Category: Georgia Supreme Court Opinions

254 S.E.2d 571 NATIONAL ADVERTISING COMPANY v. DEPARTMENT OF TRANSPORTATION. 56470.Court of Appeals of Georgia.ARGUED SEPTEMBER 12, 1978. DECIDED FEBRUARY 9, 1979. REHEARING DENIED MARCH 16, 1979. BANKE, Judge. The appellant, National Advertising Company, appeals the judgment of the trial court affirming a final agency decision of the Commissioner of the Department of Transportation (DOT) […]

288 S.E.2d 631 DAVIS v. THE STATE. 63040.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1982. SHULMAN, Presiding Judge. Appellant was convicted of two counts of burglary. He now appeals from the judgment entered on the verdict and from the denial of his motion for new trial. Finding no error, we affirm. 1. In his […]

206 S.E.2d 113 GROSSMAN v. ASSOCIATED INDEMNITY COMPANY et al. 49137.Court of Appeals of Georgia.ARGUED MARCH 4, 1974. DECIDED MARCH 15, 1974. REHEARING DENIED MARCH 29, 1974. QUILLIAN, Judge. The evidence in this workmen’s compensation case would have authorized an award granting or denying compensation. However, the board having denied compensation and there being some […]

604 S.E.2d 202 BEASLEY et al. v. A BETTER GAS COMPANY, INC. et al. A04A1584.Court of Appeals of Georgia. DECIDED AUGUST 5, 2004. RECONSIDERATION DENIED SEPTEMBER 2, 2004. ELLINGTON, Judge. Rachel Beasley and the other surviving children of Sara White (collectively, “Beasley”) filed a wrongful death action against A Better Gas Company, Inc., Raymond Jones, […]

357 S.E.2d 829 THE STATE v. PRESTIA. 74103.Court of Appeals of Georgia. DECIDED MAY 11, 1987. REHEARING DENIED MAY 22, 1987. POPE, Judge. The state brings this appeal from the trial court’s August 15, 1986 order granting defendant’s motion for acquittal pursuant to OCGA § 17-7-170 (b). 1. In its first challenge to the trial […]

601 S.E.2d 161 LEWIS v. THE STATE. A04A1143.Court of Appeals of Georgia. DECIDED JUNE 10, 2004. JOHNSON, Presiding Judge. A jury found Terry Lewis guilty of possession of cocaine within 1,000 feet of a school and possession of cocaine within 1,000 feet of a housing project. Lewis appeals, alleging the evidence was insufficient to find […]

236 S.E.2d 913 GEORGIA GRAIN STILLAGE COMPANY et al. v. FIRST GEORGIA BANK. RANGER LUMBER DELIVERY STORAGE COMPANY et al. v. FIRST GEORGIA BANK. 53961, 53962.Court of Appeals of Georgia.ARGUED JUNE 6, 1977. DECIDED JULY 1, 1977. MARSHALL, Judge. These companion cases both involve the grant of summary judgment in favor of the First Georgia […]

547 S.E.2d 694 THRASH et al. v. RAHN. A01A0146.Court of Appeals of Georgia. DECIDED: APRIL 5, 2001 BLACKBURN, Chief Judge. In this action for personal injury damages arising out of a car collision, Quetella and Jada Thrash appeal the jury’s general verdict in favor of Steven Rahn, contending that the trial court erred by: (1) […]

371 S.E.2d 677 DAUGHERTY v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY. 76347.Court of Appeals of Georgia. DECIDED JULY 15, 1988. BANKE, Presiding Judge. Daugherty sued the Metropolitan Atlanta Rapid Transit Authority (MARTA), alleging that it had unlawfully discharged him from his employment as a transit policeman in violation of the Georgia Equal Employment for the Handicapped […]

