Category: Georgia Supreme Court Opinions

160 S.E.2d 906 GENERAL MOTORS CORPORATION v. JENKINS, by Guardian. 43165.Court of Appeals of Georgia.ARGUED NOVEMBER 9, 1967. DECIDED MARCH 14, 1968. REHEARING DENIED MARCH 29, 1968. Under the provisions of Code § 3-510 the plaintiff could not dismiss his action if such dismissal would prejudice any right of the defendant. ARGUED NOVEMBER 9, 1967 […]

205 S.E.2d 463 BRADLEY v. THE STATE. 49085.Court of Appeals of Georgia.SUBMITTED FEBRUARY 5, 1974. DECIDED MARCH 13, 1974. CLARK, Judge. This appeal is limited to review of an order denying a motion to suppress in which the trial judge has granted the requisite certificate. The evidence consisted of 40 paper bags containing more than […]

318 S.E.2d 682 CHRISTMAS v. THE STATE. 68275.Court of Appeals of Georgia. DECIDED APRIL 27, 1984. REHEARING DENIED MAY 15, 1984. DEEN, Presiding Judge. Appellant Otis Christmas was tried on a charge of trafficking in marijuana, found guilty, and sentenced to five years’ incarceration in the State prison and a $25,000 fine plus court costs. […]

534 S.E.2d 173 VARGAS v. THE STATE. A00A1133.Court of Appeals of Georgia. DECIDED: APRIL 27, 2000. ELDRIDGE, Judge. This is an appeal from a judgment absolute entered for the forfeiture of a $5,000 criminal appearance cash bond. The procedural history is as follows: In October of 1991, defendant Perta Lopez Vargas, a native of Mexico […]

384 S.E.2d 891 LAW v. LAW. A89A0301.Court of Appeals of Georgia. DECIDED JUNE 30, 1989. REHEARING DENIED JULY 18, 1989. BIRDSONG, Judge. This appeal concerns the determination of the beneficiary’s right to proceeds of a Federal Employees Group Life Insurance (FEGLI) policy issued by the Metropolitan Life Insurance Company (Metropolitan). The appellant, Mary E. Law, […]

332 S.E.2d 385 GREEN v. THE STATE. 69910.Court of Appeals of Georgia. DECIDED JUNE 10, 1985. BENHAM, Judge. Appellant was tried on three counts of aggravated assault and found guilty but mentally ill. He brings this appeal from the judgment entered on the jury’s verdicts. 1. Appellant’s motion for directed verdicts of acquittal on two […]

478 S.E.2d 421 WORTHY v. THE STATE. A96A2107.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1996. McMURRAY, Presiding Judge. Defendant Worthy appeals his conviction of a violation of the Georgia Controlled Substances Act, selling cocaine. Held: Page 613 1. The first two enumerations of error relate to the dismissal of a juror, who had been […]

243 S.E.2d 274 SANDERS et al. v. THE STATE. 55077.Court of Appeals of Georgia.ARGUED JANUARY 11, 1978. DECIDED FEBRUARY 9, 1978. REHEARING DENIED FEBRUARY 28, 1978. WEBB, Judge. Douglas Gordon and Mark Sanders, convicted of enticing a child for indecent purposes, insist on appeal Page 74 that the verdict of guilty is not supported by […]

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 […]

293 S.E.2d 726 WHITE et al. v. OLDERMAN REALTY DEVELOPMENT COMPANY. 64123.Court of Appeals of Georgia. DECIDED JULY 13, 1982. McMURRAY, Presiding Judge. This case involves the dismissal of a notice of appeal with reference to a verdict and judgment in a foreclosure of a mechanic’s and materialman’s lien. Therein a money judgment was awarded […]

583 S.E.2d 191 PRATHER v. THE STATE A03A0413.Court of Appeals of Georgia. June 5, 2003 SMITH, Chief Judge. On April 4, 2002, Darrin Lamar Prather was indicted on one count each of family violence battery and obstruction of an officer. He filed a demand for speedy trial on July 23, 2002, which was dismissed on […]

278 S.E.2d 85 HOLIDAY INNS, INC. v. NEWTON et al. 60815.Court of Appeals of Georgia. DECIDED FEBRUARY 10, 1981. SOGNIER, Judge. Larry Newton (appellee) sued Holiday Inns, Inc. (appellant), Barrett Properties, a franchisee of Holiday Inns, Inc., and James Irwin Stanley for injuries suffered when he was assaulted by Stanley outside the Shangri-La Lounge operated […]

