Category: Georgia Supreme Court Opinions

270 S.E.2d 4 CHAPMAN v. BANK OF CUMMING. 57498.Court of Appeals of Georgia.SUBMITTED MARCH 8, 1979. DECIDED MAY 2, 1980. REHEARING DENIED MAY 28, 1980. McMURRAY, Presiding Judge. In Bank of Cumming v. Chapman, 245 Ga. 261 (264 S.E.2d 201), the Supreme Court has vacated our judgment in Chapman v. Bank of Cumming, 150 Ga. […]

145 S.E.2d 635 PETTEWAY v. CONTINENTAL CASUALTY COMPANY et al. 41511.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1965. DECIDED SEPTEMBER 29, 1965. REHEARING DENIED OCTOBER 20, 1965. The evidence authorized the board to find that the claimant was not “mentally incompetent” under the provisions of Code § 114-306, as construed by Royal Indem. Co. v. […]

281 S.E.2d 368 TOLBERT et al. v. HICKS et al. 61745.Court of Appeals of Georgia. DECIDED MAY 26, 1981. SHULMAN, Presiding Judge. Plaintiff Charles Tolbert was injured when the van he was driving collided head-on with two of defendant James Hicks’ horses, which had run onto the highway after escaping from a nearby pasture. Alleging […]

649 S.E.2d 832 GILLEN v. THE STATE. MARSTON v. THE STATE. Nos. A07A0506, A07A0712.Court of Appeals of Georgia. DECIDED JULY 16, 2007. SMITH, Presiding Judge. In unrelated criminal actions, Victor Gillen and Margaret Marston pled guilty to trafficking in drugs. Gillen was sentenced to 15 years for trafficking between 200 and 400 grams of methamphetamine,[1] […]

162 S.E.2d 786 BAILEY v. THE STATE. 43502.Court of Appeals of Georgia.SUBMITTED MARCH 4, 1968. DECIDED JUNE 26, 1968. WHITMAN, Judge. The appeal in this case is from a judgment of conviction and sentence for the offense of abandonment of a dependent, which is a misdemeanor. The enumerations of error are that the trial court […]

353 S.E.2d 202 GLISSON v. THE STATE. 73793.Court of Appeals of Georgia. DECIDED JANUARY 21, 1987. DEEN, Presiding Judge. Nathan Glisson appeals from his convictions of child molestation and statutory rape contending that it was error for the trial court to permit the jury to convict him of both offenses as they constituted multiple prosecution […]

546 S.E.2d 11 IN THE INTEREST OF D. L. D. et al., children. A01A0216.Court of Appeals of Georgia. DECIDED: FEBRUARY 20, 2001. JOHNSON, Presiding Judge. The father of D. L. D., P. D. D. and N. L. D. appeals from a juvenile court order terminating his parental rights. In his sole enumeration of error, he […]

178 S.E.2d 340 CHEROKEE CAB COMPANY v. GOLOSH. 45058.Court of Appeals of Georgia. DECIDED OCTOBER 20, 1970. PER CURIAM. This case having been remanded to this court by the Supreme Court of Georgia (Golosh v. Cherokee Cab Co., 226 Ga. 636 (176 S.E.2d 925)), the judgment of this court (121 Ga. App. 277 (173 S.E.2d […]

383 S.E.2d 185 CARTER et al. v. EARLY AMERICAN INSURANCE COMPANY OF MONTGOMERY, ALABAMA et al. A89A0251.Court of Appeals of Georgia. DECIDED JUNE 6, 1989. BENHAM, Judge. Appellants seek review of the grant of summary judgment to their insurance company, appellee Early American Insurance Company of Montgomery, Alabama (Early American), in their suit based on […]

231 S.E.2d 502 UNITED STATES FIDELITY GUARANTY COMPANY et al. v. MURRAY et al. GRIFFIN LUMBER COMPANY et al. v. MURRAY et al. 52854, 53114.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1976. SUBMITTED NOVEMBER 1, 1976. DECIDED NOVEMBER 18, 1976. REHEARING DENIED DECEMBER 8, 1976. CLARK, Judge. In these workmen’s compensation appeals, we must determine […]

548 S.E.2d 26 THE STATE v. STALEY. A01A0306.Court of Appeals of Georgia. DECIDED: APRIL 12, 2001 PHIPPS, Judge. The State appeals the trial court’s grant of Edward Staley’s motion to suppress the results of searches of his residence and computer files in this child molestation case. Because the evidence supported the trial court’s ruling that […]

529 S.E.2d 228 BURLESON v. STATE. A98A1178.Court of Appeals of Georgia. DECIDED: FEBRUARY 3, 2000. ELLINGTON, Judge. Michael D. Burleson was convicted of armed robbery and possession of a hoax device and was sentenced under the first offender act to 15 years to serve five for armed robbery and five years on probation to run […]