452 S.E.2d 188 AMERISPEC FRANCHISE v. CROSS et al. A94A1851.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1994. RECONSIDERATION DENIED DECEMBER 16, 1994. CERT. APPLIED FOR. SMITH, Judge. This is an appeal from an order vacating an arbitration award under the somewhat novel provisions of the Georgia Arbitration Code, OCGA § 9-9-1 et seq. Paradoxically, […]

251 S.E.2d 347 LEE et al. v. AMERICAN CENTRAL INSURANCE COMPANY et al. EL-077C A00A0728.Court of Appeals of Georgia. DECIDED: AUGUST 1, 2001 ELDRIDGE, Judge. In American Central Ins. Co. v. Lee 273 Ga. 880 (548 S.E.2d 338) (2001) (Case No. S00G1474; decided June 11, 2001) the Supreme Court reversed the judgment of this Court’s […]

263 S.E.2d 213 RICK v. THE STATE. 58484.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1979. DECIDED NOVEMBER 9, 1979. REHEARING DENIED NOVEMBER 26, 1979. SHULMAN, Judge. Defendant was convicted of the offenses of possession of Pethidine and attempting to obtain Pethidine by forgery. Finding no error, we affirm. 1. Since defendant has offered no argument […]

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 […]

510 S.E.2d 873 BOWEN v. THE STATE. A98A2033.Court of Appeals of Georgia. DECIDED JANUARY 7, 1999. RUFFIN, Judge. A jury found Hollis Bowen guilty of driving under the influence of drugs to the extent that it was less safe for him to drive, and of having defective equipment on his vehicle. In his sole enumeration […]

151 S.E.2d 486 INTERSTATE FIRE INSURANCE COMPANY v. CHATTAM. 41837.Court of Appeals of Georgia.SUBMITTED FEBRUARY 7, 1966. DECIDED SEPTEMBER 23, 1966. PER CURIAM. The appeal in the present case is from a verdict. The Supreme Court of Georgia, in answer to a certified question from this court (Interstate Fire Ins. Co. v. Chattam, 222 Ga. […]

396 S.E.2d 35 ROBERTSON v. LIFE INSURANCE COMPANY OF GEORGIA. A90A0761.Court of Appeals of Georgia. DECIDED JULY 2, 1990. REHEARING DENIED JULY 11, 1990. SOGNIER, Judge. Donna Robertson, individually and as the temporary administratrix of the estate of her husband, Aubrey Robertson, brought suit against Life Insurance Company of Georgia seeking to recover life insurance […]

411 S.E.2d 750 MERRILL v. THE STATE. A91A1110.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1991. RECONSIDERATION DENIED OCTOBER 30, 1991. SOGNIER, Chief Judge. Marc Lawrence Merrill appeals from the denial of his motion to quash an accusation, which motion was based on an assertion of double jeopardy. See Patterson v. State, 248 Ga. 875 […]

49 S.E.2d 143 CLINTON v. GUNN-WILLIS LUMBER COMPANY et al. 31877.Court of Appeals of Georgia. DECIDED JULY 12, 1948. REHEARING DENIED JULY 31, 1948. 1. Where the concurrent acts of negligence of the Gunn-Willis Lumber Company and the Georgia Power Light Company combined to cause the injury, they may be sued jointly. Page 644 2. […]

190 S.E.2d 565 JACKSON v. MILES. 47142.Court of Appeals of Georgia.SUBMITTED MAY 5, 1972. DECIDED MAY 17, 1972. DEEN, Judge. The plaintiff made a left turn at the intersection of two city streets and was hit by an automobile driven by the defendant in the latter’s lane of traffic. Verdict was for the defendant. The […]

250 S.E.2d 517 HUNT v. THE STATE. 56239.Court of Appeals of Georgia.ARGUED SEPTEMBER 18, 1978. DECIDED OCTOBER 12, 1978. REHEARING DENIED OCTOBER 30, 1978. BIRDSONG, Judge. The appellant, Terry Hunt, brings this appeal from a conviction and sentence for a violation of the Controlled Substances Act. The sole enumeration of error complains that the trial […]

