Category: Georgia Supreme Court Opinions

475 S.E.2d 915 THE STATE v. UNION. THE STATE v. GINN. S96A0686, S96A0687.Supreme Court of Georgia. DECIDED JULY 15, 1996. HINES, Justice. Joseph Union was arrested for driving under the influence of alcohol on January 28, 1995. Michael Ginn was arrested for driving Page 33 under the influence of alcohol on October 14, 1994.[1] Separate […]

516 S.E.2d 66 JOHN MARTIN v. ALICE JOHNSON-LEMON S98G1494Supreme Court of Georgia. DECIDED MAY 3, 1999. Before SEARS, Justice. We granted certiorari in this case to consider whether, in reversing the trial court’s grant of summary judgment to the defendant landlord in this wrongful death action, the Court of Appeals erroneously Page 121 expanded the […]

704 S.E.2d 792 IN THE MATTER OF SANDRA M. FULLER. S11Y0231Supreme Court of Georgia. DECIDED: JANUARY 11, 2011 PER CURIAM. This disciplinary proceeding is before the Court on the Report and Recommendation of the Special Master, James E. Mahar, Jr., who recommends that the Court accept the Amended Petition for Voluntary Surrender of License submitted […]

544 S.E.2d 433 CITY OF ATLANTA et al. v. TAP ASSOCIATES. S00A2086.Supreme Court of Georgia. DECIDED: MARCH 21, 2001 FLETCHER, Presiding Justice. This rezoning case involves 9.35 acres of property at the northwest corner of Phipps Boulevard and Lenox Road in the city of Atlanta. TAP Associates, a limited partnership, sought to rezone the land […]

235 S.E.2d 140 THE STATE v. WESTBERRY. 31811.Supreme Court of Georgia.SUBMITTED FEBRUARY 15, 1977. DECIDED APRIL 6, 1977. REHEARING DENIED APRIL 21, 1977. HALL, Justice. After the Court of Appeals reversed Westberry’s convictions for burglary and theft by taking on the ground that the state had improperly been allowed to impeach its own witness by […]

695 S.E.2d 23 IN THE MATTER OF MICHAEL B. SESHUL, JR. No. S10Y1130.Supreme Court of Georgia. DECIDED MAY 3, 2010. PER CURIAM. This disciplinary matter is before the Court on special master Rex R. Ruffs Report and Recommendation in which he urges the Court to accept Respondent Michael B. Seshul, Jr.’s Second Petition for Suspension […]

33 S.E.2d 304 WARDLAW et al. v. SOUTHERN RAILWAY COMPANY et al. 15058.Supreme Court of Georgia. FEBRUARY 8, 1945. REHEARING DENIED MARCH 7, 1945. 1. A covenant running with the land which binds subsequent purchasers thereof, as distinguished from a personal or collateral covenant which does not run with the land, must relate to the […]

223 S.E.2d 61 ORKIN et al. v. THE STATE. 29464.Supreme Court of Georgia.ARGUED SEPTEMBER 4, 1975. DECIDED JANUARY 27, 1976. REHEARING DENIED FEBRUARY 11, 1976. HILL, Justice. Defendants William B. Orkin and Bobby Charles Bowen appeal from a verdict of guilty of the crime of “conspiracy to commit murder” and jury sentences of five years […]

412 S.E.2d 536 HENDRIX v. STONE. S92A0006.Supreme Court of Georgia. DECIDED FEBRUARY 4, 1992. RECONSIDERATION DENIED FEBRUARY 20, 1992. BENHAM, Justice. The parties were divorced in June 1988, and the judgment entered therein obligated Mr. Stone to make monthly alimony payments to appellant for eight years or until either party died or appellant remarried. Appellee […]

626 S.E.2d 471 R. D. BROWN CONTRACTORS, INC. v. BOARD OF EDUCATION OF COLUMBIA COUNTY et al. S05A1422.Supreme Court of Georgia. DECIDED FEBRUARY 13, 2006. HINES, Justice. R. D. Brown Contractors, Inc. (“Brown”) appeals from the denial of its petition for an interlocutory injunction. For the reasons that follow, we affirm. The Board of Education […]

668 S.E.2d 711 THOMAS v. THE STATE. No. S08A1778.Supreme Court of Georgia. DECIDED OCTOBER 27, 2008. THOMPSON, Justice. Charles Randolph Thomas was convicted of malice murder and possession of a firearm during the commission of a crime arising from the shooting death of his former wife, Annette Thomas.[1] On appeal, Thomas asserts that the trial […]

195 S.E.2d 431 ALMOND v. THE STATE. 27583.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1972. DECIDED JANUARY 4, 1973. JORDAN, Justice. Charlie Frank Almond appeals his conviction and sentence to life imprisonment for the murder of Louise Weaver, and the overruling of his motion for a new trial. The appeal is prosecuted on the basis that […]

