Category: Georgia Supreme Court Opinions

580 S.E.2d 661 TRAMMEL v. BRYANT. A03A0768.Court of Appeals of Georgia. Decided April 2, 2003 SMITH, Chief Judge. Melanie Trammel appeals from the trial court’s order granting a writ of possession to George Bryant. No transcript of the proceedings below appears in the record, and it is well settled that when no transcript is included […]

601 S.E.2d 116 LOPEZ v. THE STATE. MEJIA v. THE STATE. A04A0338, A04A0339.Court of Appeals of Georgia. DECIDED MAY 21, 2004. MILLER, Judge. In a joint jury trial, Ubence Lopez a/k/a Ramon Maisoney Rodriguez and Francisco Mejia were both convicted of trafficking in cocaine. After filing unsuccessful motions for a new trial, Lopez and Mejia […]

320 S.E.2d 214 MERR ENTERPRISES, INC. v. ABBOTT FOODS OF GEORGIA, INC. 67780.Court of Appeals of Georgia. DECIDED JUNE 18, 1984. REHEARING DENIED JULY 3, 1984. POPE, Judge. Appellee Abbott Foods of Georgia, Inc. brought this action against appellant MERR Enterprises, Inc. seeking recovery of $39,500 allegedly due as the result of certain financial transactions […]

254 S.E.2d 491 BELANGER v. GENERAL ACCIDENT GROUP et al. 57182.Court of Appeals of Georgia.ARGUED FEBRUARY 5, 1979. DECIDED MARCH 13, 1979. REHEARING DENIED MARCH 28, 1979. UNDERWOOD, Judge. This is an appeal from an order of the Superior Court of DeKalb County remanding this proceeding back to the State Board of Workers’ Compensation for […]

32 S.E.2d 408 PARKER v. GILES. 30597.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1944. 1. Where a demurrer to a petition in a suit on an account was made, and, on the hearing, the court entered an order that, “the oral demurrer and motion coming on for a hearing, the same is sustained with […]

325 S.E.2d 620 THE STATE v. CRAPSE. CRAPSE v. THE STATE (two cases). 68838. 68962, 68963.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1984. REHEARINGS DENIED DECEMBER 17, 1984. SOGNIER, Judge. Pursuant to OCGA § 5-7-1, the State appeals the order of the Superior Court of Chatham County dismissing ten of eleven indictments against Crapse […]

57 S.E.2d 623 McWILLIAMS v. HEMINGWAY, trustee, et al. 32877.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1950. Since money to which the debtor has only the right of possession rather than the actual possession is a chose in action, and since a judgment creates no lien on a chose in action, but attaches by […]

238 S.E.2d 738 FOSTER et al. v. BROWN TRANSPORT CORPORATION. 54432.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1977. DECIDED SEPTEMBER 30, 1977. DEEN, Presiding Judge. Corbin v. Liberty Mut. Ins. Co., 117 Ga. App. 823 (162 S.E.2d 226) offers an excellent compendium of cases citing the general rule that injuries to employees while going to […]

233 S.E.2d 802 GOODMAN v. PIEDMONT HOSPITAL, INC. 53270.Court of Appeals of Georgia.ARGUED JANUARY 18, 1977. DECIDED FEBRUARY 1, 1977. REHEARING DENIED MARCH 9, 1977. SMITH, Judge. The evidence in the present case was sufficient to make a jury issue as to whether the doctor, who treated and advised the complainant in the emergency room […]

109 S.E.2d 864 STATE DEPARTMENT OF REVENUE v. McCRAY et al. 37710.Court of Appeals of Georgia. DECIDED JUNE 26, 1959. JUDGMENT ADHERED TO ON REHEARING JULY 23, 1959. FELTON, Chief Judge. The longest time a party has from the date a bill of exceptions is returned to him for correction or completion during which he […]

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 […]

243 S.E.2d 683 ACKER v. CORINTHIAN CONDOMINIUM CORPORATION et al. 54962.Court of Appeals of Georgia.ARGUED JANUARY 16, 1978. DECIDED MARCH 14, 1978. BIRDSONG, Judge. Appellant Acker brings this appeal from an order of the trial court entering judgment in favor of the appellees Bowen and Lemmons. The case involves the construction of a contract of […]

388 S.E.2d 5 SHANK v. PHILLIPS. A89A1298.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1989. REHEARING DENIED NOVEMBER 6, 1989. POPE, Judge. Plaintiff Bobby Lee Shank was employed as assistant store manager of the Wal-Mart store in Douglasville. He requested one of the store employees, 16-year-old Michael Phillips, to use the pick-up truck his father […]