282 S.E.2d 225 CARTER v. FOSTER. 61787.Court of Appeals of Georgia. DECIDED MAY 29, 1981. SHULMAN, Presiding Judge. Plaintiff, the father of a minor child, appeals the denial of his petition for a change in custody. Custody had been awarded to defendant, the former wife of the plaintiff. Plaintiff sought to modify that award, contending […]

28 S.E.2d 174 ROBERTS v. WILKERSON et al. 30174.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1943. MacINTYRE, J. The only issue involved in the instant case is the question of a marriage vel non as claimed by the applicant for a year’s support, and denied by the caveators. The defendant in error contends that […]

202 S.E.2d 270 ALLIS-CHALMERS CREDIT CORPORATION v. McGILL. 48436.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1973. DECIDED OCTOBER 19, 1973. EBERHARDT, Presiding Judge. In this suit to recover a deficiency judgment against the purchaser of heavy duty equipment under a retail instalment contract, the property having been repossessed and sold at public sale after default […]

21 S.E.2d 478 WILLIAMS v. MARYLAND CASUALTY COMPANY et al. 29520.Court of Appeals of Georgia. DECIDED JULY 16, 1942. 1. Where a person who is afflicted with arteriosclerosis and heart disease is engaged at work in a narrow, deep ditch in calking a pipe which necessitates the use, in a cramped and stooped-over position, of […]

169 S.E.2d 678 POTTS, Executrix v. STATE HIGHWAY DEPARTMENT. 44314.Court of Appeals of Georgia.ARGUED MARCH 4, 1969. DECIDED JULY 15, 1969. REHEARING DENIED JULY 29, 1969. DEEN, Judge. The sole question in this condemnation case, it having been stipulated that consequential damages to the land not taken were exceeded by consequential benefits, is whether the […]

448 S.E.2d 490 MANSFIELD v. THE STATE. A94A1042.Court of Appeals of Georgia. DECIDED AUGUST 26, 1994. BLACKBURN, Judge. Everett Darryl Mansfield appeals his conviction by a jury of five counts of cruelty to children. On appeal, Mansfield contends that the trial court erred in denying his motion for a new trial. 1. In his first […]

555 S.E.2d 33 STEWARD v. THE STATE. A01A1118.Court of Appeals of Georgia. DECIDED: SEPTEMBER 27, 2001 POPE, Presiding Judge. During Michael Steward’s trial on counts of rape, incest and two counts of aggravated sodomy, the court declared a mistrial when the state’s expert witness introduced evidence that violated the ultimate issue rule. Steward then filed […]

570 S.E.2d 683 ALLEN v. THE STATE. A02A1599.Court of Appeals of Georgia. DECIDED AUGUST 30, 2002 PHIPPS, Judge. A jury convicted Clinton D. Allen of driving under the influence of alcohol to the extent that he was a less safe driver. Allen appeals, contending that the evidence was insufficient to support his conviction and that […]

17 S.E.2d 605 GEORGIA SECURITIES COMPANY v. WARD. 29129.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1941. 1. A judgment against a defendant is not subject to be set aside on the ground that the petition failed to set out a cause of action where the defect which rendered the petition insufficient to set out […]

213 S.E.2d 119 McNEILL v. THE STATE. 49874.Court of Appeals of Georgia.SUBMITTED NOVEMBER 4, 1974. DECIDED JANUARY 21, 1975. REHEARING DENIED FEBRUARY 20, 1975. QUILLIAN, Judge. The defendant was indicted in 3 counts for the violation of the Uniform Narcotic Drug Act. The jury returned a verdict of guilty on all 3 counts and sentenced […]

369 S.E.2d 342 TUTTLE v. AMERICA FIRST INSURANCE COMPANY. 75933.Court of Appeals of Georgia. DECIDED MAY 5, 1988. BEASLEY, Judge. Tuttle appeals from the grant of plaintiff America First Insurance Company’s motion for summary judgment in an action for declaratory judgment which sought a determination of coverage under a homeowner’s policy issued to Wayne Simpson. […]

306 S.E.2d 757 JACKSON v. THE STATE. 66270.Court of Appeals of Georgia. DECIDED JULY 15, 1983. McMURRAY, Presiding Judge. Defendant was indicted in two counts for burglary and rape with reference to the same female victim occurring on December 15, 1981, and in an additional count for aggravated assault occurring on January 13, 1982. The […]

552 S.E.2d 536 CITY OF COLUMBUS v. BARNGROVER et al. BL-017 A01A0341.Court of Appeals of Georgia. DECIDED: JULY 16, 2001. BLACKBURN, Chief Judge. In this case for continuing nuisance, trespass, and inverse condemnation resulting from a system of improperly maintained water and sewage drainage pipes, the City of Columbus appeals the jury’s award of damages […]

