appeals. Because the trial court’s judgment does not […]

422 S.E.2d 859 DAVIS et al. v. FINDLEY. S92G0457.Supreme Court of Georgia. DECIDED DECEMBER 1, 1992. RECONSIDERATION DENIED DECEMBER 17, 1992. BELL, Presiding Justice. We granted certiorari to the Court of Appeals in Findley v. Davis, 202 Ga. App. 332 (414 S.E.2d 317) (1991), to determine “whether the plaintiff’s allegation that the defendants charged excessive […]

398 S.E.2d 1 IN THE MATTER OF ROBERT STRICKLAND, JR. SUPREME COURT DISCIPLINARY NO. 491Supreme Court of Georgia. DECIDED SEPTEMBER 27, 1990. RECONSIDERATION DENIED DECEMBER 19, 1990. PER CURIAM. This disciplinary proceeding stems from respondent’s conviction of murder and sentence of life imprisonment. Pursuant to Bar Rule 4-106, a special master was appointed by this […]

458 S.E.2d 349 BROOKS v. THE STATE (three cases). S95A0215, S95A0258, S95A0265.Supreme Court of Georgia. DECIDED JUNE 30, 1995. BENHAM, Presiding Justice. Derreck and Paul Brooks, brothers, were convicted of felony murder for the stabbing death of Randy Wallace.[1] The evidence at trial showed that the Brookses spent the evening preceding the killing with Wallace […]

136 S.E.2d 753 DUMUS v. RENFROE. 22466.Supreme Court of Georgia.SUBMITTED APRIL 14, 1964. DECIDED MAY 7, 1964. The petition stated a cause of action for a part of the relief prayed and it was error to sustain the general demurrer. SUBMITTED APRIL 14, 1964 — DECIDED MAY 7, 1964. Injunction, etc. Fulton Superior Court. Before […]

331 S.E.2d 589 REEVES et al. v. HABERSHAM BANK et al. 41688.Supreme Court of Georgia. DECIDED JULY 3, 1985. REHEARING DENIED JULY 24, 1985. BELL, Justice. On December 5, 1977, Thomas Sexton purchased Reeves Brothers Hardware and Furniture Store (hereinafter, Reeves Hardware) in Clarkesville, Georgia from the appellants, the Reeves brothers, who are his in-laws. […]

392 S.E.2d 523 PHILLIPS v. PHILLIPS. S90A0590.Supreme Court of Georgia. DECIDED JUNE 21, 1990. SMITH, Presiding Justice. Clyde Leon Phillips devised to his son Jerry Lamar Phillips, the appellant, two tracts of land subject to the stipulation that the property could not be sold, mortgaged, encumbered, or otherwise disposed of for a period of ten […]

5 S.E.2d 336 SMITH v. BIRD et al. 12979.Supreme Court of Georgia. OCTOBER 11, 1939. Where the merits of plaintiff’s case have been passed upon by a judgment sustaining a general demurrer and dismissing the complaint, a subsequent suit between the same parties, seeking the same relief upon substantially the same grounds, is barred under […]

651 S.E.2d 674 WILLIAMS v. THE STATE. No. S07A0883.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 2007. RECONSIDERATION DENIED OCTOBER 29, 2007. BENHAM, Justice. Appellant Robert L. Williams was convicted in the Superior Court of Bibb County of the malice murder of Michael Malone and possession of a firearm during the commission of a crime.[1] On […]

356 S.E.2d 27 DIXON v. THE STATE. 44289.Supreme Court of Georgia. DECIDED APRIL 9, 1987. WELTNER, Justice. Joe Dixon stabbed his former female companion. She died of multiple stab wounds, and he was convicted of murder.[1] The single enumeration of error is that the verdict is against the weight of evidence. The evidence in this […]

604 S.E.2d 147 ZELLARS v. THE STATE. S04A0970.Supreme Court of Georgia. DECIDED OCTOBER 12, 2004. SEARS, Presiding Justice. The appellant, Rowland Zellars, appeals from his conviction for the malice murder of John Jefferson.[1] Zellars raises numerous issues, Page 482 including that the trial court violated the continuing witness rule by permitting a photographic lineup and […]

63 S.E.2d 597 REED v. WHITE et al. 17364.Supreme Court of Georgia. FEBRUARY 14, 1951. CANDLER, Justice. This is a suit brought in Cobb Superior Court by G. W. White and others against B. F. Reed Jr., doing business as Reed Building Supply Company, to enjoin the latter from operating a lumber manufacturing plant alleged […]