378 S.E.2d 884 BUFFINGTON v. THE STATE. 77413.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1989. REHEARING DENIED FEBRUARY 20, 1989. CARLEY, Chief Judge. Appellant was tried before a jury and convicted of possession of cocaine. He appeals from the judgment of conviction and sentence entered by the trial court off the jury’s verdict of […]

85 S.E.2d 179 DENNISON v. THE STATE. 35382.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1954. CARLISLE, J. Where, on the trial of one charged with the simple larceny of a certain described hog, it appears from all the evidence, and every reasonable inference to be drawn therefrom, that the alleged owner (a landlord) of […]

478 S.E.2d 781 MORGAN v. THE STATE. A95A2674.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1996. BEASLEY, Chief Judge. In Morgan v. State, 219 Ga. App. 760 (466 S.E.2d 658) (1996), we affirmed appellant’s judgment of conviction of DUI and several traffic offenses. The Supreme Court granted certiorari and reversed our decision in Morgan v. […]

322 S.E.2d 289 FREEMAN v. THE STATE. 68334.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1984. REHEARING DENIED SEPTEMBER 20, 1984. SOGNIER, Judge. Appellant was convicted in a bench trial of possession of cocaine, methaqualone, amobarbital and secobarbitol, and amphetamine, all violations of the Georgia Controlled Substances Act. On appeal he contends the trial court […]

548 S.E.2d 45 IN THE INTEREST OF T. B., A CHILD A01A0329.Court of Appeals of Georgia. DECIDED: APRIL 19, 2001. RUFFIN, Judge. Appellant, the mother of T. B., challenges the sufficiency of the evidence supporting termination of her parental rights. We agree that the evidence was insufficient to support the termination order and reverse. The […]

585 S.E.2d 628 COOK et al. v. MICRO CRAFT, INC., FAIRCLOTH v. MICRO CRAFT, INC. A03A0828, A03A0829.Court of Appeals of Georgia. DECIDED: JUNE 19, 2003 ELLINGTON, Judge. This premises liability case arises from the brutal murder of Anna Marie Cook Jackson (hereinafter, the decedent) by her estranged husband, Willie Charles Jackson. The attack which killed […]

247 S.E.2d 577 KENDALL et al. v. TOWNS COUNTY et al. 56063.Court of Appeals of Georgia.ARGUED JUNE 8, 1978. DECIDED JULY 14, 1978. QUILLIAN, Presiding Judge. The plaintiffs, chairman and members of the Towns County Board of Education and on behalf of the Towns County School District, filed suit against Towns County and the sole […]

612 S.E.2d 552 LANGFORD v. ROBINSON. A04A2340.Court of Appeals of Georgia. DECIDED MARCH 22, 2005. SMITH, Presiding Judge. Sandra Langford appeals from the judgment entered on a jury verdict awarding Virginia Robinson approximately $27,000 in quantum meruit for improvements made to the home once owned by Langford’s father, Darnice Malloway. Langford raises two issues in […]

258 S.E.2d 36 DEVLIN v. THE STATE. 57729.Court of Appeals of Georgia.SUBMITTED MAY 9, 1979. DECIDED JUNE 19, 1979. QUILLIAN, Presiding Judge. The defendant appeals his conviction for carrying a pistol without a license. His sole enumeration of error is “It was error for the trial court to enter judgment on the verdict in that […]

379 S.E.2d 194 HARRELL v. HUNTINGTON ASSOCIATES, LTD. 77908.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1989. REHEARING DENIED FEBRUARY 22, 1989. CARLEY, Chief Judge. Appellee-plaintiff is the holder of two promissory notes which were secured by real property. Payment of the notes was guaranteed by appellant-defendant. The notes went into default for the untimely […]

418 S.E.2d 451 COOK v. GEORGIA POWER COMPANY. A92A0648.Court of Appeals of Georgia. DECIDED APRIL 30, 1992. CARLEY, Presiding Judge. Pursuant to OCGA § 22-2-100 et seq., appellee-condemnor initiated condemnation proceedings against the property of appellant-condemnee. From the award of the special master, appellant filed not only a timely appeal as to the amount of […]

258 S.E.2d 738 BAILEY v. LONDON MARINA, INC. 57644.Court of Appeals of Georgia.SUBMITTED APRIL 5, 1979. DECIDED SEPTEMBER 4, 1979. SMITH, Judge. Appellee London Marina, Inc. brought this action to enforce a judgment obtained against appellant Bailey in North Carolina. Appellant filed an answer asserting, inter alia, that the North Carolina judgment was not entitled […]