86 S.E.2d 697 AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. v. CASEY. 35545.Court of Appeals of Georgia. DECIDED MARCH 18, 1955. CARLISLE, J. 1. Although, in workmen’s compensation cases, the burden of proof is on the claimant to show that the injury to the employee arose both out of and in the course of his […]

39 S.E.2d 759 POWELL et al., receivers, v. DELOACH. 31318.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1946. The overruling of the motion for a new trial, embracing the general grounds only, was not error. DECIDED OCTOBER 17, 1946. Damages; from Evans Superior Court — Judge Price. April 3, 1946. P. M. Anderson, for plaintiffs […]

415 S.E.2d 54 THE STATE v. OLIVER. A91A2039.Court of Appeals of Georgia. DECIDED JANUARY 29, 1992. BIRDSONG, Presiding Judge. The State appeals from the trial court’s order which dismissed a count of an indictment alleging John Bradley Oliver violated OCGA § 40-5-58 (c) because the 1990 amendment to OCGA § 40-5-58 eliminated convictions for driving […]

427 S.E.2d 835 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. YOUNG. A92A2163.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1993. BLACKBURN, Judge. In 1988, State Farm Mutual Automobile Insurance Company issued two automobile insurance policies to Phillip Young, which provided Page 356 no-fault coverage with limits of $25,000, and medical payment coverage of $10,000 in […]

145 S.E.2d 743 TURNER v. TOMBERLIN-SHEETZ ARCHITECTS, INC. et al. 41587.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1965. DECIDED NOVEMBER 3, 1965. REHEARING DENIED NOVEMBER 18, 1965. A charge which materially misstates the contentions of the prevailing party, and tends to confuse the jury as to those contentions and as to the real issues in […]

294 S.E.2d 581 WANAMAKER v. ESTHER WYNNE REALTY ASSOCIATES, INC. 63854.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1982. POPE, Judge. Remler Henderson, attorneys at law, filed a complaint for interpleader and declaratory relief against Esther Wynne Realty Associates, Inc. (hereinafter “Wynne”) and Kenneth R. Wanamaker. Remler Henderson had acted as settlement and escrow agents […]

423 S.E.2d 429 KING v. THE STATE. A92A0885.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1992. RECONSIDERATION DENIED OCTOBER 16, 1992. JOHNSON, Judge. Michael King was convicted of driving under the influence of alcohol, failure to maintain lane and driving with an expired tag. He appeals from the conviction and the denial of his motion […]

176 S.E.2d 243 BEARDEN v. STATE OF GEORGIA. BONNER v. STATE OF GEORGIA. 45397, 45398.Court of Appeals of Georgia.ARGUED JUNE 4, 1970. DECIDED JUNE 12, 1970. EBERHARDT, Judge. Defendants, as juveniles, were found beyond a reasonable doubt to be in a state of delinquency from the commission of the offense of rape upon a thirteen-year-old […]

225 S.E.2d 924 BARKER v. COASTAL STATES LIFE INSURANCE COMPANY. 51866.Court of Appeals of Georgia.ARGUED MARCH 1, 1976. DECIDED MARCH 18, 1976. MARSHALL, Judge. In this appeal the insured appellant contests the validity of a “co-ordination of benefits” provision in an insurance policy. Appellant’s husband incurred substantial medical expenses for the treatment of cancer from […]

225 S.E.2d 61 BUCKLES et al. v. THE STATE. 51558.Court of Appeals of Georgia.ARGUED JANUARY 14, 1976. DECIDED FEBRUARY 3, 1976. REHEARING DENIED FEBRUARY 27, 1976. QUILLIAN, Judge. On this court’s grant of application for interlocutory appeal, we consider the trial judge’s denial of a motion to sever and a motion to quash the indictment. […]

711 S.E.2d 420 THE STATE v. KENDRICK. No. A11A0661.Court of Appeals of Georgia. DECIDED JUNE 13, 2011. PHIPPS, Presiding Judge. Charged with the burglary of a dwelling house of another with the intent to commit a theft therein, Michael Kendrick moved to exclude statements he made to a police patrol officer and to a police […]

246 S.E.2d 462 DIVERSIFIED ONE INVESTORS LIMITED v. ARCHWAY PROPERTIES, INC. et al. 56026.Court of Appeals of Georgia.SUBMITTED JUNE 8, 1978. DECIDED JUNE 27, 1978. WEBB, Judge. In this suit filed by Archway against Diversified and Decatur Federal Savings in four counts, the trial court granted a default judgment upon Counts 1, 2 and 3 […]