444 S.E.2d 836 SKIVER v. THE STATE. A94A0293.Court of Appeals of Georgia. DECIDED MAY 24, 1994. RECONSIDERATION DENIED JUNE 3, 1994. COOPER, Judge. Defendant was indicted for the rape and aggravated sodomy of his natural daughter and convicted by a jury of both offenses. He appeals his convictions and the sentences entered thereon, raising three […]

116 S.E.2d 897 DUNN v. THE STATE. 38493.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1960. REHEARING DENIED SEPTEMBER 28, 1960. CARLISLE, Judge. William Dunn was tried in the City Court of Macon on an accusation drawn under the provisions of the act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 321) charging […]

389 S.E.2d 505 BROWN REALTY ASSOCIATES, INC. et al. v. THOMAS. A89A1259.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1989. REHEARING DENIED DECEMBER 7, 1989. BEASLEY, Judge. Following denial of their motion to vacate, set aside, and in arrest of judgment, defendants Brown Realty Associates, Inc., Alonza C. Brown, Gladys R. Brown, and Alonza C. […]

170 S.E.2d 840 ALLSTATE INSURANCE COMPANY v. AUSTIN. 44632.Court of Appeals of Georgia.ARGUED SEPTEMBER 2, 1969. DECIDED SEPTEMBER 19, 1969. REHEARING DENIED OCTOBER 3, 1969. 1. The right of a collision insurer to subrogation may be forfeited by its refusal or unreasonable delay in paying the loss and by its subsequent indirect participation through payment […]

345 S.E.2d 888 DUDLEY v. THE STATE. 72146.Court of Appeals of Georgia. DECIDED MAY 14, 1986. REHEARING DENIED MAY 30, 1986. McMURRAY, Presiding Judge. Defendant was convicted of the offenses of armed robbery and aggravated assault. This appeal followed the denial of defendant’s motion for new trial. The evidence showed that on the night of […]

290 S.E.2d 134 HADLEY v. THE STATE. 63381.Court of Appeals of Georgia. DECIDED APRIL 5, 1982. CARLEY, Judge. Appellant appeals from his conviction of two counts of armed robbery and three counts of aggravated assault. Appointed counsel for appellant has filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (87 SC […]

472 S.E.2d 143 RICHARDSON v. GENERAL MOTORS CORPORATION. A96A0039.Court of Appeals of Georgia. DECIDED MAY 30, 1996. McMURRAY, Presiding Judge. Marzine Richardson filed an action against General Motors Corporation (“General Motors”) to recover losses she allegedly sustained after purchasing a defective automobile from General Motors. General Motors denied the material allegations of the complaint and, […]

236 S.E.2d 876 ARGONAUT INSURANCE COMPANY et al. v. CLINE. 53795.Court of Appeals of Georgia.ARGUED APRIL 7, 1977. DECIDED JUNE 21, 1977. MARSHALL, Judge. This is the second appearance of this workmen’s compensation case before this court. See Argonaut Ins. Co. Page 604 v. Cline, 138 Ga. App. 778 (227 S.E.2d 405) (1976). Initially, compensation […]

13 S.E.2d 35 SMITH v. THE STATE. 28650.Court of Appeals of Georgia. DECIDED JANUARY 22, 1941. MacINTYRE, J. The motion for new trial contains only the general grounds. The record discloses that the evidence for the State, if credible, was sufficient to support the verdict. The jury being the judges of the weight of the […]

702 S.E.2d 904 ABRAHAM v. HANNAH. No. A10A0902.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 2010. SMITH, Presiding Judge. In this discretionary appeal, Mark Abraham appeals pro se from the trial court’s order entering judgment in favor of Janell Hannah in the amount of $1,575. Abraham asserts, in part, that the trial court entered this […]