563 S.E.2d 841 GEORGIA ELECTRIC MEMBERSHIP CORPORATION v. HI-RANGER, INC., et al. S02Q0399.Supreme Court of Georgia. DECIDED: MAY 13, 2002. FLETCHER, Chief Justice. After being injured on the job, Tim Franks and his employer Georgia Electric Membership Corporation (GEMC) jointly filed suit in federal district court against Hi-Ranger, Inc.[1] and others, who were responsible for […]

518 S.E.2d 126 COBB COUNTY SCHOOL DISTRICT v. BETTY M. BARKER S99A0248.Supreme Court of Georgia. DECIDED: MAY 3, 1999 Before BENHAM, Chief Justice. We granted appellant Cobb County School District’s discretionary application in order to review the decision of the Superior Court of Cobb County which upheld the constitutionality of former OCGA § 34-9-200.1(g)(6).[1] The […]

235 S.E.2d 533 SHEPHERD v. THE STATE. 32072.Supreme Court of Georgia.SUBMITTED MARCH 4, 1977. DECIDED MAY 13, 1977. HILL, Justice. The defendant was tried and convicted for murder and two counts of aggravated assault. He was sentenced to life imprisonment for the murder conviction and two 10-year terms for the aggravated assault convictions to run […]

85 S.E.2d 757 McKEE et al. v. HUBERT et al. 18822.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1955. DECIDED FEBRUARY 14, 1955. Where limitations upon the use of property do not appear in the chain of title, a restriction based upon an independent act or agreement must be established by evidence that is clear and beyond […]

212 S.E.2d 823 KOCHIS et al. v. MILLS et al. 29280.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1974. DECIDED FEBRUARY 11, 1975. JORDAN, Justice. We granted certiorari to review the Court of Appeals decision in Mills v. Kochis, 132 Ga. App. 492 (208 S.E.2d 352). This action originated as one brought by the limited partners in […]

407 S.E.2d 754 GLYNN COUNTY BOARD OF EDUCATION et al. v. LANE et al. S91A0616.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1991. CLARKE, Chief Justice. This is an appeal from an order of the Superior Court of Glynn County. The court held, first, that the court, rather than the Glynn County Board of Education (hereinafter […]

709 S.E.2d 214 BROWN INVESTMENT GROUP, LLC et al. v. THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH. No. S10G1471.Supreme Court of Georgia. DECIDED MARCH 7, 2011. RECONSIDERATION DENIED APRIL 12, 2011. CARLEY, Presiding Justice. On August 1, 2006, a tax deed to real property located in the City of Savannah was executed in […]

312 S.E.2d 337 STILES v. EARNEST. 40544.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1984. REHEARING DENIED MARCH 14, 1984. WELTNER, Justice. This is an election contest challenging the result of a referendum held in Seminole County, Georgia, which presented to the voters an opportunity to provide for the election of members of the Seminole County […]

40 S.E.2d 715 MATTHEWS, administrator, et al. v. BLANOS. 15639.Supreme Court of Georgia. NOVEMBER 14, 1946. 1. A contract under which one of the contracting parties agrees with the other, for a valuable consideration, that he will make a will giving to the other property, either real or personal, is enforceable in equity, but specific […]

453 S.E.2d 1 WILLIAMS v. THE STATE. S94A1304.Supreme Court of Georgia. DECIDED JANUARY 30, 1995. HUNT, Chief Justice. David Shawn Williams shot a handgun into a crowd killing Terrance Williams (no relation). He was convicted of felony murder with assault of the victim as the underlying felony, and aggravated assault, and sentenced to life in […]

334 S.E.2d 181 STROZIER v. THE STATE. 42363.Supreme Court of Georgia. DECIDED SEPTEMBER 12, 1985. WELTNER, Justice. James Lee Strozier was convicted of murder and sentenced to life imprisonment for killing his wife with a machete.[1] Strozier followed his estranged wife and their children to Tifton, where he had tried, for several months, to effect […]

274 S.E.2d 324 BROWN v. HIGGINS. 36670.Supreme Court of Georgia. DECIDED JANUARY 27, 1981. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. DECIDED JANUARY 27, 1981. Injunction. Gwinnett Superior Court. Before Judge Pittard. Jordan Jordan, Hill Jordan, for appellant. Joseph E. Cheeley, Jr., Joseph E. Cheeley, III, for appellee.