538 S.E.2d 521 GRIFFETH v. GRIFFIN et al. A00A1060.Court of Appeals of Georgia. DECIDED: AUGUST 21, 2000. ANDREWS, Presiding Judge. The sole issue before us in this appeal is whether the superior court erred in approving and adopting a special master’s order denying as untimely defendant William Griffeth, Jr.’s demand for a jury trial. Because […]

326 S.E.2d 558 THE STATE v. MARTIN (two cases). 69184, 69185.Court of Appeals of Georgia. DECIDED JANUARY 29, 1985. BENHAM, Judge. On September 16, 1982, appellees were tried by a jury and convicted of shoplifting and obstruction of an officer in Laurens County. This court reversed the shoplifting convictions since the accusations did not allege […]

441 S.E.2d 507 BICE v. THE STATE (two cases). A93A1613, A93A2227.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1994. COOPER, Judge. Appellant pled guilty to two counts of violating the Georgia Controlled Substances Act. After the trial court imposed sentence of eight years with three to serve and the balance probated, appellant orally moved to […]

11 S.E.2d 416 McKENNON v. THE STATE. 28362.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1940. When not made freely and voluntarily a confession is presumed to be legally false, and can not be the underlying basis of a conviction. The failure to object to such evidence does not give it probative value where it […]

285 S.E.2d 22 GREYHOUND LINES, INC. v. WALKER; and vice versa. 62148, 62149.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1981. REHEARING DENIED SEPTEMBER 25, 1981. BIRDSONG, Judge. Robin Walker, a 20-year-old college student, legally blind from time of birth, purchased a bus ticket from the appellant Greyhound Lines authorizing her travel from Atlanta to […]

637 S.E.2d 213 HABERSHAM OAKS ASSOCIATES LIMITED PARTNERSHIP et al. v. STORY. PELHAM PROPERTIES, INC. et al. v. STORY. WORKING SOLUTIONS, INC. et al. v. STORY. Nos. A06A1507, A06A1508, A06A1509.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 2006. JOHNSON, Presiding Judge. These cases arise out of the sale of a condominium unit which developed a […]

571 S.E.2d 198 ELLIS v. THE STATE. A02A1217.Court of Appeals of Georgia. Decided September 17, 2002. RUFFIN, Presiding Judge. A jury found Rodrik Ellis guilty of aggravated assault, aggravated stalking, and possession of a firearm during the commission of a crime. On appeal, Ellis challenges the sufficiency of the evidence. He also asserts the trial […]

644 S.E.2d 339 IN THE INTEREST OF E. G., a child. No. A06A1944.Court of Appeals of Georgia. DECIDED MARCH 27, 2007. BARNES, Chief Judge. The mother of E. G. appeals the termination of her parental rights. On appeal, she argues that there was no clear and convincing evidence of parental misconduct or inability, there was […]

360 S.E.2d 644 HALLFORD v. KELLEY et al. 74909.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1987. DEEN, Presiding Judge. Appellant Linda Hallford’s husband was an employee of appellee Slash Pine Electric Membership Corporation, of which appellee Kelley was general manager. Approximately one year previous to the time of the incident which gave rise to […]

524 S.E.2d 542 WALLACE et al. v. NISSAN OF UNION CITY, INC. A99A0791.Court of Appeals of Georgia. DECIDED: NOVEMBER 3, 1999. SMITH, Judge. Lamar E. Wallace and his wife, Mary L. Wallace, (collectively “Wallace”) sued Nissan of Union City, Inc. (“Nissan”) for Lamar Wallace’s injuries and for Mary Wallace’s loss of consortium after Lamar Wallace […]

274 S.E.2d 818 MILLER v. THE STATE. 60607.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 10, 1980. DECIDED NOVEMBER 14, 1980. SOGNIER, Judge. Appellant was convicted of burglary and filed a motion for new trial. The trial court denied the motion and Miller appeals. Appellant contends that the trial court erred in denying his Page 470 motion […]

341 S.E.2d 250 WANLESS v. WINNER’S CORPORATION. 71525.Court of Appeals of Georgia. DECIDED JANUARY 31, 1986. REHEARING DENIED FEBRUARY 12, 1986. McMURRAY, Presiding Judge. This lawsuit arises from an automobile collision which occurred on March 24, 1983, in Snellville, Georgia. Plaintiff Shirley Elizabeth Wanless, a seven-week-old infant, was severely injured in the collision. (Plaintiff subsequently […]