252 S.E.2d 653 FLEMING et al. v. FEDERAL LAND BANK OF COLUMBIA. 57074.Court of Appeals of Georgia.SUBMITTED JANUARY 3, 1979. DECIDED JANUARY 9, 1979. REHEARING DENIED JANUARY 25, 1979. WEBB, Judge. In this confirmation proceeding the land foreclosed was initially sold in October, 1976 for $106,422, or $700 an acre, which the trial court found […]

293 S.E.2d 724 CAPITOL T. V. SERVICE, INC. et al. v. DERRICK. 64359.Court of Appeals of Georgia. DECIDED JULY 13, 1982. DEEN, Presiding Judge. Appellants, Capitol T.V. Service, Inc., and George Comer, appeal from a judgment awarding Rod Derrick $7,000 in damages for assault and battery. 1. Appellants first contend that the trial court erred […]

568 S.E.2d 578 IRWIN COUNTY v. OWENS. A02A0592.Court of Appeals of Georgia. DECIDED: JULY 3, 2002 PHIPPS, Judge. Patricia Owens sued Irwin County, alleging that without her permission, the County had constructed a wide road across her property, dug deep ditches alongside the road, and destroyed numerous trees and bushes. The County claimed ownership of […]

283 S.E.2d 690 MASON et al. v. DEPARTMENT OF TRANSPORTATION. 62331.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1981. BANKE, Judge. The Department of Transportation took .036 acre of land owned by the condemnee, as well as certain temporary construction easements, for use in widening an existing highway. The department already owned the necessary right-of-way […]

163 S.E.2d 857 BURSON, Director v. JOHNSON. 43845.Court of Appeals of Georgia.ARGUED SEPTEMBER 5, 1968. DECIDED SEPTEMBER 24, 1968. To have re-instated a driver’s license which has been revoked under the provisions of Code Ann. § 92A-605, it is necessary that the licensee comply with the condition precedent in regard to furnishing proof of financial […]

284 S.E.2d 630 HORNSBY v. THE STATE. 62254.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1981. REHEARING DENIED SEPTEMBER 23, 1981. CARLEY, Judge. Appellant was indicted for the offense of escape in that “after having been convicted of [three] violations of municipal ordinances of the City of LaGrange, Georgia, . . . [he did] intentionally […]

206 S.E.2d 553 BLACKSTONE v. THE STATE. 49205.Court of Appeals of Georgia.ARGUED APRIL 1, 1974. DECIDED APRIL 23, 1974. BELL, Chief Judge. The notice of appeal, filed on October 15, 1973, designated that a transcript of evidence would be included in the record on appeal. The transcript was not filed with the trial court clerk […]

138 S.E.2d 441 T. C. A. RADIO TOWER COMPANY, INC. v. S. J. DURRANCE COMPANY, INC. 40844.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1964. PANNELL, Judge. Upon submission of the case to the trial judge without the intervention of a jury, the evidence, though conflicting, was sufficient to authorize the judgment against the defendant […]

552 S.E.2d 495 SMITH et al. v. GEORGIA KAOLIN COMPANY, INC. et al. A01A0702.Court of Appeals of Georgia. DECIDED: JULY 10, 2001. BLACKBURN, Chief Judge. In the third appellate appearance of this case involving the misappropriation of minerals and mineral rights, John W. Smith, individually and as the executor of the estate of Ruth Evelyn […]

515 S.E.2d 868 CALDWELL v. THE STATE. A99A0553.Court of Appeals of Georgia. DECIDED: APRIL 8, 1999 BLACKBURN, Presiding Judge. Defendant Thomas Caldwell appeals his conviction, following a jury trial, of aggravated assault. Caldwell contends that the trial court erred (1) by denying his motion for directed verdict of acquittal, (2) by allowing the admission of […]

356 S.E.2d 903 HIERS-WRIGHT ASSOCIATES, INC. v. MANUFACTURERS HANOVER MORTGAGE CORPORATION et al. 74137.Court of Appeals of Georgia. DECIDED APRIL 28, 1987. McMURRAY, Presiding Judge. Plaintiff Hiers-Wright Associates, Inc., a general contractor, brought suit in the Superior Court of Fulton County against Manufacturers Hanover Mortgage Corporation, South Hills Associates, a Michigan limited partnership, Steven J. […]

222 S.E.2d 664 UNITED FAMILY LIFE INSURANCE COMPANY v. DeKALB COUNTY. 49950.Court of Appeals of Georgia.ARGUED NOVEMBER 6, 1974. DECIDED DECEMBER 2, 1975. EVANS, Judge. In United Family Life Ins. Co. v. DeKalb County, 134 Ga. App. 1 (213 S.E.2d 123), this court remanded the case for a determination as to whether any funds involved […]