657 S.E.2d 232 CITY OF WILLACOOCHEE v. THE SATILLA RURAL ELECTRIC MEMBERSHIP CORPORATION. No. S08A0177.Supreme Court of Georgia. DECIDED FEBRUARY 11, 2008. CARLEY, Justice. The City of Willacoochee (City) enacted an ordinance which imposed a 4% tax on the gross revenue paid to a secondary electricity supplier by residents of the municipality. Before the first […]

369 S.E.2d 913 EMORY CLINIC et al. v. HOUSTON. EMORY UNIVERSITY v. HOUSTON. 45362, 45374.Supreme Court of Georgia. DECIDED JULY 15, 1988. RECONSIDERATION DENIED JULY 29, 1988. PER CURIAM. We granted certiorari to determine the scope of statutory prohibitions on the use of information produced by peer review and medical review groups in civil litigation. […]

642 S.E.2d 686 FORMAL ADVISORY OPINION 05-4. No. S06U0797.Supreme Court of Georgia. DECIDED MARCH 19, 2007. PER CURIAM. We granted a petition for discretionary review brought by the State Bar of Georgia asking the Court to adopt an opinion of the Formal Advisory Opinion Board (“board”). At issue is Formal Advisory Opinion (“FAO”) 05-4, which […]

69 S.E.2d 574 SMITH et al. v. POWERS et al. 17730.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1952. DECIDED FEBRUARY 13, 1952. REHEARING DENIED MARCH 13, 1952. WYATT, Justice. 1. The plaintiffs in error brought suit against the defendants in error, seeking to recover certain described real property. They alleged in their petition that, on October […]

216 S.E.2d 324 GAITHER v. THE STATE. 29863.Supreme Court of Georgia.SUBMITTED APRIL 21, 1975. DECIDED MAY 20, 1975. PER CURIAM. This is an appeal from a conviction for the offense of murder. The trial court granted a motion for new trial on the conviction for the offense of aggravated assault and overruled the motion as […]

143 S.E.2d 167 COTA et al. v. NORTHSIDE HOSPITAL ASSOCIATION, INC. et al. 22941.Supreme Court of Georgia.ARGUED MAY 11, 1965. DECIDED JUNE 14, 1965. 1. The fact that no witnesses were sworn and that counsel for the objecting parties was not permitted to examine witnesses under oath would not render the granting of the special […]

465 S.E.2d 661 RAINEY v. THE STATE S95G1050Supreme Court of Georgia. DECIDED JANUARY 22, 1996 THOMPSON, Justice. Rainey was convicted of rape and possession of cocaine following a jury trial at which direct evidence of guilt was offered during the State’s case-in-chief. He did not request a jury instruction on the law of circumstantial evidence, […]

578 S.E.2d 400 BDO SEIDMAN, LLP v. MINDIS ACQUISITION CORP. S02G0788.Supreme Court of Georgia. Decided March 10, 2003 FLETCHER, Chief Justice. We granted certiorari in this case to consider the proper measure of damages in a negligent misrepresentation case. Because the Court of Appeals improperly utilized a fraud standard of damages for this negligence cause […]

225 S.E.2d 902 JONES v. THE STATE. 31084.Supreme Court of Georgia.SUBMITTED MAY 5, 1976. DECIDED MAY 18, 1976. JORDAN, Justice. Appellant appeals from a conviction of murder and a life sentence. Appellant’s sole enumeration of error is on the general grounds. The testimony at trial produced the following evidence: On the day of her death, […]

164 S.E.2d 557 GRAY v. STEPHENS, Mayor, et al. 24872.Supreme Court of Georgia.ARGUED OCTOBER 15, 1968. DECIDED NOVEMBER 7, 1968. DUCKWORTH, Chief Justice. 1. The alleged errors claiming the lower court erred in denying a mandamus absolute for the issuance of a building permit in the City of East Point for apartments arise out of […]

416 S.E.2d 290 ALLEN v. THE STATE. S92A0301.Supreme Court of Georgia. DECIDED MAY 27, 1992. BENHAM, Justice. In October 1987, a jury acquitted appellant of felony murder but found him guilty of malice murder and armed robbery in connection with the 1986 death of a Glynn County convenience store clerk. While finding the evidence sufficient […]

288 S.E.2d 562 WARREN et al. v. CITY OF MARIETTA. 38244.Supreme Court of Georgia. DECIDED MARCH 10, 1982. REHEARING DENIED MARCH 23, 1982. WELTNER, Justice. The trial court enjoined Warren, a Cobb County school bus driver, from parking a school bus in her driveway overnight in violation of a City of Marietta zoning ordinance. Upon […]

373 S.E.2d 15 PURYEAR v. DEAKINS et al. 46079.Supreme Court of Georgia. DECIDED OCTOBER 26, 1988. CLARKE, Presiding Justice. This case involves the applicability of certain restrictive covenants to four out of fourteen lots in a subdivision. Earlier litigation has concluded that Foster and Rajecki, Inc. (“FRI”), the subdivision’s developer, legally contracted to sell the […]