619 S.E.2d 797 WILLBANKS et al. v. SUGARLOAF CAFÉ, INC. A03A2180.Court of Appeals of Georgia. DECIDED AUGUST 12, 2005. BERNES, Judge. In Sugarloaf Café v. Willbanks, 279 Ga. 255 (612 SE2d 279) (2005), the Supreme Court of Georgia reversed the judgment of this Page 96 Court in Willbanks v. Sugarloaf Café, 266 Ga. App. 426 […]

537 S.E.2d 103 JAMES v. SAFARI ENTERPRISES, INC. A00A0848.Court of Appeals of Georgia. DECIDED: JULY 6, 2000 POPE, Presiding Judge. The sole issue in this case is whether the statute of frauds applies to the parties’ non-judicial foreclosure sale. We conclude that it does apply under the facts of this case, and reverse the trial […]

391 S.E.2d 8 GRAYSON HOLLINGSWORTH, INC. v. C. HENNING STUDIOS, INC. A89A2290.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1990. REHEARING DENIED FEBRUARY 15, 1990. BANKE, Presiding Judge. The appellee, C. Henning Studios, Inc., sued the appellant, Grayson Hollingsworth, Inc., a Texas corporation, seeking to recover damages for breach of contract. Copies of the complaint […]

50 S.E.2d 850 CARPENTER v. LYONS et al. 32241.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1948. 1. This court will not consider and rule upon a matter which was not ruled upon by the trial court, and which was not a part of the record when the judgment complained of was rendered. 2. (a) […]

262 S.E.2d 643 KLEM v. SOUTHEAST CERAMICS, INC. 58009.Court of Appeals of Georgia.SUBMITTED JUNE 12, 1979. DECIDED OCTOBER 2, 1979. REHEARING DENIED OCTOBER 18, 1979. SMITH, Judge. Appellant Klem has previously raised before this court the same issue he now raises. See Klem v. Southeast Ceramics, 150 Ga. App. 82 (256 S.E.2d 628) (1979). That […]

325 S.E.2d 428 RAGSDALE v. AIRBORNE FREIGHT CORPORATION. 68929.Court of Appeals of Georgia. DECIDED NOVEMBER 28, 1984. REHEARING DENIED DECEMBER 12, 1984. SOGNIER, Judge. Technical Plastics Services, Inc. (TPS) brought this action against Airborne Freight Corporation (Airborne) for breach of contract, negligence and fraud based on Airborne’s failure to timely deliver its government bid to […]

371 S.E.2d 885 CAMARATA v. THE STATE. 76852.Court of Appeals of Georgia. DECIDED JULY 6, 1988. REHEARING DENIED JULY 26, 1988. DEEN, Presiding Judge. Appellant Camarata was observed operating a vehicle in an erratic manner. He was arrested and agreed to have his blood and urine tested for the presence of alcohol or other drugs. […]

317 S.E.2d 648 THE STATE v. FINKELSTEIN. 67635.Court of Appeals of Georgia. DECIDED APRIL 2, 1984. SOGNIER, Judge. The trial court in this case granted a motion to dismiss Count 1 of the indictment, which alleged criminal damage to property without the owner’s consent. When the state refused to proceed on Count 2 the trial […]

492 S.E.2d 742 LEMMING v. MORGAN. A97A1390.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1997. DECIDED OCTOBER 9, 1997 — CERT. APPLIED FOR. JOHNSON, Judge. Larry Lemming appeals from the grant of summary judgment to Jackson Morgan in this action based on the alleged breach of an oral agreement. Viewing the facts in the light […]

140 S.E.2d 83 LOVINGER v. HIX GREEN BUICK COMPANY. 40975.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1964. 1. Any distinct act of dominion wrongfully asserted over property in denial of the owner’s right or inconsistent with it, is a conversion; it is immaterial that such was done in good faith without knowledge of the […]

103 S.E.2d 634 HAWKINS et al. v. JACKSON. 37085.Court of Appeals of Georgia. DECIDED APRIL 8, 1958. REHEARING DENIED APRIL 21, 1958. 1. There was sufficient evidence to present a jury question as to whether the defendant exercised ordinary care in discovering the breach of warranty and avoiding its consequences. 2. The verdict was supported […]

710 S.E.2d 824 MIKELL v. THE STATE. No. A11A0221.Court of Appeals of Georgia. DECIDED MAY 17, 2011. PHIPPS, Presiding Judge. On January 22, 2004, Kenneth Mikell, Sr., was convicted of one count of enticing a child for indecent purposes and three counts of child molestation, and he was sentenced as a recidivist under OCGA Page […]

80 S.E.2d 821 WAYE v. THE STATE. 35043.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1954. 1. Where, in the trial of a criminal case, facts are developed from which the jury may draw an unfavorable inference from the defendant’s wife’s failure to testify, it is error requiring the grant of a new trial for […]