217 S.E.2d 384 STATON et al. v. THE STATE. 50649.Court of Appeals of Georgia.SUBMITTED MAY 8, 1975. DECIDED JUNE 9, 1975. QUILLIAN, Judge. The appellants were tried and convicted of aggravated assault and attempted armed robbery. An appeal was filed and the case is here for review. Held: 1. The first enumeration of error contends […]

703 S.E.2d 354 VOLZ v. THE STATE. No. A10A1677.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 2010. ANDREWS, Presiding Judge. Carlton Martin Volz III was indicted for the felony offense of failing to comply with requirements of OCGA § 42-1-12 relating to the state sexual offender registry. The indictment charged that, after he registered his […]

126 S.E.2d 280 TRAVELERS INSURANCE COMPANY et al. v. BOYER. 39445.Court of Appeals of Georgia. DECIDED APRIL 11, 1962. REHEARING DENIED APRIL 27, 1962. Where an award of compensation, based upon a change of the employee’s condition, is supported by any competent evidence it is binding on the courts, and it is error for the […]

368 S.E.2d 784 HARVEY v. MOORE et al. MEMORIAL MEDICAL CENTER, INC. et al. v. MOORE et al. 76155, 76156.Court of Appeals of Georgia. DECIDED APRIL 5, 1988. REHEARING DENIED APRIL 20, 1988. BANKE, Presiding Judge. The appellees filed a wrongful-death action to recover for the loss of their son due to alleged medical malpractice […]

534 S.E.2d 145 SWAN KANG, INC. v. TAE SANG KANG (YI). A00A0378.Court of Appeals of Georgia. DECIDED: APRIL 21, 2000. RUFFIN, Judge. Swan Kang, Inc. sued Tae Sang Kang (Yi) for breach of a contract to purchase a liquor store. Swan Kang claimed that Yi owed it $20,000 in liquidated damages under the contract, as […]

7 S.E.2d 575 CRANDALL v. SAMMONS. 27884.Court of Appeals of Georgia. DECIDED JANUARY 31, 1940. REHEARING DENIED MARCH 6, 1940. 1. Under the law and the evidence the charge of the court that the plaintiff could not recover if by the exercise of ordinary care he could have avoided the consequences of the defendant’s negligence […]

616 S.E.2d 489 McKEEHAN v. THE STATE. A05A0720.Court of Appeals of Georgia. DECIDED JUNE 23, 2005. BARNES, Judge. Following the denial of his motion for new trial, James L. McKeehan appeals his convictions for rape, aggravated assault, kidnapping with bodily injury, kidnapping, two counts of false imprisonment, and burglary. He contends that the evidence was […]

402 S.E.2d 132 SINGLETON v. THE STATE. A90A2316.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1991. BIRDSONG, Presiding Judge. Rickey Singleton pleaded guilty under three indictments to offenses including forgery and robbery, numbered 232, 517, and 516. The trial court apparently did not award Singleton the sentence on the robbery count for which he had […]

350 S.E.2d 281 UHLER v. THE STATE. BRIDGES v. THE STATE. 72587, 72588.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1986. REHEARING DENIED NOVEMBER 6, 1986. McMURRAY, Presiding Judge. George Randolph Bridges and James R. Uhler (defendants) were charged in a three-count indictment with commercial gambling and communicating gambling information. Defendant Uhler was also charged […]

110 S.E.2d 434 AUSTIN v. THE STATE. 37767.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1959. 1. The evidence on this indictment for assault and battery was amply sufficient to support the finding that the defendant assaulted and beat the prosecutor unconscious by means of a pistol, after forcing his automobile off the road. The […]

414 S.E.2d 696 GENTRY v. THE STATE. A91A2021.Court of Appeals of Georgia. DECIDED JANUARY 9, 1992. McMURRAY, Presiding Judge. Via indictment, defendant was accused of theft by deception in violation of OCGA § 16-8-3. More specifically, the indictment charged that “on or about [the] 18th day of July, 1986,” defendant “did unlawfully … obtain United […]

410 S.E.2d 776 STARR v. WIMBUSH. A91A0872.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1991. RECONSIDERATION DENIED SEPTEMBER 24, 1991. POPE, Judge. Plaintiff Kenneth Starr was allegedly injured in an automobile collision involving defendant Ralph W. Wimbush on January 28, 1987. Plaintiff filed an action for personal injury on January 25, 1989, two days before […]

436 S.E.2d 28 HIGHTOWER v. THE STATE. A93A1532.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1993. RECONSIDERATION DISMISSED SEPTEMBER 24, 1993. BIRDSONG, Presiding Judge. Andrew Lee Hightower was tried before a jury and found guilty of possession of cocaine with intent to distribute. He appeals from the judgment of conviction and sentence. In three related […]