696 S.E.2d 649 COVINGTON SQUARE ASSOCIATES, LLC v. INGLES MARKETS, INC. No. S10G0459.Supreme Court of Georgia. DECIDED JUNE 28, 2010. CARLEY, Presiding Justice. Covington Square Associates, LLC (Covington) leased space in a shopping center to Ingles Markets, Inc. (Ingles). After selling the shopping center in 2004, Covington brought suit against Ingles for damages allegedly resulting […]

30 S.E.2d 248 CROSBY v. ROGERS. 14848.Supreme Court of Georgia. MAY 4, 1944. 1. Exceptions to the allowance of testimony which show that no grounds of objection were urged at the trial, are insufficient to raise any question for decision. Grounds or reasons why such evidence should have been repelled, set forth and urged for […]

701 S.E.2d 156 IN THE MATTER OF WILLIAM F. HINESLEY III (three cases). No.S10Y0109, S10Y0268, S10Y0269.Supreme Court of Georgia. DECIDED OCTOBER 4, 2010. PER CURIAM. These matters are before the Court on three Notices of Discipline filed by the State Bar against Respondent William F. Hinesley III (State Bar No. 356360) charging him with violating […]

695 S.E.2d 579 SANFORD v. THE STATE. No. S10A0148.Supreme Court of Georgia. DECIDED MAY 17, 2010. RECONSIDERATION DENIED JUNE 28, 2010. HINES, Justice. A jury found Otis Sanford guilty of malice murder, felony murder, aggravated assault with a deadly weapon, and possession of a firearm during the commission of a felony in connection with the […]

357 S.E.2d 792 GAMBLE v. THE STATE. 44286.Supreme Court of Georgia. DECIDED JULY 9, 1987. RECONSIDERATION DENIED JULY 30, 1987. GREGORY, Justice. Willie Gamble, Jr., was convicted in Emanuel County on two counts of murder and sentenced to death. Gamble, who is black, was tried by an all-white jury after the prosecutor used his ten […]

469 S.E.2d 165 IN THE MATTER OF WEYMAN E. CANNINGTON, JR. S95Y0778.Supreme Court of Georgia. DECIDED APRIL 29, 1996. PER CURIAM. Two former clients of respondent filed separate grievances with the State Bar of Georgia, complaining about the manner in which Respondent Weyman E. Cannington, Jr., handled their cases. In each case, the Investigative Panel […]

17 S.E.2d 545 PHARIS et al. v. PERRY, administrator. 13929.Supreme Court of Georgia. NOVEMBER 11, 1941. Since there were surviving first cousins of the intestate as his next of kin, second cousins had no interest in the estate, and could not be heard to defend against or object to a proceeding by the administrator for […]

82 S.E.2d 143 BALL, Chief of Police, et al. v. PEAVY. 18559.Supreme Court of Georgia.ARGUED APRIL 13, 1954. DECIDED MAY 11, 1954. Section 4 of the act providing for and establishing a new charter for the City of Waycross (Ga. L. 1909, pp. 1456, 1461), which extends its jurisdictional limits for police and sanitary purposes […]

24 S.E.2d 312 BROWN v. THE STATE. 14443.Supreme Court of Georgia. FEBRUARY 11, 1943. 1. The court is not bound to charge in the exact language of the request; and a new trial will not be granted for refusing to charge as requested, when the charge given substantially covers the request, which request was not […]

604 S.E.2d 462 GERISCH v. MEADOWS. S04A1071.Supreme Court of Georgia. DECIDED OCTOBER 25, 2004. RECONSIDERATION DENIED NOVEMBER 22, 2004. THOMPSON, Justice. We granted a certificate of probable cause to appeal in this habeas corpus action to determine whether Keith Edwain Gerisch was denied constitutionally effective assistance of trial counsel in connection with Gerisch’s guilty plea […]

494 S.E.2d 338 IN THE MATTER OF LORETTA YVETTE LYLES S98Y0076.Supreme Court of Georgia. DECIDED JANUARY 12, 1998. PER CURIAM. The Investigative Panel of the State Disciplinary Board directed the Office of General Counsel, State Bar of Georgia, to issue a Notice of Discipline imposing disbarment against Loretta Yvette Lyles pursuant to Bar Rule 4-208.1. […]

10 S.E.2d 843 ELLIOTT et al. v. THE STATE. 13410.Supreme Court of Georgia. SEPTEMBER 25, 1940. 1. Where the testimony of the injured female makes a case of rape, the jury is the sole judge of her credibility; and although she made no outcry and failed for nine days to make known the fact that […]