513 S.E.2d 763 COTTON v. THE STATE. A98A1707.Court of Appeals of Georgia. DECIDED: MARCH 5, 1999 McMURRAY, Presiding Judge. Defendant Cotton appeals his conviction of the offenses of trafficking in cocaine, possession of marijuana with intent to distribute, driving under the influence of drugs, and following too closely. The sole enumeration of error maintains that […]

507 S.E.2d 525 EMPIRE FIRE MARINE INSURANCE COMPANY v. METRO COURIER CORPORATION et al. A98A1639.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1998 — CERT. APPLIED FOR. BEASLEY, Judge. Empire Fire Marine Insurance Company brought this declaratory judgment action against its insured (Metro Courier Corporation) and Metro’s employee (Marcus Saucer) to determine the insurance policy’s […]

237 S.E.2d 725 HOLLAND v. ENGLAND et al. 54122.Court of Appeals of Georgia.SUBMITTED JULY 6, 1977. DECIDED SEPTEMBER 9, 1977. BIRDSONG, Judge. The appellant Holland brought suit against England in England’s individual capacity and as Sheriff of Hall County seeking $15,000 in compensatory and exemplary damages. Holland operates a wrecker service in Hall County. England, […]

389 S.E.2d 1 SIMMONS v. HOLSEY TEMPLE CHRISTIAN METHODIST CHURCH et al. A89A1777.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1989. REHEARING DENIED DECEMBER 1, 1989. DEEN, Presiding Judge. Dorothy Simmons appeals from the summary judgment granted to defendants (appellees here) in a tort action filed by Ms. Simmons. Although the record before us is […]

10 S.E.2d 120 GULF LIFE INSURANCE COMPANY v. YEARTA. 28218.Court of Appeals of Georgia. DECIDED JULY 16, 1940. 1. The evidence failed to show any custom on the part of the insurer to accept premium payments after the time they were due under the policy that would constitute a waiver of the provision of the […]

10 S.E.2d 716 JONES v. THE STATE. 28557.Court of Appeals of Georgia. DECIDED SEPTEMBER 20, 1940. Verdict that the accused aided and abetted operation of lottery was authorized by evidence. DECIDED SEPTEMBER 20, 1940. Certiorari; from Fulton superior court — Judge Virlyn B. Moore. May 23, 1940. Russell G. Turner, for plaintiff in error. Bond […]

274 S.E.2d 733 CITY OF ATLANTA et al. v. STATE FARM FIRE CASUALTY COMPANY et al. 60691.Court of Appeals of Georgia.ARGUED SEPTEMBER 17, 1980. DECIDED NOVEMBER 6, 1980. QUILLIAN, Presiding Judge. The defendant City of Atlanta appeals from an order granting the plaintiff partial summary judgment as to liability. Held: 1. The defendant contends that […]

77 S.E.2d 333 CHOCTAW LUMBER COMPANY v. ATLANTA BAND MILL, INC. 34725.Court of Appeals of Georgia. DECIDED JULY 14, 1953. REHEARING DENIED JULY 30, 1953. The evidence in this case is sufficient to authorize a finding that the defendant corporation had a direct interest in the subject matter of the contracts guaranteed by it within […]

86 S.E.2d 628 MADDOX v. THE STATE. 35553.Court of Appeals of Georgia. DECIDED FEBRUARY 18, 1955. CARLISLE, J. Where, on the trial of one charged with possessing more than one quart of alcoholic liquors in a dry county of this State, it appears from the evidence that certain law-enforcement officers found 77 half-pints and 11 […]

294 S.E.2d 688 NATIONAL BANK OF GEORGIA v. KERIAZE et al. 64070.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1982. REHEARING DENIED SEPTEMBER 30, 1982. SOGNIER, Judge. The National Bank of Georgia sued Lenaki Keriaze and Ruth Tyree on a note secured by a 1979 Mercury Cougar. Keriaze and Tyree answered and admitted executing the […]