388 S.E.2d 753 HUGHES PEDEN, INC. v. BUDD CONTRACTING COMPANY, INC. A89A2280.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1989. DEEN, Presiding Judge. Appellant seeks review of a superior court order denying a motion for confirmation of an arbitration award and granting an opposing motion to vacate the arbitration award. This dispute arose from a […]

12 S.E.2d 444 GOODWIN v. ANDERSON. 28524.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1940. REHEARING DENIED DECEMBER 18, 1940. GARDNER, J. The plaintiff in error brings this case here for review, first, on the general grounds; and, second, on exceptions to the charge of the trial court. 1. The jury was authorized to find, […]

65 S.E.2d 848 ANDERSON et al. v. THE STATE. 33621.Court of Appeals of Georgia. DECIDED JUNE 29, 1951. 1. Under Code and Ann. Supplement § 32-911 the boards of education of each county are empowered to make regulations as in their judgment will insure the vaccination of pupils in their respective schools as a prerequisite […]

440 S.E.2d 508 VICK v. THE STATE. A93A1948.Court of Appeals of Georgia. DECIDED JANUARY 26, 1994. SMITH, Judge. David Allen Vick, Brandon Cole Hobbs, and Shannon Douglas Leonard were indicted by the Bartow County grand jury on November 1, 1991 on one count of armed robbery. OCGA § 16-8-41 (a). Because Page 736 of a […]

503 S.E.2d 914 LIVERY v. THE STATE. A98A1592.Court of Appeals of Georgia. DECIDED JULY 9, 1998. ELDRIDGE, Judge. Defendant-appellant William Lee Livery was convicted of attempted child molestation on November 13, 1997, following an incident in which he attempted to remove the ten-year-old victim’s underpants. He appeals his conviction, and we affirm. “On appeal[,] the […]

76 S.E.2d 715 YEARTY v. GENERAL WHOLESALE COMPANY. 34588.Court of Appeals of Georgia. DECIDED MAY 13, 1953. REHEARING DENIED JUNE 12, 1953. The plaintiff failed to prove that, during a substantial part of his employment activities, he was engaged in interstate commerce or in the production of goods for interstate commerce, so as to bring […]

237 S.E.2d 463 ORR et al. v. WOODRUFF-ROBINSON, INC. 53975.Court of Appeals of Georgia.SUBMITTED MAY 23, 1977. DECIDED JULY 14, 1977. McMURRAY, Judge. This is a suit on a promissory note representing the balance due in the purchase of insurance. The defendants, a partnership, answered, denying any indebtedness, but thereafter admitted the execution of the […]

141 S.E.2d 321 U.S. CASUALTY COMPANY et al. v. WHITE et al. 41035.Court of Appeals of Georgia. DECIDED MARCH 4, 1965. PANNELL, Judge. When this case was previously before this court on appeal from an award made to the widow claimant for compensation and for attorney’s fees for her attorney under Code Ann. § 114-712, […]

164 S.E.2d 864 CITY DODGE, INC. v. ATKINS. 44061.Court of Appeals of Georgia.ARGUED NOVEMBER 6, 1968. DECIDED NOVEMBER 19, 1968. PANNELL, Judge. T. C. Atkins brought an action in three counts against City Dodge, Inc., Count 3 of which is the only count involved in the present controversy. The third count was based upon fraudulent […]

145 S.E.2d 59 BELLINGER v. THE STATE. 41507.Court of Appeals of Georgia.ARGUED SEPTEMBER 9, 1965. DECIDED SEPTEMBER 13, 1965. REHEARING DENIED SEPTEMBER 21, 1965. EBERHARDT, Judge. Under the ruling of Murcherson v. State, ante, this bill of exceptions must be Dismissed. Nichols, P. J., and Pannell, J., concur. ARGUED SEPTEMBER 9, 1965 — DECIDED SEPTEMBER […]

339 S.E.2d 361 THOMASTON MILLS, INC. v. KIERBOW. 70593.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1985. REHEARING DENIED DECEMBER 20, 1985. CARLEY, Judge. At the time that appellee-claimant in the instant workers’ compensation case was injured, she was already receiving social security benefits. Because appellee could earn only approximately $5,000 per year and still […]

474 S.E.2d 681 GREEN v. LANFORD. A96A1434.Court of Appeals of Georgia. DECIDED AUGUST 13, 1996. BEASLEY, Chief Judge. Green filed this complaint against Lanford, the administrator of Bentley’s estate, to recover for personal injuries sustained in an automobile accident between Green and Bentley. Lanford moved for summary judgment on the ground that Green’s attorney Beskin […]

61 S.E.2d 155 GODWIN v. ATLANTIC STEEL CO. 33157.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1950. SUTTON, C. J. The law relative to notice to the opposing party or counsel before certification of a bill of exceptions, or a waiver of such notice, or approval of the averments of fact in a bill of […]