694 S.E.2d 193 GEORGIA STATE FINANCING INVESTMENT COMMISSION v. XL SPECIALITY INSURANCE COMPANY. FIREMAN’S FUND INSURANCE COMPANY v. BONITZ OF GEORGIA, INC. et al. A10A0504, A10A0581Court of Appeals of Georgia, Third Division. DECIDED: APRIL 7, 2010 BLACKBURN, Presiding Judge. In this breach-of-construction-contract action, owner Georgia State Financing Investment Commission (“GSFIC”) appeals in Case No. A10A0504 […]

555 S.E.2d 877 MANSOUR PROPERTIES L.L.C. et al. v. REINHARDT COLLEGE, INC. Ru-048 A01A1059.Court of Appeals of Georgia. DECIDED: OCTOBER 31, 2001 RUFFIN, Judge. Reinhardt College sold approximately 162 acres of land to I-85/Ga. 20 Ventures (Ventures). The sales contract provided that a four percent commission would be paid to Perimeter Properties, Inc., the broker […]

37 S.E.2d 173 DODYS v. THE STATE. 31008.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1946. 1. Where the judge satisfied himself that a juror was incompetent, in that he had been convicted of a crime involving moral turpitude, and then set the juror aside and proceeded regularly until the other jurors were selected and […]

511 S.E.2d 596 COLE v. LIFE INSURANCE COMPANY OF GEORGIA et al. A98A1868.Court of Appeals of Georgia. DECIDED: FEBRUARY 4, 1999 BLACKBURN, Judge. Mae Elizabeth Cole appeals the trial court’s order granting the defendants’ motion for summary judgment in the underlying action for additional accidental death benefits. The trial court determined that the insurance policy […]

431 S.E.2d 412 BACHE v. THE STATE. A93A0156.Court of Appeals of Georgia. DECIDED MAY 3, 1993. McMURRAY, Presiding Judge. Defendant was charged, via accusation, for operating a moving vehicle under the influence of alcohol to an extent that it was less safe for him to drive (Count 1) and driving a moving vehicle with an […]

69 S.E.2d 686 BURKS v. GREEN et al. 33919.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1952. Where one supplies another with an automobile to be used by the latter, who is not qualified to drive it, which is known to the owner, and injury results to a third person by reason of the incompetence […]

534 S.E.2d 132 BURGE v. STATE. A00A0618.Court of Appeals of Georgia. DECIDED: APRIL 20, 2000. PHIPPS, Judge. Henry Burge appeals his convictions for obstruction of an officer and riot in a penal institution. He challenges the sufficiency of the evidence to support the jury’s verdict. After review of the record, we find the evidence was […]

282 S.E.2d 399 BURGESS et al. v. JONES. 61428.Court of Appeals of Georgia. DECIDED JUNE 17, 1981. McMURRAY, Presiding Judge. A default judgment was rendered in favor of Randolph M. Jones, Sr., against Kenneth E. Burgess in the amount of $2,645.64 principal, and $396.85 as attorney fees, which was granted on May 16, 1977. On […]

324 S.E.2d 767 DAVIS v. THE STATE. 68335.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1984. CARLEY, Judge. A five-count accusation was filed against appellant, charging him with violations of the State’s liquor laws. Appellant waived trial by Page 788 jury, and, at his ensuing bench trial, was found guilty on three counts. He appeals […]

257 S.E.2d 324 CORN v. CULPEPPER SALES. 57530.Court of Appeals of Georgia.ARGUED APRIL 3, 1979. DECIDED JUNE 5, 1979. DEEN, Chief Judge. Culpepper Sales brought suit against Ms. Corn alleging an account indebtedness arising out of two retail Page 198 installment contracts. Appellant answered denying the indebtedness and counterclaimed alleging that the contracts violated Regulation […]

119 S.E.2d 592 WRIGHT v. LEGG (two cases). 38775, 38776.Court of Appeals of Georgia. DECIDED APRIL 5, 1961. Where a petition anticipates a defense, such defense must be successfully refuted, otherwise the petition is subject to general demurrer. DECIDED APRIL 5, 1961. Actions for damages. Floyd Superior Court. Before Judge Hicks. L. N. Legg and […]

161 S.E.2d 897 SUMMERVILLE v. THE STATE. 43585.Court of Appeals of Georgia.ARGUED APRIL 3, 1968. DECIDED MAY 3, 1968. 1. Where the witness observed an automobile which passed the car he was driving about 25 yards before it collided with the car of the decedent, admission of testimony as to his opinion of the speed […]