324 S.E.2d 500 SHERRER et al. v. LYNN. 68757.Court of Appeals of Georgia. DECIDED NOVEMBER 8, 1984. REHEARING DENIED NOVEMBER 27, 1984. SOGNIER, Judge. J. Marshall Sherrer and Christine Sherrer Wheatley brought this wrongful death action against Mildred Lynn alleging that Lynn proximately caused the death of their mother, Annie Sue Bridges Sherrer, by negligently […]

262 S.E.2d 193 STROMING et al. v. THE STATE. 57765.Court of Appeals of Georgia.SUBMITTED MAY 2, 1979. DECIDED OCTOBER 15, 1979. REHEARING DENIED OCTOBER 31, 1979. McMURRAY, Presiding Judge. Four persons were indicted jointly for violation of the Georgia Controlled Substances Act (unlawful possession of marijuana). At the trial only three were in court, and […]

517 S.E.2d 95 LEACH v. MONROY. A99A0289.Court of Appeals of Georgia. DECIDED: APRIL 30, 1999. ANDREWS, Judge. Kelly Leach sued Cirilo Monroy in DeKalb County Superior Court alleging she was injured in an automobile accident in DeKalb County caused by Monroy After Leach was unable to locate Monroy for personal service, Leach served Monroy by […]

706 S.E.2d 726 CONSTRUCTORES ASOCIADOS de VTVIENDAY URBANIZACION, S.A. de C.V. v. BENNETT MOTOR EXPRESS, LLC. No. A10A2235.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 2011. MIKELL, Judge. Following a bench trial, the trial court entered judgment in favor of Bennett Motor Express, LLC, on its contract claim against Constructores Asociados de Vivienda Y Urbanizacion, […]

428 S.E.2d 813 ORMAN v. THE STATE. A92A1885.Court of Appeals of Georgia. DECIDED MARCH 9, 1993. JOHNSON, Judge. Jerome Chie Orman appeals from his convictions of trafficking in heroin and possession of marijuana. In his enumerations of error, he challenges the denial of his motion to suppress evidence and he questions the sufficiency of the […]

442 S.E.2d 906 WHEELER v. THE STATE. A94A0271.Court of Appeals of Georgia. DECIDED MARCH 29, 1994. ANDREWS, Judge. Wheeler, convicted of possession of marijuana, appeals. 1. Wheeler alleges the general grounds, contending that the evidence was insufficient. Viewed in favor of the jury’s verdict, the evidence was that Rantz had been hospitalized with Wheeler’s brother, […]

418 S.E.2d 454 IN THE INTEREST OF S. H. et al., children. A92A0342.Court of Appeals of Georgia. DECIDED MAY 1, 1992. BIRDSONG, Presiding Judge. The natural mother appeals the order of the superior court terminating her parental rights to her minor children. The children, two girls and a boy, originally were placed in a shelter […]

145 S.E.2d 83 WHITUS v. THE STATE. DAVIS v. THE STATE. 41420, 41421.Court of Appeals of Georgia.ARGUED JULY 7, 1965. DECIDED SEPTEMBER 8, 1965. REHEARING DENIED SEPTEMBER 22, 1965. NICHOLS, Presiding Judge. These cases were appealed to the Supreme Court and transferred by that court to this court. Both defendants were indicted for murder but […]

670 S.E.2d 109 SEIBERT v. THE STATE. No. A08A1494.Court of Appeals of Georgia. DECIDED OCTOBER 22, 2008. MIKELL, Judge. A Gwinnett County grand jury returned two indictments against Steven Seibert. The first, Indictment No. 05B-3446-2, charged Seibert with one count of aggravated stalking (OCGA § 16-5-91) in connection with the allegation that on March 31, […]

332 S.E.2d 373 STRIPLING v. FARMERS MERCHANTS BANK. 69846.Court of Appeals of Georgia. DECIDED JUNE 7, 1985. BEASLEY, Judge. Stripling executed two promissory notes to the Farmers and Merchants Bank, which also held deeds to real estate given as security for the notes. When payments became delinquent, on February 7, 1984, the bank conducted a […]