667 S.E.2d 253 IN THE MATTER OF KEINO DWAN CAMPBELL. No. S08Y0599.Supreme Court of Georgia. DECIDED OCTOBER 6, 2008. PER CURIAM. This disciplinary matter is before the Court pursuant to the Notice of Discipline filed by the State Bar alleging that Keino Dwan Campbell violated Rules 5.5, 8.4 (a) (4), and 9.3 of the Georgia […]

540 S.E.2d 196 ALEXANDER v. THE STATE. S00A1600.Supreme Court of Georgia. DECIDED: JANUARY 8, 2001. SEARS, Justice. Appellant Willie Alexander appeals from his conviction for malice murder and resulting life sentence.[1] Having reviewed the record, we conclude that the State did not, as appellant claims, strike prospective jurors upon the basis of their race. We […]

577 S.E.2d 771 IN THE MATTER OF LYNN J. BARRETT S03Y0298.Supreme Court of Georgia. Decided February 24, 2003 PER CURIAM. This disciplinary matter is before the Court pursuant to a Notice of Discipline filed by the State Bar alleging that Respondent Lynn J. Barrett violated Rules 8.4, 9.3 and 9.4 of the Georgia Rules of […]

24 S.E.2d 660 J. R. WATKINS CO. v. FARMERS FERTILIZER CO. 14411.Supreme Court of Georgia. MARCH 9, 1943. 1. Where the equity of redemption in land on which there is an outstanding security deed, which is itself junior to a prior recorded judgment, is set aside to a widow as a year’s support, the year’s […]

436 S.E.2d 655 MACON TELEGRAPH PUBLISHING COMPANY v. TATUM. S93G1065.Supreme Court of Georgia. DECIDED DECEMBER 2, 1993. RECONSIDERATION DENIED DECEMBER 17, 1993. FLETCHER, Justice. This court granted the writ of certiorari to consider whether the First Amendment prohibits a newspaper from being punished for publishing the name of a sexual assault victim in violation of […]

154 S.E.2d 587 HUNNICUTT v. SANDISON. 24005.Supreme Court of Georgia.SUBMITTED MARCH 14, 1967. DECIDED APRIL 6, 1967. REHEARING DENIED APRIL 20, 1967. 1. The agreement between the parties, which was made the judgment of the court in the divorce decree, provided for the custody of the minor son of the parties by the appellee under […]

524 S.E.2d 229 GOODE et al. v. MOUNTAIN LAKE INVESTMENTS, L.L.C., et al. S99A0710.Supreme Court of Georgia. DECIDED: NOVEMBER 22, 1999. SEARS, Justice. This is an equity case in which appellants David, Marjorie, and James Goode contend that the trial court granted inadequate equitable relief in their action against appellee Mountain Lake Investments, L.L.C. (“MLI”). […]

415 S.E.2d 285 WILLIAMS et al. v. TRITT et al. S92A0076.Supreme Court of Georgia. DECIDED APRIL 17, 1992. FLETCHER, Justice. A general partner sued another general partner and an investment corporation for breach of fiduciary duty, violations of the Uniform Partnership Act, and breach of federal loan and management agreements. He sought an accounting, dissolution, […]

514 S.E.2d 422 NATIONAL HEALTH NETWORK, INC. v. FULTON COUNTY et al. DEKALB COUNTY et al. v. BRIAN REALTY CORPORATION. S98G0155, S98G0408.Supreme Court of Georgia. DECIDED: MARCH 15, 1999. — RECONSIDERATION DENIED APRIL 1, 1999. FLETCHER, Presiding Justice. The property owners in these cases both filed an action seeking a property tax refund under OCGA […]

230 S.E.2d 869 JOHNSON v. THE STATE. 31575.Supreme Court of Georgia.ARGUED OCTOBER 13, 1976. DECIDED DECEMBER 1, 1976. HALL, Justice. Johnson was convicted by a jury on two counts of armed robbery and sentenced to thirteen years on each count. He appeals. A previous trial on these charges resulted in a mistrial because of the […]

228 S.E.2d 863 JOHNSON v. SAVANNAH TRIBUNE, INC. 31105.Supreme Court of Georgia.ARGUED MAY 10, 1976. DECIDED SEPTEMBER 8, 1976. GUNTER, Justice. Plaintiff-appellant sought below to enjoin the defendant-appellee from using the name Savannah Tribune. Appellee’s motion for a summary judgment was granted, and the appellant has come here for review. The appellant was the owner […]

306 S.E.2d 921 TURNER v. EVANS et al. 39967.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1983. REHEARING DENIED OCTOBER 4, 1983. BELL, Justice. The United States Court of Appeals for the Eleventh Circuit has certified the following question to this court: “Does Georgia law require a person confined (in a jail or prison) at the […]

407 S.E.2d 747 KAPLAN et al. v. HELTON et al. S91A0619.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1991. WELTNER, Justice. 1. A dispute concerning the property rights of condominium owners and the obligations of the owners of an adjacent parking lot was resolved by the trial court.[1] Page 525 2. We affirm under the authority […]