543 S.E.2d 436 KEVIN GLENN NEILL v. THE STATE. A00A2071.Court of Appeals of Georgia. DECIDED: DECEMBER 6, 2000. MIKELL, Judge. Kevin Glenn Neill appeals his felony conviction for trafficking in methamphetamine. On appeal, Neill argues that the trial court erred by admitting a hotel registration card and Neill’s custodial statements into evidence. Neill also challenges […]

308 S.E.2d 4 LIFE CHIROPRACTIC COLLEGE, INC. v. CARTER ASSOCIATES, INC. 66076.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1983. REHEARING DENIED SEPTEMBER 19, 1983. POPE, Judge. Appellee Carter Associates, Inc. filed suit against appellant Life Chiropractic College, Inc. alleging that it (appellee) had acted as broker pursuant to the terms of a lease under […]

390 S.E.2d 908 CULLEN v. THE STATE. A89A2322.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1990. BEASLEY, Judge. Cullen appeals bench convictions for trafficking in cocaine, OCGA § 16-13-31, and violation of the Georgia Controlled Substances Act by possession of less than one ounce of marijuana, OCGA §§ 16-13-30 (j) (1); 16-13-2 (b). The question […]

74 S.E.2d 124 BRANHAM v. THE STATE. 34398.Court of Appeals of Georgia. DECIDED JANUARY 17, 1953. Where the defendant is indicted for an assault with intent to murder a named person by shooting such person with a pistol, and the jury returns a verdict finding the defendant guilty of shooting at another, such verdict is […]

277 S.E.2d 301 SCHELL v. WARREN. 61205.Court of Appeals of Georgia. DECIDED FEBRUARY 2, 1981. McMURRAY, Presiding Judge. Appellant failed to support any of her enumerations of error by citation of authority or argument. Therefore, appellant’s enumerations of error are deemed to have been abandoned. Rule 15 (c) (2) (Code Ann. § 24-3615 (c) (2)); […]

285 S.E.2d 76 INGRAM v. THE STATE. 62115.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1981. SOGNIER, Judge. Patricia Ingram was convicted of wrongful possession of controlled substances. She contends the trial court erred by denying her motion for a directed verdict at the conclusion of the state’s evidence, and by denying her motion for […]

404 S.E.2d 299 SOUTHEAST CONSULTANTS, INC. et al. v. O’PRY. A90A1753.Court of Appeals of Georgia. DECIDED MARCH 1, 1991. REHEARING DENIED MARCH 13, 1991. BIRDSONG, Presiding Judge. D. Michael O’Pry sued Benny L. Brunner and Southeast Consultants, Inc., engineering and land surveyors who were subcontractors on O’Pry’s new house, for negligence in performing percolation tests […]

382 S.E.2d 106 GOBER et al. v. HOSPITAL AUTHORITY OF GWINNETT COUNTY (two cases) A89A0240, A89A0241.Court of Appeals of Georgia. DECIDED APRIL 3, 1989. REHEARING DENIED MAY 9, 1989. BANKE, Presiding Judge. These appeals arise from the same litigation which gave rise to Gober v. Nisbet, 186 Ga. App. 264 (367 S.E.2d 68) (1988) (cert. […]

523 S.E.2d 357 IN THE INTEREST OF J. M. S. M., a child. A99A1712.Court of Appeals of Georgia. DECIDED: OCTOBER 6, 1999. JOHNSON, Chief Judge. In order to terminate parental rights, a juvenile court must find clear and convincing evidence of present parental misconduct or inability, not merely evidence of past parental unfitness.[1] The Cobb […]

118 S.E.2d 731 METROPOLITAN LIFE INSURANCE COMPANY v. KOHN. 38445.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1961. Since the evidence demanded the finding that the decedent was not covered under the provisions of the instant group insurance policy on the date of his death, the trial court erred Page 163 in denying the defendant […]

568 S.E.2d 601 PERKINS v. THE STATE. A02A1379.Court of Appeals of Georgia. DECIDED: JULY 10, 2002 ELLINGTON, Judge. A Decatur County jury convicted Talmadge Perkins of robbery by sudden snatching, OCGA § 16-8-40 (a) (3). He appeals from the denial of his motion for new trial, contending the evidence was insufficient to support the judgment […]

354 S.E.2d 703 LUDY v. GIDDENS et al. 73343.Court of Appeals of Georgia. DECIDED MARCH 11, 1987. McMURRAY, Presiding Judge. William Ludy brought this medical malpractice action against defendants on March 26, 1985. Defendants answered the complaint Page 112 and denied the material allegations set forth therein. Thereafter, on September 20, 1985, William Ludy’s attorney […]