253 S.E.2d 782 DAVIS v. SOTOMAYER. 56756.Court of Appeals of Georgia.SUBMITTED OCTOBER 4, 1978. DECIDED FEBRUARY 1, 1979. REHEARING DENIED MARCH 8, 1979. BANKE, Judge. The appellee filed suit to recover for damages to her automobile which were allegedly caused by the appellant’s negligent operation of his automobile. The jury returned a verdict in her […]

374 S.E.2d 542 SANDERS v. THE STATE. 76617.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1988. REHEARING DENIED OCTOBER 14, 1988. BEASLEY, Judge. Defendant, as is his right, brings direct appeal from the order of the trial court overruling his plea of double jeopardy Patterson v. State, 248 Ga. 875 (287 S.E.2d 7) (1982). According […]

262 S.E.2d 197 THE STATE v. JOHNSON. 58348.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 24, 1979. DECIDED OCTOBER 17, 1979. REHEARING DENIED NOVEMBER 1, 1979. BANKE, Judge. This is an appeal by the state from an order sustaining defendant’s motion to suppress evidence seized during a search of her pocketbook. During the course of an investigation […]

377 S.E.2d 533 FIRST NATIONAL BANK OF LOUISVILLE, KENTUCKY v. CHILDRESS-ROSS PROPERTIES, INC. et al. 77517.Court of Appeals of Georgia. DECIDED JANUARY 3, 1989. BANKE, Presiding Judge. This appeal is from the denial of an application seeking the confirmation of certain foreclosure sales conducted under the power of sale provisions contained in seven separate security […]

472 S.E.2d 484 UPSHAW v. THE STATE. A96A0536.Court of Appeals of Georgia. DECIDED JUNE 5, 1996. BEASLEY, Chief Judge. An indictment charged that Upshaw “did unlawfully make an assault upon the person of Randy Phillips by shooting him with a certain gun, an instrument which when used offensively against a person is likely to result […]

638 S.E.2d 900 Simpson v. The State. A06A1647.Court of Appeals of Georgia. DECIDED November 17, 2006. MILLER, Judge. Following a jury trial, James L. Simpson was convicted of ten counts of child molestation, three counts of aggravated child molestation, one count of aggravated sexual battery, and four counts of enticing a child for indecent purposes […]

432 S.E.2d 559 HAMILTON et al. v. ADVANCE LEASING RENT-A-CAR, INC. et al. A93A0336.Court of Appeals of Georgia. DECIDED MAY 7, 1993. RECONSIDERATION DENIED JUNE 8, 1993. Judge John W. Sognier. Appellant-plaintiff Gary Hamilton leased an automobile from appellee-defendant Advance Leasing Rent-A-Car, Inc. (ALR), a corporation now owned by appellee-defendant Rivergate Corporation, Inc. (RCI). Hamilton’s […]

205 S.E.2d 435 A. C. G. v. STATE OF GEORGIA. 49034.Court of Appeals of Georgia.SUBMITTED FEBRUARY 11, 1974. DECIDED MARCH 5, 1974. STOLZ, Judge. This is an appeal in behalf of a 16-year-old boy adjudged in juvenile court proceedings to be a delinquent child in need of correction, treatment, care and rehabilitation, in that on […]

272 S.E.2d 553 CAMPBELL v. ALFORD. 60266.Court of Appeals of Georgia.SUBMITTED JULY 10, 1980. DECIDED SEPTEMBER 10, 1980. QUILLIAN, Presiding Judge. The plaintiff brought this action against Colony Home, Inc. and Campbell, the individual defendant. The plaintiff sought to recover under the terms of a contract as against Colony Home as an undisclosed principal and […]

342 S.E.2d 384 WELLS v. W. S. WILLIAMS, JR., INC. 71513.Court of Appeals of Georgia. DECIDED MARCH 10, 1986. BENHAM, Judge. Appellee sued appellant and a corporation owned wholly by appellant. In this appeal from a judgment entered against both defendants, appellant enumerates as error the trial court’s denial of his motions for directed verdict […]