627 S.E.2d 21 PATEL v. PATEL et al. S06A0342.Supreme Court of Georgia. DECIDED FEBRUARY 27, 2006. CARLEY, Justice. This appeal arises from a dispute in connection with the purchase of a franchise restaurant. Appellees are two brothers, Kishan and Rashmikant Patel, and their sister Jayshreeben Patel. The brothers obtained a loan for $695,000, but about […]

393 S.E.2d 235 TELECOM*USA, INC. v. COLLINS et al. BIBB COUNTY BOARD OF TAX ASSESSORS v. TELECOM*USA, INC. COLONIAL PIPELINE COMPANY v. COLLINS et al. BARTOW COUNTY BOARD OF TAX ASSESSORS v. COLONIAL PIPELINE COMPANY. PLANTATION PIPE LINE COMPANY v. COLLINS et al. BIBB COUNTY BOARD OF TAX ASSESSORS v. PLANTATION PIPE LINE COMPANY. S90A0558, […]

714 S.E.2d 581 THE STATE v. OUTER. No. S10G1596.Supreme Court of Georgia. DECIDED JUNE 27, 2011. RECONSIDERATION DENIED JULY 21, 2011. HINES, Justice. This Court granted a writ of certiorari to the Court of Appeals in State v. Outen, 304 Ga. App. 203 (695 S.E.2d 654) (2010), in which that Court affirmed the grant of […]

124 S.E.2d 275 CORDELE BANKING COMPANY v. POWERS. 21529.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1962. DECIDED FEBRUARY 8, 1962. 1. In construing a power of sale contained in a deed to secure debt, the words employed to express the intention of the parties will be given their ordinary signification, and where the language of the […]

522 S.E.2d 459 LINDSEY v. THE STATE. S99A1000.Supreme Court of Georgia. DECIDED: OCTOBER 18, 1999 HUNSTEIN, Justice. Appellant Lorenzo Dexter Lindsey was convicted of malice murder, felony murder, aggravated assault, criminal damage to property and possession of a firearm during the commission of a crime arising from the shooting death of Rosa Barnes and wounding […]

104 S.E.2d 573 SOUTHLAND ICE CO., INC. v. McCOLLUM, Commissioner c. of Cobb County, et al. LITTLE v. BRAMLETT et al., Mayor c. of City of Marietta. TOWNSEND et al. v. McCOLLUM, Commissioner c. of Cobb County, et al. 20083, 20084, 20085.Supreme Court of Georgia.ARGUED JUNE 9, 1958. DECIDED JULY 11, 1958. REHEARING DENIED JULY […]

398 S.E.2d 7 GLASS et al. v. CARNES et al. (two cases). CHARLOCK INVESTMENTS (USA), INC. v. CARNES et al. S90A0678, S90A0771. S90A0679.Supreme Court of Georgia. DECIDED NOVEMBER 21, 1990. RECONSIDERATION DENIED DECEMBER 19, 1990. FLETCHER, Justice. This is a continuation of Carnes v. Charlock Investments (USA), Inc., 258 Ga. 771 (373 S.E.2d 742) (1988). […]

397 S.E.2d 297 IN THE MATTER OF JIM L. WILSON. SUPREME COURT DISCIPLINARY NO. 619Supreme Court of Georgia. DECIDED SEPTEMBER 27, 1990. PER CURIAM. On February 16, 1988, Jim L. Wilson was suspended from the practice of law following his conviction of crimes involving moral turpitude, and pending the disposition of his appeal from those […]

30 S.E.2d 911 SPARKS v. BELL, administrator, et al. 14889.Supreme Court of Georgia.JULY 6, 1944. REHEARING DENIED JULY 18, 1944. 1. The trial judge did not abuse his discretion in refusing to continue the case. 2. The plaintiff having failed to prove her case as laid, it was not erroneous to grant a nonsuit. No. […]

242 S.E.2d 597 FETZER v. FETZER. 33260.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1978. DECIDED FEBRUARY 28, 1978. BOWLES, Justice. The appellee filed a complaint, pursuant to Code Ann. § 30-220, to modify and increase child support payments awarded to her in a separation agreement entered into by the parties, and incorporated into a final Page […]

86 S.E.2d 311 ATLANTIC COAST LINE RAILROAD COMPANY et al. v. GODARD, executrix. 18820.Supreme Court of Georgia.ARGUED JANUARY 10, 1955. DECIDED FEBRUARY 16, 1955. 1. The allegations of the petition set out circumstances, known to the defendants, from which the defendants might reasonably have foreseen the danger to their employees of a criminal attack by […]

46 S.E.2d 138 WIMBUSH, administratrix, et al. v. LYONS. 16015.Supreme Court of Georgia. JANUARY 15, 1948. BELL, Justice. May Bell Wimbush sued Metropolitan Life Insurance Company and Edna Mary Lyons, alias Edna M. Wimbush, to recover against the company on a life-insurance policy and to enjoin payment of the policy to the other defendant. The […]