240 S.E.2d 180 JACKSON v. THE STATE. 54426.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1977. DECIDED NOVEMBER 4, 1977. WEBB, Judge. Euberta Jackson, indicted for murder, was convicted of voluntary manslaughter. On appeal she enumerates as error (1) the admission of testimony by two law enforcement officers as to certain statements made by her prior […]

105 S.E.2d 508 THOMPSON v. CENTRAL OF GEORGIA RAILWAY COMPANY et al. 37227.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1958. REHEARING DENIED SEPTEMBER 22, 1958. CARLISLE, Judge. 1. Under the terms of the act of 1946 (Ga. L. 1946, p. 90) providing a procedure for the granting of total divorces and providing that, if […]

651 S.E.2d 771 RUTHERFORD v. DeKALB COUNTY. No. A07A1604.Court of Appeals of Georgia. DECIDED AUGUST 28, 2007. BLACKBURN, Presiding Judge. In this personal injury action arising from DeKalb County’s alleged failure to maintain a water meter cover, Donna Rutherford appeals the trial court’s dismissal of her claims, arguing (1) that the County is liable for […]

330 S.E.2d 911 MADDOX et al. v. THE STATE. 69935.Court of Appeals of Georgia. DECIDED APRIL 25, 1985. REHEARING DENIED MAY 8, 1985. CARLEY, Judge. Appellants were jointly indicted and tried for armed robbery. The jury returned guilty verdicts and appellants appeal from the judgments of conviction and sentences entered thereon. 1. Appellants enumerate the […]

45 S.E.2d 291 MOTOR CONTRACT DIVISION OF TRUSCO FINANCE COMPANY v. SOUTHERN COTTON OIL COMPANY. 31781.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1947. Notes secured by bills of sale, given for an existing indebtedness evidenced by a note and bill of sale to the same property, are not given for a new consideration, although […]

360 S.E.2d 8 DIXON v. DIXON. 74153.Court of Appeals of Georgia. DECIDED JUNE 16, 1987. REHEARING DENIED JULY 21, 1987. McMURRAY, Presiding Judge. This is a child custody case. The father and mother were divorced on April 17, 1981, and custody of the child, an infant at the time of the divorce, was awarded to […]

188 S.E.2d 813 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. HARPER et al. 46454.Court of Appeals of Georgia.ARGUED SEPTEMBER 13, 1971. DECIDED MARCH 10, 1972. 1. In this case the plaintiffs met the statutory definition of insureds (Code § 56-407A) under the provisions of two separate and distinct policies which listed two different automobiles owned […]

641 S.E.2d 684 TIG SPECIALTY INSURANCE COMPANY v. BROWN et al. No. A06A1710.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 2007. MILLER, Judge. In December 2000, Johnny B. Brown was accidentally injured while working for Dust-Away, Inc. At that time, TIG Specialty Insurance Company (“TIG”) provided workers’ compensation insurance coverage for Dust-Away, but Zenith Insurance […]

28 S.E.2d 822 BURRELL et al. v. THE STATE. 30379.Court of Appeals of Georgia. DECIDED JANUARY 29, 1944. BROYLES, C. J. Ray Burrell and Ralph Burrell were convicted of the offense of arson. The evidence amply authorized the jury to find that the house in question was set on fire and burned by some criminal […]

416 S.E.2d 524 PRUITT v. THE STATE. A91A2008.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1992. RECONSIDERATION DENIED MARCH 2, 1992. BEASLEY, Judge. Pruitt pled guilty to driving under the influence of alcohol to the extent that it was less safe for him to drive, OCGA §40-6-391 (a) (1); driving with a blood alcohol concentration […]

331 S.E.2d 115 MOORE v. THE STATE. 70077.Court of Appeals of Georgia. DECIDED MAY 22, 1985. POPE, Judge. David Lee Moore brings this appeal from his convictions of robbery and aggravated assault. Held: 1. Appellant first challenges the legality of his arrest without a warrant. The testimony of Atlanta Police Officer McDonald shows that while […]

196 S.E.2d 358 PHILPOT v. THE STATE. 47851.Court of Appeals of Georgia.ARGUED FEBRUARY 5, 1973. DECIDED FEBRUARY 19, 1973. DEEN, Judge. Philpot was indicted for armed robbery and convicted of robbery by intimidation. He filed his appeal to the Supreme Court which, by opinion dated October 23, 1972 (Case No. 27360) transferred it to this […]