251 S.E.2d 144 WILSON v. BETSILL et al. 56487.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1978. DECIDED NOVEMBER 28, 1978. BANKE, Judge. This is an appeal from a judgment on a jury verdict against the appellant for actual and punitive damages for conspiracy, fraud, and deceit. In his brief the appellant Page 261 provides no […]

416 S.E.2d 570 JOEL PROPERTIES, INC. v. REED et al. A91A2135.Court of Appeals of Georgia. DECIDED MARCH 6, 1992. ANDREWS, Judge. The application of Joel Properties, Inc., for interlocutory appeal was granted to consider whether Joel, the builder of the home in which Ms. Reed was injured in a fall, was improperly denied summary judgment. […]

311 S.E.2d 850 IANNICELLI v. IANNICELLI. 67211.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1983. BIRDSONG, Judge. This appeal arises from the trial court’s judgment against appellant/husband on his affidavit of illegality filed in response to appellee/wife’s fi. fa. issued on the alimony provisions of their 1972 divorce decree. The threshold question is whether this […]

227 S.E.2d 917 HALL v. THE STATE. 52310.Court of Appeals of Georgia.SUBMITTED JUNE 8, 1976. DECIDED JUNE 23, 1976. MARSHALL, Judge. Appellant Hall was indicted, tried and convicted of burglary in July, 1973. He was sentenced to serve five years imprisonment. The Supreme Court of this state granted Hall the right to pursue an out-of-time […]

370 S.E.2d 490 IN THE INTEREST OF G. K. J. 76100.Court of Appeals of Georgia. DECIDED MAY 11, 1988. REHEARING DENIED JUNE 8, 1988. CARLEY, Judge. The appellant child in this appeal is represented by the attorney and guardian ad litem who was appointed to represent him pursuant to OCGA § 15-11-85 (a). Appellant brings […]

344 S.E.2d 440 JARRETT v. FORD MOTOR CREDIT COMPANY et al. 71730.Court of Appeals of Georgia. DECIDED MARCH 19, 1986. REHEARING DENIED APRIL 3, 1986. SOGNIER, Judge. Ford Motor Credit Company (Ford Motor) brought this action against Gary Jarrett seeking $1,482.18, the alleged balance due on a lease contract. Jarrett filed a direct appeal from […]

191 S.E.2d 311 KISER et al. v. GEORGIA POWER COMPANY et al. (two cases). 47020, 47021.Court of Appeals of Georgia.ARGUED MARCH 2, 1972. DECIDED JUNE 8, 1972. REHEARING DENIED JUNE 26, 1972. PANNELL, Judge. In the present cases, a condemnation action for an easement on certain lands was brought, which named T. R. Kiser, the […]

298 S.E.2d 304 ROACH v. BARCLAYS AMERICAN/CREDIT, INC. et al. 64745.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1982. POPE, Judge. Plaintiff Velma Jean Roach brings this appeal from an order granting partial summary judgment to defendants, Barclays American/Credit, Inc. and two of its employees, on that part of her complaint seeking recovery for trespass […]

192 S.E.2d 417 CLYATT v. THE STATE. 47078.Court of Appeals of Georgia.ARGUED APRIL 3, 1972. DECIDED JULY 7, 1972. REHEARING DENIED JULY 25, 1972. 1. The motion to suppress was properly overruled. 2. A six-month delay in coming to trial after the indictment, was not a denial of due process under the circumstances of the […]

424 S.E.2d 92 MORGAN v. THE STATE. A92A1531.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1992. COOPER, Judge. Appellant, David Wilson, and appellant’s girl friend, Nancy Wendt were indicted for burglary and robbery by force. Appellant and Wilson were also charged with aggravated assault. All of the charges resulted from the assault and robbery of […]

13 S.E.2d 683 FINLEY v. COASTAL CHEVROLET CORPORATION. 28795.Court of Appeals of Georgia. DECIDED MARCH 14, 1941. Verdict for the defendant on plea of set-off was authorized by evidence. Refusal of new trial was not error. DECIDED MARCH 14, 1941. Complaint; from Glynn superior court — Judge Knox. September 18, 1940. Conyers, Gowen Conyers, for […]

369 S.E.2d 511 FUSSELL v. THE STATE. 76149.Court of Appeals of Georgia. DECIDED MAY 12, 1988. BEASLEY, Judge. Defendant appeals the order overruling her motion for new trial after her conviction of two counts of aggravated assault, OCGA § 16-5-21. Error is assigned on the trial court’s failure to 1) re-charge the jury on accident, […]

104 S.E.2d 485 ROSE v. MORRIS. 37183.Court of Appeals of Georgia. DECIDED JUNE 23, 1958. Under the pleading in this case the trial court did not err in sustaining the general demurrer to the petition. DECIDED JUNE 23, 1958. Page 765 Tort; injuries sustained when struck by golf ball. Fulton Superior Court. Before Judge Pharr. […]