383 S.E.2d 144 LANDRUM v. COBB COUNTY CONCRETE PRODUCTS, INC. et al. A89A0194.Court of Appeals of Georgia. DECIDED MAY 19, 1989. REHEARING DENIED JUNE 6, 1989. CARLEY, Chief Judge. Appellee-defendant J. E. Lovern (Lovern) subcontracted to provide and install the water and sewer lines for a building project. Appellee-defendant Cobb County Concrete Products, Inc. (CCCP) […]

207 S.E.2d 630 REYNOLDS v. THE STATE. 49264.Court of Appeals of Georgia.SUBMITTED APRIL 5, 1974. DECIDED JUNE 12, 1974. PANNELL, Judge. The defendant was convicted on 30 counts of an indictment. The jury sentenced him to one year on each Page 90 count without stating that any sentence was to run consecutively. The trial judge, […]

349 S.E.2d 286 BLACKBURN v. THE STATE. 72528.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1986. CARLEY, Judge. Appellant was tried before a jury and found guilty of first and third degree arson. He appeals from the judgments of conviction and sentences entered on the jury’s verdict. 1. Appellant enumerates as error the trial court’s […]

256 S.E.2d 662 WHITE v. ROYAL et al. 57520.Court of Appeals of Georgia.SUBMITTED APRIL 9, 1979. DECIDED MAY 17, 1979. UNDERWOOD, Judge. This appeal arose after the Bank of Barrow filed an action against White, Royal and Howard (both in Howard’s individual capacity and as administratrix of the estate of Sue Borders, deceased) requesting the […]

344 S.E.2d 698 FULLER et al v. THE STATE. 72114.Court of Appeals of Georgia. DECIDED APRIL 9, 1986. BANKE, Chief Judge. The three appellants were convicted of shoplifting. At trial each of them denied culpability and further denied ever having been charged with, tried for, or convicted of any crimes. On appeal, their sole contention […]

402 S.E.2d 550 SAULSBERRY v. THE STATE. A90A2025.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1991. McMURRAY, Presiding Judge. Defendant Saulsberry appeals his convictions of the offenses of trafficking in cocaine, possession of a firearm during the commission of a felony, and carrying a concealed weapon. No appeal is taken from a fourth conviction arising […]

181 S.E.2d 296 LEONARD BROTHERS TRUCKING COMPANY, INC. v. CRYMES TRANSPORTS, INC. 45691.Court of Appeals of Georgia.ARGUED OCTOBER 7, 1970. DECIDED MARCH 5, 1971. On a motion to permit the inspection and copying of certain business records of the opposing party, where it is made to appear that the sum which the plaintiff claims the […]

683 S.E.2d 60 JACKSON v. THE STATE. No. A09A0840.Court of Appeals of Georgia. DECIDED JULY 24, 2009. ELLINGTON, Judge. Monroe Jackson appeals from the trial court’s denial of his motion to vacate an illegal sentence. He argues that the court erred in ruling that he was required to register as a sexual offender under OCGA […]

472 S.E.2d 709 BILT RITE OF AUGUSTA, INC. v. GARDNER ET AL. A96A0540.Court of Appeals of Georgia. DECIDED JUNE 21, 1996. BIRDSONG, Presiding Judge. James and Inez Gardner sued Bilt Rite of Augusta, Inc., for negligence and breach of warranty in installing a polyurethane foam roof on their house. At trial the evidence showed that […]

231 S.E.2d 103 WELCH v. PROFESSIONAL INSURANCE CORPORATION. 52907.Court of Appeals of Georgia.ARGUED OCTOBER 5, 1976. DECIDED OCTOBER 22, 1976. REHEARING DENIED NOVEMBER 4, 1976. DEEN, Presiding Judge. The insured and his wife were accidentally killed by breathing carbon monoxide fumes, described in the death certificate as acute carbon monoxide intoxication, while they were in […]

418 S.E.2d 407 LEE v. TRUST COMPANY BANK. A92A0132.Court of Appeals of Georgia. DECIDED APRIL 16, 1992. JOHNSON, Judge. Following the sale of a repossessed automobile, Trust Company Bank initiated a deficiency action against Dorothy Lee (Lee). Lee answered, and the parties filed cross-motions for summary judgment. Lee appeals from the grant of summary judgment […]

347 S.E.2d 667 ROBINSON v. THE STATE. 71629.Court of Appeals of Georgia. DECIDED JULY 3, 1986. BEASLEY, Judge. Appellant was tried by a jury and convicted of the August 25, 1983 armed robbery (OCGA § 16-8-41) and kidnapping (OCGA §16-5-40) of a convenience store employee. His motion for new trial was denied and he appeals. […]