146 S.E.2d 880 WOOD v. KNIGHT. 23218.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1965. DECIDED JANUARY 10, 1966. REHEARING DENIED FEBRUARY 2, 1966. 1. In this habeas corpus case involving the custody of minor children it was error for the trial judge to consider the terms of an agreement entered into between the parties prior to […]

34 S.E.2d 443 RIMES v. GRAHAM et al. 15146.Supreme Court of Georgia. MAY 10, 1945. REHEARING DENIED JUNE 7, 1945. The evidence in this case was insufficient to establish the fact that a passenger automobile sold to a widow was a necessity of life, so as to make funds set aside to her and her […]

155 S.E.2d 404 WOODSIDE v. FULTON COUNTY et al. FULTON COUNTY et al. v. WOODSIDE et al. 23932, 23933.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1967. DECIDED APRIL 6, 1967. REHEARING DENIED MAY 4, 1967. 1. (a) A condemnation award, upon becoming final, is conclusive as to all damages whether foreseen or not resulting from proper […]

150 S.E.2d 805 HERRINGTON v. THE CHURCH OF THE LORD JESUS CHRIST et al. 23561.Supreme Court of Georgia.ARGUED JUNE 15, 1966. DECIDED SEPTEMBER 19, 1966. REHEARING DENIED SEPTEMBER 22 AND SEPTEMBER 29, 1966. 1. The petitioner showed good record title for a period of 40 years. 2. The defendant First Apostolic Church, Inc., did not […]

39 S.E.2d 313 SMITH v. THE STATE. 15540.Supreme Court of Georgia. SEPTEMBER 4, 1946. JENKINS, Presiding Justice. This case falls clearly within the recognized rule that the Court of Appeals and not the Supreme Court has jurisdiction of cases “which involve mere application of unquestioned and unambiguous provisions of the Constitution to a given state […]

12 S.E.2d 305 DURDEN v. DURDEN. 13401.Supreme Court of Georgia. DECEMBER 3, 1940. REHEARING DENIED DECEMBER 13, 1940. 1. Judgment granting alimony was not void for want of jurisdiction of the subject-matter. Previous rulings are not in conflict. 2. Error in sustaining plea in bar, and adjudging defendant not in contempt in non-payment of alimony. […]

249 S.E.2d 54 GRIFFITH v. FEDERAL DEPOSIT INSURANCE CORPORATION. 33795.Supreme Court of Georgia.ARGUED JULY 12, 1978. DECIDED OCTOBER 17, 1978. MARSHALL, Justice. The plaintiff, Doyle G. Griffith, as purchaser, and the defendant, Federal Deposit Insurance Corporation (FDIC), as seller, entered into a contract on November 16, 1976, for the sale of a home in Mainstreet […]

197 S.E.2d 361 PEPPERS v. McCANNON. JENNINGS v. PRESSLEY. 27641, 27679.Supreme Court of Georgia.SUBMITTED JANUARY 8, 1973. DECIDED APRIL 13, 1973. GUNTER, Justice. These two appeals result from the decision of this court in 1971 in the case of Pressley v. Jennings, 227 Ga. 366 (188 S.E.2d 896) (1971). This court affirmed the judgment of […]

347 S.E.2d 585 ABDALLA v. REAGIN ENTERPRISES, INC. 43591.Supreme Court of Georgia. DECIDED SEPTEMBER 3, 1986. GREGORY, Justice. Michael J. Abdalla brought suit to set aside a deed to Reagin Enterprises, Inc. The trial court granted summary judgment to Reagin. We affirm. In a complex three-party transaction, William and Jane Irvin conveyed the land in […]

199 S.E.2d 223 PICKETT et al. v. PAINE. 27636.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1973. DECIDED JUNE 21, 1973. REHEARING DENIED JULY 12, 1973. HAWES, Justice. This action was originally commenced when Leon Paine, as sole minority shareholder and former officer of the corporations, Pico, Inc., and Calero, Inc., filed a complaint against Roscoe Pickett, […]

695 S.E.2d 13 RANK v. RANK. No. S10F0032.Supreme Court of Georgia. DECIDED MAY 3, 2010. NAHMIAS, Justice. The trial court conducted a final hearing in the Ranks’ divorce case on March 18, 2009. During the hearing and two long recesses, the Ranks resolved all issues by agreement, as explained on the record, except responsibility for […]

8 S.E.2d 648 ARRINGTON v. AWBREY. 13245.Supreme Court of Georgia. APRIL 11, 1940. 1. Grounds of a motion for a new trial complaining of the admission or rejection of evidence should show, in order to be complete, the name of the witness whose testimony was admitted or rejected; and in the absence of such showing, […]