140 S.E.2d 237 HUBBARD v. KENNESAW LIFE ACCIDENT INSURANCE COMPANY. 40929.Court of Appeals of Georgia. DECIDED JANUARY 6, 1965. The trial court did not err in rendering a summary judgment for the defendant. DECIDED JANUARY 6, 1965. Page 871 Action on insurance policy. Monroe Superior Court. Before Judge Brown. W. B. Mitchell, for plaintiff in […]

70 S.E.2d 163 SMITH et al. v. PAYNE, by next friend. 33964.Court of Appeals of Georgia. DECIDED MARCH 19, 1952. 1. Where an issue is made as to whether the injuries received by the plaintiff are permanent or only temporary, and where the judge in his charge to the jury instructed them as to the […]

411 S.E.2d 880 KEMP v. THE STATE. JACKSON v. THE STATE. A91A1203, A91A1658.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1991. POPE, Judge. Defendant Billy Wayne Kemp was convicted of trafficking in cocaine, possession of cocaine with intent to distribute and eluding the Page 630 police. Defendant Mae Willie Jackson, Kemp’s sister, was indicted jointly […]

420 S.E.2d 778 DORTCH v. THE STATE. A92A0638.Court of Appeals of Georgia. DECIDED JUNE 25, 1992. RECONSIDERATION DENIED JULY 7, 1992. CARLEY, Presiding Judge. Appellant was tried before a jury and found guilty of driving on the left side of a roadway in violation of OCGA § 40-6-45 and of driving under the influence in […]

30 S.E.2d 359 FOUNTAIN v. THE STATE. 30362.Court of Appeals of Georgia. DECIDED MAY 25, 1944. The special assignments of error in the petition for certiorari are without merit. The evidence supported the conviction, and the certiorari was properly overruled and denied. DECIDED MAY 25, 1944. Page 192 Certiorari: from Fulton superior court — Judge […]

156 S.E.2d 502 EUBANKS v. ELECTRICAL WHOLESALERS, INC. 42763.Court of Appeals of Georgia.ARGUED MAY 4, 1967. DECIDED MAY 29, 1967. REHEARING DENIED JUNE 21, 1967. Where the issue in the present suit was not determined in a prior suit brought by the defendant against the plaintiff, the doctrine of res judicata is not applicable. ARGUED […]

318 S.E.2d 759 NUNNALLY v. FULTON-DeKALB HOSPITAL AUTHORITY. 67970.Court of Appeals of Georgia. DECIDED MAY 15, 1984. BENHAM, Judge. Appellant, an employee of the Fulton-DeKalb Hospital Authority, was awarded workers’ compensation benefits by an administrative law judge and the State Board of Workers’ Compensation. Upon appeal to the Superior Court of Fulton County, the trial […]

340 S.E.2d 30 LUKE v. THE STATE. 71116.Court of Appeals of Georgia. DECIDED JANUARY 22, 1986. BENHAM, Judge. Appellant was convicted under the habitual violator statute (OCGA § 40-5-58) and of driving under the influence of alcohol Page 519 (OCGA § 4-6-391). On appeal he challenges the sufficiency of the evidence of the former charge […]

187 S.E.2d 533 JOHNSTON v. INVESTMENT SAVINGS COMPANY. 46665.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1971. DECIDED JANUARY 6, 1972. HALL, Presiding Judge. In an action against an officer and sole stockholder of two defunct corporations for the recovery of corporate assets appropriated to his own use, Page 268 the defendant appeals from the grant […]

714 S.E.2d 732 LEWIS v. THE STATE. No. A11A0842.Court of Appeals of Georgia. DECIDED JULY 15, 2011. MIKELL, Judge. Following trial on a six-count indictment, Torrie Antoine Lewis was convicted of armed robbery and burglary and acquitted of aggravated assault and three counts of possession of a firearm during the commission of a crime. On […]

456 S.E.2d 745 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. DRAWDY et al. A94A1945.Court of Appeals of Georgia. DECIDED MARCH 31, 1995. POPE, Presiding Judge. State Farm filed this declaratory judgment action seeking a determination that it is not liable for damages resulting from a January 1, 1990, collision between vehicles driven by Robert Drawdy […]

129 S.E.2d 359 ROOKS v. WHITE et al. 39802.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1962. RUSSELL, Judge. The bill of exceptions assigning error on the judgment of the trial court sustaining the defendants’ motion for summary judgment recites that at the hearing on said motion “defendants introduced testimony and records of the Workmen’s […]