434 S.E.2d 101 EAST PIEDMONT 120 ASSOCIATES, L. P. et al. v. SHEPPARD. A92A1975.Court of Appeals of Georgia. DECIDED JULY 2, 1993. RECONSIDERATION DENIED JULY 28, 1993. COOPER, Judge. Appellants sued Ray and Clara Joy Sheppard for fraud and breach of an alleged oral agreement to form a joint venture to develop Mrs. Sheppard’s land […]

553 S.E.2d 346 ISHOLA v. THE STATE. A01A1131.Court of Appeals of Georgia. DECIDED: AUGUST 1, 2001 MILLER, Judge. A jury found Olantunji Ishola guilty of driving with an alcohol concentration greater than 0.10 grams.[1] On appeal Ishola argues that the results of his Intoxilyzer 5000 test should have been excluded. We disagree and affirm. Ishola […]

425 S.E.2d 362 MORRIS v. RYAN’S FAMILY STEAK HOUSES, INC. A92A1348.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 1992. RECONSIDERATION DENIED NOVEMBER 19, 1992. JOHNSON, Judge. Virginia Morris brought this negligence action against Ryan’s Family Steak Houses, Inc. seeking damages for injuries she sustained when she slipped and fell to the floor near the salad […]

264 S.E.2d 558 THOMPSON v. THOMPSON. 59118.Court of Appeals of Georgia.ARGUED NOVEMBER 6, 1979. DECIDED JANUARY 14, 1980. SHULMAN, Judge. Appellant and appellee were divorced in June of 1974, and custody of the parties’ sole minor child was awarded to appellee-wife. In April of 1976, appellee allowed appellant to take possession of the minor child, […]

305 S.E.2d 887 GEORGIA POWER COMPANY v. PINSON. 65553.Court of Appeals of Georgia. DECIDED JUNE 23, 1983. CARLEY, Judge. In February of 1980, appellee-employee received a blow to his head while engaged in his employment with appellant-employer. Thereafter, appellee developed visual field loss in both eyes. The doctor treating appellee was originally able to determine […]

81 S.E.2d 215 AIKEN BAG CORPORATION v. McLEOD et al. 34926.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1954. REHEARING DENIED FEBRUARY 26, 1954. NICHOLS, J. 1. A check does not of itself operate as an assignment of any part of the drawer’s funds deposited with the bank upon which the check is drawn, and […]

287 S.E.2d 388 MORRIS v. AETNA LIFE INSURANCE COMPANY. 62570.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1981. BIRDSONG, Judge. No-Fault: Personal Injury Protection Claim. On March 24, 1979, Lee Morris was involved in an automobile collision while operating his mother’s car. Morris was not listed as an operator of the car on his mother’s […]

420 S.E.2d 788 MATHIS v. THE STATE. A92A0830.Court of Appeals of Georgia. DECIDED JUNE 26, 1992. RECONSIDERATION DENIED JULY 13, 1992. McMURRAY, Presiding Judge. David Paul Mathis was convicted of the offense of trafficking in cocaine and appeals from his conviction. The State presented evidence showing that during an investigation of drug activity in Oconee […]

677 S.E.2d 752 HINTON v. THE STATE. No. A09A0273.Court of Appeals of Georgia. DECIDED APRIL 17, 2009. SMITH, Presiding Judge. Travis B. Hinton was convicted of trafficking in cocaine, possession of a firearm during the commission of a felony, possession of a firearm by a convicted felon, and felony fleeing or attempting to elude.[1] His […]

516 S.E.2d 317 SWEET v. THE STATE. A99A0688.Court of Appeals of Georgia. DECIDED: APRIL 12, 1999 BLACKBURN, Presiding Judge. Ron Sweet appeals his convictions, following a jury trial, of aggravated child molestation and child molestation of his three-year-old Page 614 daughter.[1] Sweet contends (1) that the evidence was insufficient to support the verdict and (2) […]

299 S.E.2d 157 COOK v. THE STATE. 64857.Court of Appeals of Georgia. DECIDED JANUARY 10, 1983. REHEARING DENIED JANUARY 28, 1983. SOGNIER, Judge. Appellant was convicted in a bench trial of aggravated assault and appeals on the general grounds. He also contends the trial court erred by admitting his confession into evidence. Cook was a […]

38 S.E.2d 624 WALLACE v. AMERICAN MUTUAL LIABILITY INSURANCE CO. 31271.Court of Appeals of Georgia. DECIDED JUNE 6, 1946. The evidence not demanding a finding that the claimant, who was an adult son of the deceased, was in fact dependent, in whole or in part, upon the deceased for support for a person of his […]