168 S.E.2d 166 SOUTHERN RAILWAY COMPANY v. OVERNITE TRANSPORTATION COMPANY. 25112.Supreme Court of Georgia.ARGUED APRIL 16, 1969. DECIDED MAY 8, 1969. REHEARING DENIED MAY 22, 1969. UNDERCOFLER, Justice. When this case was here previously, we affirmed the judgment of the trial court and held that Code Ann. § 114-403 (Ga. L. 1963, pp. 141, 145) […]

139 S.E.2d 395 RIVES v. ATLANTA NEWSPAPERS, INC. 22674.Supreme Court of Georgia.ARGUED OCTOBER 12, 1964. DECIDED NOVEMBER 23, 1964. REHEARING DENIED DECEMBER 15, 1964. Where a suit for damages based upon alleged newspaper libel shows that the main office of the publisher is in another county and the papers were transported to Polk County where […]

24 S.E.2d 779 JONES et al. v. PROCTOR et al. 14472.Supreme Court of Georgia. MARCH 11, 1943. Courts of equity have concurrent jurisdiction with courts of ordinary in the administration of the estates of deceased persons in all cases where equitable interference is necessary or proper for the full protection of Page 608 the parties […]

40 S.E.2d 661 CHANDLER v. RANEY et al. 15633.Supreme Court of Georgia. NOVEMBER 14, 1946. The trial court did not err in striking the defendant’s amendment, which was insufficient to set up a legal defense to the plaintiffs’ action; and the evidence being sufficient to support the verdict for the plaintiffs, and the special grounds […]

377 S.E.2d 837 TERRY v. THE STATE. 46512.Supreme Court of Georgia. DECIDED APRIL 6, 1989. MARSHALL, Chief Justice. The appellant in this case, Michael Devern Terry, a/k/a James Potts, was indicted in a six-count indictment charging him with a series of six murders, occurring between the dates of December 6, 1985, and October 20, 1986.[1] […]

233 S.E.2d 363 SPENCE v. THE STATE. 31880.Supreme Court of Georgia.ARGUED JANUARY 25, 1977. DECIDED FEBRUARY 22, 1977. HALL, Justice. This is an appeal from the denial of an extraordinary motion for new trial filed by Spence two years after his murder conviction, on the ground that he had just learned that the jury foreman […]

353 S.E.2d 508 SPARKS v. SPARKS. 43597.Supreme Court of Georgia. DECIDED MARCH 12, 1987. BELL, Justice. This granted discretionary appeal concerns the issue of whether the former husband is barred from seeking an equitable division of the parties’ marital residence, which was acquired during the marriage, because he transferred title to the wife for the […]

515 S.E.2d 384 DOBBS v. DOBBS. S99A0227.Supreme Court of Georgia. DECIDED: APRIL 12, 1999. THOMPSON, Justice. The issues for decision in this appeal are whether the trial court erred in ordering specific performance of an oral contract for the sale of land, and concluding that appellant had not acquired a prescriptive easement in the driveway […]

642 S.E.2d 640 COLLUM v. THE STATE. No. S06A2000.Supreme Court of Georgia. DECIDED MARCH 19, 2007. HUNSTEIN, Presiding Justice. Appellant Darrell Thomas Collum was convicted of malice murder, two counts of felony murder, and one count of cruelty to children for the beating death of Jacob Rhodes, the 20-month-old son of his girlfriend and co-defendant, […]

225 S.E.2d 48 RIGBY v. POWELL et al. 30896.Supreme Court of Georgia.SUBMITTED MARCH 5, 1976. DECIDED APRIL 20, 1976. UNDERCOFLER, Presiding Justice. This case was previously in this court on the grant of appellees’ motion to dismiss and summary judgment. This court reversed that judgment because there were material issues of fact for determination. Rigby […]

626 S.E.2d 475 ENGLISH v. RICART. S05A1858.Supreme Court of Georgia. DECIDED FEBRUARY 13, 2006. MELTON, Justice. In this case, we are asked to consider whether the probate court erred by finding that Beatrice Ricart, who married Robert English (“Decedent”) a number of years following his execution of a will which did not contemplate their marriage, […]

290 S.E.2d 40 ANDERSON v. THE STATE. 38379.Supreme Court of Georgia. DECIDED APRIL 6, 1982. HILL, Presiding Justice. The defendant, Willie Anderson, was convicted of murdering Wilbert Mozee and was sentenced to life imprisonment. The state’s evidence authorized the jury to find that on October 18, 1979, the victim and Teresa Wallace, the defendant’s former […]

377 S.E.2d 858 BINION v. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF MILLEDGEVILLE. 46539.Supreme Court of Georgia. DECIDED APRIL 6, 1989. GREGORY, Justice. The parties are contiguous landowners. In 1974, appellee began construction of an office building on its property. In March 1975, while the building was still under construction, appellant wrote appellee that appellee’s building […]