291 S.E.2d 95 CITIZENS TRUST BANK v. TYLER. 63996.Court of Appeals of Georgia. DECIDED MAY 3, 1982. REHEARING DENIED JUNE 16, 1982. BANKE, Judge. The appellant, Citizens Trust Bank, sued the appellee to collect a 60-day promissory note in the principal amount of $3,000. The appellee admitted execution of the note but defended on the […]

197 S.E.2d 749 PINKERTON LAWS COMPANY v. ATLANTIS REALTY COMPANY, INC. 47910.Court of Appeals of Georgia.ARGUED FEBRUARY 8, 1973. DECIDED APRIL 2, 1973. CLARK, Judge. “Finder’s fee” contracts, euphemistically termed “business opportunity agreements” are a fact of life in today’s business world. The extent to which they are used is shown by the annotation on […]

164 S.E.2d 235 FERRY v. COLLINS. 43768.Court of Appeals of Georgia.ARGUED JULY 2, 1968. DECIDED SEPTEMBER 12, 1968. REHEARING DENIED OCTOBER 8, 1968. There being no genuine issue as to a material fact the court did not err in sustaining the defendant’s motion for summary judgment. ARGUED JULY 2, 1968 — DECIDED SEPTEMBER 12, 1968 […]

290 S.E.2d 288 FRANCIS v. PITTMAN; and vice versa. 63274, 63275.Court of Appeals of Georgia. DECIDED APRIL 6, 1982. SHULMAN, Presiding Judge. Pursuant to a final judgment and decree of divorce entered by the Superior Court of DeKalb County in 1976, appellant Robert E. Francis was obligated to pay appellee/cross-appellant Janet L. Pittman $400 per […]

415 S.E.2d 332 SPENCER v. LAMAR COUNTY BOARD OF TAX ASSESSORS. A91A2059.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1992. BEASLEY, Judge. Spencer appeals the dismissal of an appeal to the superior court from a decision of the county board of equalization. In September 1990, Spencer notified the board that he was appealing the tax […]

430 S.E.2d 166 AMERICAN GENERAL LIFE ACCIDENT INSURANCE COMPANY v. FISHER; and vice versa. A92A1786, A92A1787.Court of Appeals of Georgia. DECIDED MARCH 18, 1993. RECONSIDERATION DENIED MARCH 31, 1993. BIRDSONG, Presiding Judge. These appeals arise from the attempted enforcement of restrictive covenants in American General’s field representative employment agreement that Fisher executed. This agreement provides: […]

683 S.E.2d 350 ROSS v. THE STATE. No. A09A0051.Court of Appeals of Georgia. DECIDED JULY 16, 2009. RECONSIDERATION DENIED AUGUST 18, 2009. MIKELL, Judge. Claretha Ross was indicted for one count each of aggravated assault and battery, and two counts of riot in a penal institution, stemming from an altercation with a fellow inmate at […]

505 S.E.2d 53 FLANNAGAN v. CANTRELL. A98A1043.Court of Appeals of Georgia. DECIDED JULY 23, 1998. POPE, Presiding Judge. Appellant Susan Flannagan asserts as her sole enumeration that the trial court erred in adjudicating, without her consent, the issue of her son’s custody in a legitimation action filed by Kenneth Frank Cantrell, the child’s biological father. […]

504 S.E.2d 65 RICHARDSON v. THE STATE. A98A0017.Court of Appeals of Georgia. DECIDED JULY 2, 1998 — CERT. APPLIED FOR. SMITH, Judge. Charlie James Richardson was convicted by a Colquitt County jury of burglary, armed robbery, aggravated assault, and three counts of possession of a firearm during the commission of a felony. He appeals from […]

611 S.E.2d 139 THE STATE v. TOUSLEY. A04A1880.Court of Appeals of Georgia. DECIDED MARCH 3, 2005. ELLINGTON, Judge. Dawn Denise Tousley stands accused in the State Court of Gwinnett County of driving under the influence of alcohol to the extent that it was less safe to drive, OCGA § 40-6-391 (a) (1); driving under the […]

139 S.E.2d 440 WORLD INSURANCE COMPANY v. PEAVY et al. 40890.Court of Appeals of Georgia. DECIDED NOVEMBER 18, 1964. When a publication is susceptible of two constructions, one of which would make it libelous and the other not, it is for the jury to say whether the words are in fact libelous. Under the allegations […]

433 S.E.2d 437 BELLSOUTH ADVERTISING PUBLISHING CORPORATION v. McCOLLUM. A93A0331.Court of Appeals of Georgia. DECIDED JULY 13, 1993. BLACKBURN, Judge. The appellant/plaintiff, BellSouth Advertising Publishing Corporation (BellSouth), brought the instant breach of contract action against the appellee/defendant, Dean McCollum, based upon an alleged order for advertising in the 1990 Yellow Pages placed by defendant. BellSouth […]