555 S.E.2d 693 THOMAS v. THE STATE. S01A0646.Supreme Court of Georgia. DECIDED: NOVEMBER 19, 2001. HINES, Justice. Christopher Thomas appeals the denial of his motion to dismiss the indictment and request for discharge and acquittal for an alleged violation of his right to a speedy trial under the Sixth Amendment of the Constitution of the […]

483 S.E.2d 577 NOROWSKI v. NOROWSKI. S97A0357.Supreme Court of Georgia. DECIDED APRIL 14, 1997. FLETCHER, Presiding Justice. We granted this discretionary application to consider whether Uniform Superior Court Rule 24.7 precludes a trial court from hearing a petition for divorce when child custody issues are being litigated in another forum. We conclude that it does […]

74 S.E.2d 657 HINKLE v. HINKLE (two cases). 18096, 18097.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1953. DECIDED FEBRUARY 9, 1953. REHEARING DENIED FEBRUARY 25, 1953. 1. Cruel treatment as a ground for divorce in this State is defined as “the wilful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies […]

286 S.E.2d 13 GORRELL v. FOWLER et al. 37757.Supreme Court of Georgia. DECIDED JANUARY 6, 1982. REHEARING DENIED JANUARY 27, 1982. WELTNER, Justice. Application for interlocutory review was granted on the motion of Gorrell, a contractor, protesting the dismissal of his complaint against the Fowlers by the Superior Court of Catoosa County. In 1972, Gorrell […]

627 S.E.2d 1 SMITH v. THE STATE. S05A1873.Supreme Court of Georgia. DECIDED FEBRUARY 13, 2006. RECONSIDERATION DENIED MARCH 27, 2006. MELTON, Justice. Appellant Henry Smith was found guilty of felony murder and possession of a firearm during the commission of a felony arising out of the shooting death of Orlando Wright.[1] Smith appeals from his […]

284 S.E.2d 282 IN THE MATTER OF McWHORTER. SUPREME COURT DISCIPLINARY NO. 183.Supreme Court of Georgia. DECIDED NOVEMBER 13, 1981. PER CURIAM. Attorney Thomas K. McWhorter of Clayton County filed suit on behalf of his client, Dr. A. K. Weathers, Jr., against Tallman Pools. Tallman Pools filed requests for admissions which were not answered and […]

375 S.E.2d 223 CRAWFORD v. WILLIAMS et al. 45745.Supreme Court of Georgia. DECIDED JANUARY 19, 1989. CLARKE, Presiding Justice. In this action to recover damages for fraud the trial court granted summary judgment to the defendant. The Court of Appeals reversed. Williams v. Crawford, 186 Ga. App. 643 (368 S.E.2d 337) (1988). We granted certiorari […]

211 S.E.2d 769 LARRY v. BROWN. 29067.Supreme Court of Georgia. DECIDED SEPTEMBER 4, 1974. This case is remanded to the trial court with direction. Remanded with direction. All the Justices concur. DECIDED SEPTEMBER 4, 1974. Raymond Larry, pro se. Page 391 Arthur K. Bolton, Attorney General, for appellee.

640 S.E.2d 35 WILLIAMS v. CITY OF ATLANTA. No. S06A1879.Supreme Court of Georgia. DECIDED JANUARY 8, 2007. SEARS, Chief Justice. The appellant, Roderick Williams, appeals from an adverse decision by the trial court on his claims for mandamus and quantum meruit relief against the appellee, the City of Atlanta. For the reasons that follow, we […]

249 S.E.2d 545 GEORGIA SOUTHERN FLORIDA RAILWAY COMPANY v. ODOM et al. 33611.Supreme Court of Georgia.ARGUED JUNE 13, 1978. DECIDED SEPTEMBER 6, 1978. REHEARING DENIED SEPTEMBER 26, 1978. MARSHALL, Justice. This case involves the following ordinance of the City of Arabi, Georgia: “All trains must slow down to a speed not to exceed fifteen (15) […]

156 S.E.2d 71 INTERNATIONAL LADIES’ GARMENT WORKERS UNION, AFL-CIO v. SMITH (now Campos). 24138.Supreme Court of Georgia.ARGUED JUNE 12, 1967. DECIDED JUNE 22, 1967. REHEARING DENIED JULY 6, 1967. The prior ruling on the issue of the court’s jurisdiction became the law of the case and could not be re-litigated upon a petition for contempt […]

706 S.E.2d 456 SIMMONS v. SIMMONS. No. S10F1818.Supreme Court of Georgia. DECIDED FEBRUARY 28, 2011. HUNSTEIN, Chief Justice. Kristi Simmons (“Wife”) filed for divorce from Gregory Simmons (“Husband”) after 16 years of marriage. The parties have one child, who was born in June 1996. Following a bench trial, the trial court issued a final judgment […]