662 S.E.2d 234 QUARTERMAN et al. v. LEE. No. A08A0986.Court of Appeals of Georgia. DECIDED MAY 5, 2008. RECONSIDERATION DENIED MAY 21, 2008. BLACKBURN, Presiding Judge. Following a jury trial, James and Felecia Quarterman (pro se) appeal an $8,741.97 judgment (plus $6,919.50 in attorney fees) awarded to Franklin Lee for damages they caused to property […]

266 S.E.2d 316 GRAHAM v. THE STATE. 58828.Court of Appeals of Georgia.SUBMITTED NOVEMBER 19, 1979. DECIDED FEBRUARY 28, 1980. QUILLIAN, Presiding Judge. The defendant appeals his conviction for burglary. The two grounds raised by his enumerations of error are: “1. The Court erred in overruling defendant’s objection and motion for mistrial and in failing to […]

267 S.E.2d 892 HAY v. McKINLEY. 59327.Court of Appeals of Georgia.ARGUED FEBRUARY 6, 1980. DECIDED APRIL 9, 1980. BIRDSONG, Judge. Breach of contract. The facts of this case show that appellants Mr. and Mrs. Hay undertook to purchase a 1973 Rambler auto from the appellee McKinley d/b/a Tempo Sales and Leasing Co. They traded an […]

300 S.E.2d 3 SMITHS’ PROPERTIES, INC. v. MUNFORD, INC. 64986.Court of Appeals of Georgia. DECIDED JANUARY 26, 1983. SHULMAN, Chief Judge. This appeal arises from a bench trial and judgment in favor of the defendant/counterclaimant against the plaintiff in this dispossessory action. The appeal is limited to appellant’s challenge to one finding of fact and […]

280 S.E.2d 385 WALLACE v. THE STATE. 61631.Court of Appeals of Georgia. DECIDED APRIL 22, 1981. QUILLIAN, Chief Judge. The defendant appeals her conviction for operating a motor vehicle after having been declared a habitual violator. Held: 1. Objection was taken to the admission of certain Department of Public Safety traffic records. These records, properly […]

638 S.E.2d 869 TAYLOR v. THE STATE. ANDREWS v. THE STATE. A06A1896, A06A1897.Court of Appeals of Georgia. DECIDED November 17, 2006. MILLER, Judge. Following a combined jury trial, Sean Quinton Taylor and Robert Fredrick Andrews were convicted of two counts of armed robbery. In Case No. A06A1896, Taylor appeals, challenging the sufficiency of the evidence, […]

45 S.E.2d 708 RODGERS v. WATSON. 31815.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1947. The allegations of the petition are good as against a general demurrer. The court erred in sustaining the general demurrer, and in dismissing the petition. DECIDED DECEMBER 2, 1947. Damages; from Carroll Superior Court — Judge Boykin. September 6, 1947. […]

659 S.E.2d 412 WALKER et al. v. 90 FAIRLIE CONDOMINIUM ASSOCIATION, INC. et al. No. A07A2329.Court of Appeals of Georgia. DECIDED MARCH 7, 2008. PHIPPS, Judge. This case pits Cole and Ashley Walker, in their capacity as owners of unit 902 in the 90 Fairlie Condominium building, against 90 Fairlie Condominium Association, Inc., and its […]

455 S.E.2d 607 PERRY v. THE STATE. A94A2462.Court of Appeals of Georgia. DECIDED MARCH 15, 1995. SMITH, Judge. Christopher Kenneth Perry was charged with two counts of aggravated child molestation, OCGA § 16-6-4 (c). The trial court granted Perry’s motion for directed verdict as to one of the counts, and a jury convicted Perry of […]

533 S.E.2d 162 LANG et al. v. STANDARD TELEPHONE COMPANY et al. A99A2089.Court of Appeals of Georgia. DECIDED: MARCH 30, 2000. BLACKBURN, Presiding Judge. In this class action suit regarding alleged over-charging for telecommunications services, Deborah A.J. Lange, Lange Machinery, Inc., and Marcia L. Rheinschilds appeal from the trial court’s order dismissing their suit against […]

210 S.E.2d 340 THIBADEAU v. THIBADEAU; and vice versa. 49717, 49718.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1974. DECIDED OCTOBER 11, 1974. REHEARING DENIED OCTOBER 24, 1974. DEEN, Judge. Janet Thibadeau, a resident of Ventura County, California, brought an action under the Uniform Reciprocal Enforcement of Support Act against her former husband, a resident of […]