370 S.E.2d 640 KIRKLAND et al. v. SOUTHERN DISCOUNT COMPANY et al. 76302.Court of Appeals of Georgia. DECIDED MAY 27, 1988. REHEARING DENIED JUNE 8, 1988. SOGNIER, Judge. In a previous appeal of this case, this court reversed the judgment entered on a jury verdict in favor of Bill and Merlene Kirkland. Southern Discount Co. […]

416 S.E.2d 105 CANAL INSURANCE COMPANY v. WILKES SUPPLY COMPANY, INC. A91A2161.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1992. RECONSIDERATION DENIED FEBRUARY 24, 1992. BIRDSONG, Presiding Judge. Canal Insurance Company appeals a judgment in favor of Wilkes Supply Company, Inc., in an action to collect on a Canal policy for the theft of five […]

290 S.E.2d 179 CURRY v. THE STATE. 63414.Court of Appeals of Georgia. DECIDED APRIL 8, 1982. CARLEY, Judge. Appellant appeals from his conviction of forgery in the first degree. 1. The evidence is sufficient to support the verdict of guilty. “The jury was authorized to disbelieve the appellant’s testimony and to accept the cashier’s testimony […]

246 S.E.2d 512 COALLEY v. THE STATE. 55897.Court of Appeals of Georgia.SUBMITTED JUNE 5, 1978. DECIDED JULY 3, 1978. BANKE, Judge. The appellant was convicted of aggravated assault. He appeals the denial of his motion for new trial, in which he alleged, among other things, the existence of newly discovered evidence which would have produced […]

162 S.E.2d 756 GOLDEN STAR, INC. v. BROYLES INSURANCE AGENCY, INC. 43675.Court of Appeals of Georgia.SUBMITTED JUNE 4, 1968. DECIDED JUNE 26, 1968. QUILLIAN, Judge. Broyles Insurance Agency, Inc. obtained a judgment against H. P. Flanders in the Civil and Criminal Court of Clayton County at its March term 1966. Thereafter, the plaintiff issued a […]

195 S.E.2d 244 LAWRENCE v. EDWARDS et al. 47666.Court of Appeals of Georgia.ARGUED JANUARY 2, 1973. DECIDED JANUARY 26, 1973. QUILLIAN, Judge. Mary Etta G. Lawrence brought suit against four defendants seeking to recover for the alleged wrongful death of her son, Larry Lawrence, who died in an automobile wreck April 5, 1971. He was […]

536 S.E.2d 270 HOLLAND v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. A00A0094.Court of Appeals of Georgia. DECIDED: JUNE 23, 2000. RUFFIN, Judge. David Holland appeals from the trial court’s order setting forth the amount of an attorney fee lien on certain insurance proceeds. For reasons discussed below, we affirm. Many of the relevant facts of […]

203 S.E.2d 705 SEGERSTROM v. AFCO CREDIT CORPORATION. 48723.Court of Appeals of Georgia.SUBMITTED NOVEMBER 6, 1973. DECIDED DECEMBER 5, 1973. EVANS, Judge. AFCO Credit Corporation sued W. L. Segerstrom on open account. Defendant answered and denied the material allegations of the complaint. Plaintiff contends that it had paid insurance premiums to defendant’s insurers in accordance […]

60 S.E.2d 187 ROSEBERRY v. THE STATE. 33068.Court of Appeals of Georgia. DECIDED JUNE 6, 1950. REHEARING DENIED JUNE 21, 1950. GARDNER, J. Heretofore, about January 9, 1948, the defendant, Mrs. Edna Roseberry, was convicted on two counts charging her with the ill-treatment of two minor children. By bill of exceptions she brought that case […]

279 S.E.2d 726 COLLINS v. THE STATE. 61392.Court of Appeals of Georgia. DECIDED APRIL 9, 1981. SOGNIER, Judge. Collins was convicted of aggravated assault. On appeal, he contends the trial court erred by charging the jury, over objection, on flight, as the evidence does not support such a charge. The evidence shows that appellant was […]

78 S.E.2d 809 WADE v. HOPPER. 34762.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1953. 1. The Superior Court of Houston County has jurisdiction for the reasons set out in division 1 of this opinion. 2. The petition as amended is sufficient as against the general demurrers. 3. In a suit for damages for breach […]

390 S.E.2d 669 STEERMAN v. AMERICAN STATES INSURANCE COMPANY. A90A0240.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1990. BIRDSONG, Judge. This appeal concerns the grant of summary judgment to Maria Gutierrez on Steerman’s claims against Gutierrez arising from an automobile accident. American States Insurance Company is Steerman’s uninsured motorist insurance carrier and has filed pleadings […]