360 S.E.2d 250 BRENIZER v. BRENIZER. 44475.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 1987. BELL, Justice. This is an appeal by a husband in his suit seeking a modification of alimony payments. The trial court dismissed the petition for modification on the ground that the right to modify had been waived by the written agreement […]

662 S.E.2d 110 MORRIS v. THE STATE. No. S08A0002.Supreme Court of Georgia. DECIDED MAY 19, 2008. RECONSIDERATION DENIED JUNE 30, 2008. MELTON, Justice. Following a jury trial, Alfred Morris was convicted of felony murder and various other offenses in connection with the armed robbery and shooting death of Randy Sample during a failed drug deal.[1] […]

659 S.E.2d 364 BOSEMAN v. THE STATE. No. S08A0079.Supreme Court of Georgia. DECIDED MARCH 31, 2008. HUNSTEIN, Presiding Justice. Charles Lee Boseman was convicted of malice murder in the shooting death of Augusta Police Sergeant Charles Hammock. He appeals from the denial of his motion for new trial[1] challenging the sufficiency of the evidence used […]

96 S.E.2d 787 ATTERBERRY v. THE STATE. 19517.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1956. DECIDED DECEMBER 5, 1956. REHEARING DENIED DECEMBER 18, 1956. HAWKINS, Justice. An accusation was preferred against L. C. Atterberry in the City Court of Savannah, charging him with the offense of a misdemeanor in that he “Did unlawfully charge and receive, […]

373 S.E.2d 18 LEWIS v. LEWIS. 46061.Supreme Court of Georgia. DECIDED OCTOBER 26, 1988. SMITH, Justice. We granted this discretionary application to consider whether certain awards made in a final judgment and decree of divorce are dischargeable in bankruptcy. While the parties’ state court divorce was pending, the appellant, Frank Claud Lewis, filed a Chapter […]

325 S.E.2d 379 CHICOLA v. THE STATE. 41614.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1985. CLARKE, Justice. Adelaide Chicola was convicted of the murder of her husband Steven Chicola and sentenced to life imprisonment. She appeals from this conviction. We affirm.[1] Steven Chicola was shot five times at his home in Cobb County. His dead […]

272 S.E.2d 267 DAWES MINING COMPANY, INC. v. CALLAHAN. 36336.Supreme Court of Georgia.ARGUED JULY 14, 1980. DECIDED OCTOBER 8, 1980. HILL, Justice. Certiorari was granted to review Dawes Mining Co. v. Callahan, 154 Ga. App. 229 (267 S.E.2d 830) (1980), in which the Court of Appeals held that when an employer changes its group health […]

535 S.E.2d 234 SECURITY LIFE INSURANCE COMPANY of AMERICA v. CLARK et al. S00G0006.Supreme Court of Georgia. DECIDED: SEPTEMBER 11, 2000 SEARS, Justice. This Court has granted certiorari in this matter two times in as many years. In 1997, certiorari was granted to the Court of Appeals in order to consider three issues,[1] and this […]

315 S.E.2d 865 THE STATE v. SLAUGHTER. 40414.Supreme Court of Georgia. DECIDED APRIL 17, 1984. HILL, Chief Justice. After his motion to suppress was denied, Robert Earl Slaughter was tried by a jury and convicted of possession of cocaine and possession of less than an ounce of marijuana. On appeal, the Court of Appeals reversed […]

344 S.E.2d 216 CLENNEY v. THE STATE. 43306.Supreme Court of Georgia. DECIDED JUNE 10, 1986. RECONSIDERATION DENIED JULY 2, 1986. MARSHALL, Chief Justice. Lennie Merle Clenney appeals from her conviction of malice murder, for which she was sentenced to life imprisonment.[1] We affirm. 1. The appellant contends that the evidence was insufficient as a matter […]

712 S.E.2d 851 GLASS v. THE STATE. No. S11A0611.Supreme Court of Georgia. DECIDED JULY 11, 2011. CARLEY, Presiding Justice. Appellant Kentez L. Glass and his co-defendant Christopher K. Anderson were separately indicted, but later tried jointly before a Page 543 jury on a new indictment. Glass was found guilty of the felony murder of Jenterra […]

369 S.E.2d 749 LONCHAR v. THE STATE. 45437.Supreme Court of Georgia. DECIDED JULY 13, 1988. RECONSIDERATION DENIED JULY 29, 1988. BELL, Justice. Larry Grant Lonchar was convicted by a jury in DeKalb County of three counts of murder and one count of aggravated assault. He was sentenced to death of each of the murder counts.[1] […]