643 S.E.2d 749 WILLIAMS v. THE STATE. No. A06A2473.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 2007. RECONSIDERATION DENIED MARCH 19, 2007. MIKELL, Judge. A jury convicted Howard Williams of charges including rape, aggravated sodomy, and incest arising from his contact with his daughter, an eighth grader. Williams now appeals, arguing that the evidence was […]

525 S.E.2d 118 AUTO-OWNERS INSURANCE COMPANY v. CRAWFORD. A99A0903.Court of Appeals of Georgia. DECIDED: NOVEMBER 9, 1999. SMITH, Judge. Claiming that Auto-Owners Insurance Company breached a binding oral contract to settle his claim for property damages, Hubert Crawford filed the underlying lawsuit. After a bench trial, the trial court awarded Crawford $13,440 plus interest and […]

405 S.E.2d 88 DANIELS v. THE STATE. A91A0367.Court of Appeals of Georgia. DECIDED MARCH 13, 1991. REHEARING DENIED MARCH 28, 1991. ANDREWS, Judge. Daniels appeals the denial of his motion for discharge and acquittal based on failure to comply with his speedy trial demand under OCGA § 17-7-170. Daniels, a Florida resident, was indicted in […]

233 S.E.2d 40 J. T. G. v. STATE OF GEORGIA. 53227.Court of Appeals of Georgia.SUBMITTED JANUARY 18, 1977. DECIDED FEBRUARY 3, 1977. BELL, Chief Judge. A detention hearing was held in this case on June 3, 1976. In addition to ordering the continuance of the detention, June 15, 1976, was set as the date for […]

599 S.E.2d 277 DEVEAUX v. THE STATE. A04A0201.Court of Appeals of Georgia. DECIDED MAY 7, 2004. RUFFIN, Presiding Judge. A jury found Jason Micaiah Deveaux guilty of two counts of obstructing an officer, as well as one count each of criminal damage to property and simple assault. Deveaux appeals, asserting that the trial court erred […]

238 S.E.2d 739 SMITH et al. v. SOCIETY NATIONAL BANK. 54286.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 14, 1977. DECIDED SEPTEMBER 30, 1977. QUILLIAN, Presiding Judge. On a prior appeal we reversed the portion of the trial judge’s order setting out an amount owed under an installment contract as $8,469.72. For the facts herein involved see […]

497 S.E.2d 810 HARRIS v. THE STATE. A97A2351.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1998. RUFFIN, Judge. After a bench trial, the trial court found Roger Willie Harris guilty of possession of drugs by an inmate in a correctional institute (OCGA § 42-5-18(b)) and possession of marijuana (OCGA § 16-13-30). Harris appeals. For the […]

76 S.E.2d 807 PROGRESSIVE FIRE INSURANCE COMPANY v. BRINSON. 34649.Court of Appeals of Georgia. DECIDED JUNE 19, 1953. REHEARING DENIED JULY 2, 1953. Under the facts alleged in the petition, the policy issued by the plaintiff in error was in effect on the date the loss sued for occurred, even though the policy bore a […]

324 S.E.2d 491 JENKINS v. THE STATE. 68304.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1984. REHEARING DENIED NOVEMBER 26, 1984. McMURRAY, Chief Judge. Defendant was convicted of theft by shoplifting and appeals following the denial of her motion for new trial. Held: 1. Defendant contends that the trial court erred in denying her motion […]

709 S.E.2d 343 DAVIS v. THE STATE. No. A10A1877.Court of Appeals of Georgia. DECIDED MARCH 28, 2011. PHIPPS, Presiding Judge. Antonio Davis[1] appeals the denial of his motion to dismiss his indictment for violation of his constitutional right to a speedy trial. Because the trial court clearly erred in reaching several material factual findings, we […]