78 S.E.2d 508 HARBUCK v. HARBUCK. 18384.Supreme Court of Georgia.ARGUED OCTOBER 13, 1953. DECIDED NOVEMBER 12, 1953. CANDLER, Justice. Alleging cruel treatment as her ground therefor, Mrs. Harbuck sued her husband, C. B. Harbuck, for divorce and for temporary and permanent alimony both for herself and their minor child. She also prayed for custody of […]

361 S.E.2d 798 MALAK v. McGINNIS et al. (two cases). 44838, 44839.Supreme Court of Georgia. DECIDED NOVEMBER 4, 1987. RECONSIDERATION DENIED NOVEMBER 24, 1987. GREGORY, Justice. In January 1985 the appellant purchased approximately thirty-nine acres of land from the appellees. Appellant made a down payment on the property and executed a promissory note and deed […]

299 S.E.2d 44 MILLER et al. v. THE STATE. 39126.Supreme Court of Georgia. DECIDED JANUARY 4, 1983. HILL, Chief Justice. The Court of Appeals has certified to us the following questions: “Since [Code Ann.] § 26-9908a is in direct conflict with [Code Ann.] § 26-506 (a) and prior decisions of the Supreme Court: “(1) Is […]

217 S.E.2d 285 STEELMAN v. FOWLER; and vice versa. 29995, 29996.Supreme Court of Georgia.ARGUED JUNE 9, 1975. DECIDED JULY 1, 1975. UNDERCOFLER, Presiding Justice. Sueann Steelman, a nonresident of Georgia, filed an action on February 7, 1975, for contempt against her former husband for failure to allow the visitation privileges awarded to her by a […]

448 S.E.2d 191 BOWLES v. ASKEW et al. S94A0984.Supreme Court of Georgia. DECIDED OCTOBER 3, 1994. RECONSIDERATION DENIED OCTOBER 6, 1994. SEARS-COLLINS, Justice. Appellant John C. Bowles took but did not pass the July 1993 attorneys’ examination for admission to the practice of law in Georgia. See Rules Governing Admission to the Practice of Law […]

38 S.E.2d 295 CAMPBELL v. GREGORY. 15435.Supreme Court of Georgia.APRIL 3, 1946. REHEARING DENIED MAY 10, 1946. Ordinarily actual possession under a recorded deed of a portion of several tracts or lots of land which are all contiguous and lie in one body will extend by construction so as to include the entire premises conveyed. […]

64 S.E.2d 890 WILLIAMS et. al. v. O’CONNOR et al. 17404.Supreme Court of Georgia.SUBMITTED FEBRUARY 12, 1951. DECIDED APRIL 9, 1951. REHEARING DENIED MAY 16, 1951. 1. Under the act of 1941 (Ga. L. 1941, pp. 487-489), the deed to secure debt upon which the plaintiffs rely in this common-law suit in ejectment should have […]

628 S.E.2d 375 STROUP v. STROUP. S05F1377Supreme Court of Georgia. DECIDED: FEBRUARY 13, 2006 PER CURIAM. The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59. Judgment affirmed without opinion. All the Justices concur.

261 S.E.2d 334 SOMERS v. AVANT. 35044.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED OCTOBER 16, 1979. HILL, Justice. Defendant Shelley executed a note and deed to secure debt to Southern Syndicate, Inc., for the purchase of real property. Shelley later transferred the property to Eubanks by warranty deed. This deed was “made subject to” […]

42 S.E.2d 445 MILLER v. STEWART. 15729.Supreme Court of Georgia. APRIL 16, 1947. CANDLER, Justice. B. S. Miller filed a petition for injunction in Marion County Superior Court against Mrs. Helen Stewart, in which he alleged that “he owns lot of land No. 15 of the subdivision of the Ruskin Farm Property as per plat […]

685 S.E.2d 266 KAUTTER v. KAUTTER. No. S09F0958.Supreme Court of Georgia. DECIDED OCTOBER 19, 2009. HUNSTEIN, Chief Justice. Appellee Terrie Kautter (“Wife”) filed a petition for divorce in December 2003 after 22 years of marriage to appellant Karlheinz Kautter (“Husband”) in which she sought equitable division of the marital property and attorney fees. In April […]

168 S.E.2d 146 RICHARDSON et al. v. STRICKLAND. 25183.Supreme Court of Georgia.ARGUED MAY 13, 1969. DECIDED MAY 22, 1969. DUCKWORTH, Chief Justice. This case involves a suit to vacate a judgment awarding property by a year’s support proceeding in Georgia because it was based upon fraud in that the alleged widow had been divorced from […]

615 S.E.2d 118 MASTERS v. REDWINE. S04G1992.Supreme Court of Georgia. DECIDED JUNE 16, 2005. FLETCHER, Chief Justice. We granted certiorari to determine whether Fred Masters presented sufficient evidence of his real estate contract with David Redwine to justify specific performance of that contract. The Whitfield County Superior Court jury found in favor of Masters, but […]