645 S.E.2d 658 McTAGGART v. THE STATE. No. A07A0764.Court of Appeals of Georgia. DECIDED APRIL 26, 2007. JOHNSON, Presiding Judge. A jury found Glenn McTaggart guilty of trafficking in methamphetamine and possession of a firearm by a convicted felon. McTaggart appeals, alleging the trial court erred in denying his motion to suppress, the evidence was […]

19 S.E.2d 40 HALL v. THE STATE. 29264.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1942. The court did not err in overruling the motion for new trial. DECIDED FEBRUARY 26, 1942. Violating liquor law; from Statesboro city court — Judge Kirkland. July 10, 1941. The defendant was convicted in the city court of Statesboro […]

115 S.E.2d 487 LORENZ v. DEKALB COUNTY. 38291.Court of Appeals of Georgia. DECIDED JUNE 29, 1960. GARDNER, Presiding Judge. Paul Raymond Lorenz filed a suit against certain named members of the Board of Education of DeKalb County, Cleve E. Bradley and Rex E. Coger, a partnership, and against DeKalb County. This was a suit for […]

579 S.E.2d 827 DEPARTMENT OF TRANSPORTATION v. FEDERAL EXPRESS CORPORATION. A01A2476.Court of Appeals of Georgia. Decided March 19, 2003 MILLER, Judge. In Dept. of Transp. v. Montgomery Tank Lines, 276 Ga. 105 (575 S.E.2d 487) (2003), the Supreme Court affirmed in part and vacated in part this Court’s decision in Dept. of Transp. v. Federal […]

656 S.E.2d 165 ROACH v. THE STATE. No. A07A1837.Court of Appeals of Georgia. DECIDED DECEMBER 14, 2007. BERNES, Judge. Following a bench trial, Tony Lane Roach was convicted of criminal trespass. Roach appeals, contending the evidence was insufficient to support his conviction. We agree and therefore reverse.[1] Page 24 On appeal from a criminal conviction, […]

605 S.E.2d 427 HEATH v. THE STATE. A04A1455.Court of Appeals of Georgia. DECIDED OCTOBER 4, 2004. BARNES, Judge. Harry Heath appeals from his rape, aggravated child molestation, and child molestation convictions, contending the trial court abused its discretion by denying him a continuance and refusing to dismiss a juror for cause. Finding no abuse of […]

634 S.E.2d 518 ALLEN et al. v. WRIGHT. No. A06A0662.Court of Appeals of Georgia. DECIDED JULY 14, 2006. ADAMS, Judge. Ernestine C. Wright filed a medical malpractice action against Thomas M. Allen, M.D., his professional corporation, Four Rivers Orthopedic Associates, P.C., and Meadows Regional Medical Center, Inc. Purporting to comply with OCGA §9-11-9.2, Wright executed […]

280 S.E.2d 354 SENTRY INDEMNITY COMPANY v. SHARIF; and vice versa. 60016, 60017.Court of Appeals of Georgia.ARGUED OCTOBER 17, 1979. DECIDED DECEMBER 5, 1980. REHEARING DENIED DECEMBER 19, 1980. SMITH, Judge. Appellant Sharif brought an action seeking actual and punitive damages for appellant’s alleged bad faith refusal to pay a claim. The claim arose out […]

461 S.E.2d 550 SMITH et al. v. CITY OF LaGRANGE. A95A1158.Court of Appeals of Georgia. DECIDED AUGUST 16, 1995. RECONSIDERATION DENIED AUGUST 24, 1995. CERT. APPLIED FOR. BLACKBURN, Judge. Plaintiffs, Trubee Smith, Raymond Anderson, and William Stephens, appeal the trial court’s order which granted defendant’s motion for summary judgment. Plaintiffs brought the underlying action alleging […]

275 S.E.2d 750 ABLES v. THE STATE. 60811.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1980. DECIDED DECEMBER 3, 1980. SHULMAN, Judge. Defendant was charged with and found guilty of simply battery, in that he intentionally made physical contact of an insulting nature with the prosecutrix. We affirm. Page 679 1. The prosecutrix testified that defendant, […]

294 S.E.2d 721 COLLINS v. THE STATE. 64116.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1982. SOGNIER, Judge. Sale of methaqualone and sale of marijuana. 1. Appellant contends the trial court erred by admitting the methaqualone and marijuana into evidence because the chain of custody was not complete. The evidence disclosed that Rice and Jarvis, […]

444 S.E.2d 387 IN THE INTEREST OF L. D. H., a child. A94A0513.Court of Appeals of Georgia. DECIDED MAY 25, 1994. COOPER, Judge. The juvenile court found that L. D. H. committed the offense of murder and adjudicated him a delinquent. L. D. H. appeals from that order. The transcript from the commitment hearing reveals […]