24 S.E.2d 187 CITY OF JEFFERSON et al. v. HOLDER et al. 14347.Supreme Court of Georgia. JANUARY 13, 1943. REHEARING DENIED FEBRUARY 12, 1943. 1. “The existence of a corporation, claiming a charter under color of law, can not be collaterally attacked by persons who have dealt with it as a corporation. Such persons are […]

68 S.E.2d 711 EDGE et al. v. CEDARTOWN TEXTILES INC. 17678.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1951. DECIDED JANUARY 14, 1952. REHEARING DENIED JANUARY 29, 1952. WYATT, Justice. 1. In the case against Mrs. Doris Voyles, there was no evidence that she was a member of the union, that she had served on the picket […]

70 S.E.2d 769 McKINNEY v. ATKINSON et al. 17816.Supreme Court of Georgia.SUBMITTED APRIL 15, 1952. DECIDED MAY 12, 1952. DUCKWORTH, Chief Justice. 1. L. C. McKinney sued William J. Atkinson and Fulton Metal Bed Manufacturing Company, praying for an accounting that would pay his debt to Atkinson and release fifty shares of stock in the […]

14 S.E.2d 570 McMILLAN et al. v. MILLEDGEVILLE BRICK WORKS COMPANY et al. 13706.Supreme Court of Georgia. APRIL 18, 1941. It not affirmatively appearing that the bill of exceptions was tendered within the time required by law, the writ of error is dismissed. No. 13706. APRIL 18, 1941. Equitable petition. Before Judge Jackson. Baldwin superior […]

240 S.E.2d 51 WILLIAMS v. KENNEDY. 32871.Supreme Court of Georgia.ARGUED OCTOBER 13, 1977. DECIDED NOVEMBER 8, 1977. BOWLES, Justice. Appellant filed suit against the appellee in the Superior Court of Richmond County, seeking to recover for damages arising out of an automobile collision. Appellant alleged that as the sole and proximate result of appellee’s negligence, […]

515 S.E.2d 390 IN THE MATTER OF JEFFREY LEE HERSH S99Y0840.Supreme Court of Georgia. DECIDED: MAY 3, 1999 PER CURIAM. The State Bar filed three Formal Complaints against Respondent Jeffrey Lee Hersh alleging violations of Standards 4 (professional conduct involving dishonesty, fraud, deceit, or wilful misrepresentation), 61 (failure to notify promptly a client of the […]

221 S.E.2d 1 WADLINGTON v. WADLINGTON. 30315.Supreme Court of Georgia.ARGUED OCTOBER 7, 1975. DECIDED OCTOBER 21, 1975. REHEARING DENIED NOVEMBER 24, 1975. NICHOLS, Chief Justice. This appeal results from a divorce and alimony petition filed by the plaintiff-wife and cross complaint by the defendant-husband. The jury found for the plaintiff and awarded her the marital […]

709 S.E.2d 812 IN THE MATTER OF GREGORY C. MENEFEE. No. S11Y0861.Supreme Court of Georgia. DECIDED APRIL 26, 2011. PER CURIAM. This reciprocal discipline case is before the Court on the Report and Recommendation of the Review Panel, recommending that Gregory C. Menefee (State Bar No. 502020) be disbarred following the order disbarring him from […]

53 S.E.2d 118 CROWN LAUNDRY et al. v. HIGGINS. 16556.Supreme Court of Georgia. APRIL 13, 1949. CANDLER, Justice. The decision in this case is controlled by Crown Laundry v. Burch, ante, 211. Judgment affirmed. All the Justices concur. No. 16556. APRIL 13, 1949. Certiorari; from Court of Appeals. 78 Ga. App. 421. Pittman Hodge and […]

711 S.E.2d 639 BENCHMARK BUILDERS, INC. et al. v. SCHULTZ et al. No. S10G1141.Supreme Court of Georgia. DECIDED JUNE 13, 2011. NAHMIAS, Justice. Appellees Stephen H. and Elizabeth M. Schultz contracted with appellant Benchmark Builders, Inc. (“Benchmark”) to build a house.[1] As construction progressed, the Schultzes decided that Benchmark was not building the house according […]

164 S.E.2d 721 MASSEY v. BRITT. 24902.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1968. DECIDED NOVEMBER 7, 1968. NICHOLS, Justice. In 1930 W. B. Hopson and R. H. Massey each acquired a one-half undivided interest in a tract of land in Gwinnett County which they divided into two tracts in 1939. In the deed from Massey […]