648 S.E.2d 771 IN THE INTEREST OF N. D. et al., children. No. A07A0026.Court of Appeals of Georgia. DECIDED JULY 3, 2007. MIKELL, Judge. Appellant C. B., the biological mother of two girls, eleven-year-old N. D. and eight-year-old S. C., appeals the Juvenile Court of Murray County’s provisional temporary placement order finding the children deprived. […]

372 S.E.2d 497 CRUMBLEY et al. v. WYANT et al. 76732.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1988. BANKE, Presiding Judge. Appellant Crumbley brought this action on his own behalf and as next friend of his minor daughter to recover for the death of Mrs. Crumbley due to alleged medical malpractice on the part […]

522 S.E.2d 19 SCHRADER v. KOHOUT. A99A0040.Court of Appeals of Georgia. DECIDED: JULY 15, 1999. SMITH, Judge. This case arises out of the denial of a motion for summary judgment by Sue Schrader in a medical malpractice action filed against her by Kim Kohout. For the reasons that follow, we reverse.[1] Page 135 Kim Kohout […]

307 S.E.2d 134 BOWMAN et al. v. UNITED STATES LIFE INSURANCE COMPANY et al. 66024.Court of Appeals of Georgia. DECIDED JULY 29, 1983. REHEARING DENIED AUGUST 8, 1983. BIRDSONG, Judge. On motion for rehearing, the original opinion of this court is withdrawn and vacated, and the following is substituted therefor. This is an appeal from […]

172 S.E.2d 461 MEDLEY v. HARTFORD ACCIDENT INDEMNITY COMPANY et al. 45021.Court of Appeals of Georgia.SUBMITTED JANUARY 13, 1970. DECIDED JANUARY 27, 1970. EVANS, Judge. This is a workmen’s compensation case arising out of a hearing by the board of an alleged change of condition in that the claimant now has less than 100% disability […]

318 S.E.2d 221 SHERRELL v. THE STATE. 67687.Court of Appeals of Georgia. DECIDED MAY 3, 1984. CARLEY, Judge. Appellant was indicted and tried for the offenses of driving without a license, driving without no-fault insurance, driving under the influence of alcohol, speeding, and vehicular homicide. He was convicted of driving without a license, driving under […]

349 S.E.2d 7 ROGERS v. FIDELITY FEDERAL SAVINGS LOAN ASSOCIATION. SERKALOW v. FIDELITY FEDERAL SAVINGS LOAN ASSOCIATION. 72632, 72633.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1986. REHEARING DENIED SEPTEMBER 18, 1986. SOGNIER, Judge. Henry Rogers and Vic Serkalow both appeal from the order of the Superior Court of Whitfield County which affirmed the Application […]

570 S.E.2d 72 BROOKINS v. THE STATE. A02A1496.Court of Appeals of Georgia. DECIDED: AUGUST 7, 2002 JOHNSON, Presiding Judge. Clarence Brookins appeals after being convicted of possession of cocaine and possession of marijuana. He contends the evidence was insufficient to support the convictions because there was evidence that others had equal access to his residence, […]

8 S.E.2d 705 DOBSON v. FERGUSON. 28206.Court of Appeals of Georgia. DECIDED APRIL 25, 1940. Under the law and the evidence a verdict in favor of the defendant was demanded as a matter of law. The judge of the superior court erred in sustaining the certiorari. DECIDED APRIL 25, 1940. Certiorari; from Gordon superior court […]

491 S.E.2d 925 WASHINGTON v. THE STATE. A97A1628B.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1997 — CERT. APPLIED FOR. SUBSTITUTE OPINION McMURRAY, Presiding Judge. Defendant was tried before a jury and found not guilty of murder, felony murder, aggravated assault and possession of a firearm during the commission of a crime. The jury found […]

630 S.E.2d 769 STAPLETON v. THE STATE. A06A0306.Court of Appeals of Georgia. DECIDED APRIL 13, 2006. RECONSIDERATION DENIED MAY 11, 2006 — CERT. APPLIED FOR. SMITH, Presiding Judge. Following the denial of her motion to suppress and subsequent bench trial, Lauren Stapleton was found guilty of two counts of DUI, one count of failure to […]

706 S.E.2d 156 HINES v. THE STATE. No. A10A2059.Court of Appeals of Georgia. Decided February 11, 2011. ADAMS, Judge. Michael Leon Hines was charged with two counts of child molestation and one count of enticing a child for indecent purposes for an incident involving his stepdaughter. Following a jury trial, Page 808 Hines was convicted […]

643 S.E.2d 239 GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. PAWLOWSKI et al. No. A06A2011.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 2007. RECONSIDERATION DISMISSED MARCH 14, 2007. PHIPPS, Judge. Linda and Clarence Pawlowski sued their homeowners insurer, Georgia Farm Bureau Mutual Insurance Company, after a pipe burst in their mobile home, allegedly causing property […]

144 S.E.2d 547 BATSON-COOK COMPANY for use, etc., et al. v. GEORGIA MARBLE SETTING COMPANY. 41379.Court of Appeals of Georgia.ARGUED JUNE 7, 1965. DECIDED SEPTEMBER 9, 1965. The indemnity agreement in a contract between a general contractor, the indemnitee, and a subcontractor, the indemnitor, did not express plainly, clearly, specifically and unequivocally the intention to […]

609 S.E.2d 714 MENEFEE v. THE STATE. A05A0206.Court of Appeals of Georgia. DECIDED JANUARY 21, 2005. PHIPPS, Judge. The question in this appeal is whether the trial court was authorized to dismiss James Menefee’s motion for new trial without conducting a hearing on the motion, based on Menefee’s failure to secure a transcript of his […]

145 S.E.2d 283 CLAYTON COUNTY v. SARNO et al. 41406.Court of Appeals of Georgia.ARGUED JULY 6, 1965. DECIDED SEPTEMBER 8, 1965. REHEARING DENIED SEPTEMBER 28, 1965. HALL, Judge. The question for decision is whether or not the filing of an action against a county followed by service of the petition on one of the members […]

71 S.E.2d 109 RIGGS v. PRATHER. 33906.Court of Appeals of Georgia. DECIDED MAY 9, 1952. REHEARING DENIED MAY 22, 1952. WORRILL, J. After the death of the father of a minor child, a testamentary guardian brought a petition in the court of ordinary for a year’s support for the child. The executors objected to the […]

516 S.E.2d 533 KNIGHT v. STATE. A99A0428.Court of Appeals of Georgia. DECIDED: APRIL 14, 1999 McMURRAY, Presiding Judge. Defendant Knight appeals his conviction of the offense of burglary. The sole enumeration of error challenges the sufficiency of the evidence to authorize the guilty verdict returned by the jury. Held: The evidence stated in the light […]

574 S.E.2d 339 IN THE INTEREST OF C. B., A02A1570 (2002)Court of Appeals of Georgia. OCTOBER 23, 2002. RUFFIN, Presiding Judge. The biological father of C. B. appeals the juvenile court’s order terminating his parental rights. He asserts that the evidence was insufficient to support the termination, that the court failed to enter specific findings […]

387 S.E.2d 367 HARBIN v. THE STATE. A89A1079.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1989. REHEARING DENIED OCTOBER 20, 1989. BEASLEY, Judge. Defendant was charged with driving with .12 percent by weight of alcohol in his blood, OCGA § 40-6-391 (a) (4), and improper use of habitual violator driving permit, OCGA § 40-5-58 (e) […]

81 S.E.2d 556 BRYANT v. THE STATE. JENKINS v. THE STATE. 35079, 35080.Court of Appeals of Georgia. DECIDED MARCH 11, 1954. REHEARING DENIED MARCH 31, 1954. 1. An assignment of error, in order to present an issue for review by this court, must complain of an adverse ruling by the trial court. 2. A provision […]

66 S.E.2d 645 TURNER v. THE STATE. 33551.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1951. MacINTYRE, P. J. “To sustain an accusation charging the offense of keeping and maintaining `a common, ill-governed, and disorderly house, to the encouragement of idleness, gaming and drinking, to the common disturbance of the neighborhood and orderly citizens,’ it […]

250 S.E.2d 843 STATE FARM FIRE CASUALTY COMPANY v. FORDHAM. 56623.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1978. DECIDED NOVEMBER 7, 1978. QUILLIAN, Presiding Judge. This is an appeal from a judgment for plaintiff Fordham on a policy of fire insurance with defendant State Farm Fire Casualty Company (State Farm). Plaintiff alleged that her house […]

302 S.E.2d 133 CORNELL v. THE STATE. 65223.Court of Appeals of Georgia. DECIDED MARCH 2, 1983. SHULMAN, Chief Judge. Appellant was convicted in 1974 of armed robbery. He failed to appear for the last day of the trial and was not apprehended until 1980. In a habeas corpus proceeding filed after appellant’s capture, the trial […]

552 S.E.2d 99 PAGE v. THE STATE. A01A0735.Court of Appeals of Georgia. DECIDED: JULY 9, 2001. BLACKBURN, Chief Judge. A jury convicted Prece Page of theft by shoplifting and possession of tools to commit a crime. Due to his three prior shoplifting convictions, two of which were felonies, Page was sentenced as a recidivist. Following […]