258 S.E.2d 678 PEACH STATE FORD TRUCK SALES, INC. v. DAVIS. 57404.Court of Appeals of Georgia.ARGUED MARCH 7, 1979. DECIDED JULY 10, 1979. REHEARING DENIED JULY 26, 1979. SHULMAN, Judge. Appellee, a former salesman of appellant, filed suit to recover $13,000 in unpaid commissions allegedly earned from sales of appellant-dealer’s heavy trucks. The trial court, […]

524 S.E.2d 768 FRAZIER v. THE STATE. A99A0880.Court of Appeals of Georgia. DECIDED: NOVEMBER 8, 1999. ELLINGTON, Judge. Following a jury trial, David Frazier was convicted of two counts of child molestation. OCGA § 16-6-4. On appeal, Frazier contends the trial court erred in admitting sexually explicit material possessed or authored by him and by […]

534 S.E.2d 537 GRESHAM v. BELL’S FOOD MARKET, INC. A00A0896.Court of Appeals of Georgia. DECIDED: MAY 10, 2000. PHIPPS, Judge. While Janette Gresham was exiting a grocery store owned and operated by Bell’s Food Market, Inc., her foot became entangled in a cart and she fell. Gresham brought this action against Bell’s to recover for […]

323 S.E.2d 622 WELCH v. THE STATE. 68241.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1984. REHEARING DENIED OCTOBER 30, 1984. BENHAM, Judge. On April 13, 1983, appellant, while under the influence of alcohol, operated a motor vehicle in a reckless manner in the parking lot of Cobb General Hospital. When Officer D. H. Brown […]

56 S.E.2d 134 BISHOP et al. v. R. S. EVANS, EAST POINT INC. 32645.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 1949. The court did not err in sustaining the demurrers to the defendants’ affidavit of illegality to the foreclosure of a conditional-sale contract for the sale of an airplane and in dismissing it. DECIDED […]

253 S.E.2d 218 FONG v. THE STATE. 57460.Court of Appeals of Georgia. DECIDED JANUARY 16, 1979. REHEARING DENIED JANUARY 31, 1979. WEBB, Judge. Donald W. Y. Fong entered a plea of nolo contendere to the offense of theft by taking on June 5, 1978. A sentence of three years was imposed to be served on […]

285 S.E.2d 762 DUMAS v. FARMERS MERCHANTS BANK. 62518.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1981. DEEN, Presiding Judge. The above styled case is affirmed without opinion in accordance with Rule 36 of this court. Banke and Carley, JJ., concur. DECIDED OCTOBER 2, 1981. Action on note. Morgan Superior Court. Before Judge Duke. J. […]

279 S.E.2d 470 PACE CONSTRUCTION CORPORATION et al. v. HOUDAILLE-DUVAL-WRIGHT DIVISION, HOUDAILLE INDUSTRIES, INC. 60365.Court of Appeals of Georgia. DECIDED MARCH 16, 1981. BANKE, Judge. This is a suit by a subcontractor against a contractor and the sureties on the latter’s performance bond. The defendants moved for a stay of the proceedings on the ground […]

368 S.E.2d 787 HALL v. THE STATE. 75814.Court of Appeals of Georgia. DECIDED APRIL 13, 1988. CARLEY, Judge. Appellant was indicted for rape and incest, both of which crimes he had allegedly committed against his fourteen-year-old daughter. The jury returned a verdict of guilty as to the charge of incest and a verdict of not […]

488 S.E.2d 708 WILLIAMS v. THE STATE. A97A0936.Court of Appeals of Georgia. DECIDED JULY 3, 1997. JOHNSON, Judge. A jury found Melvin Williams guilty of burglary. He appeals from the conviction entered on the verdict and the denial of his motion for new trial. 1. Williams claims that the evidence was insufficient to support the […]

259 S.E.2d 680 JESTER v. THE STATE. 58008.Court of Appeals of Georgia.SUBMITTED MAY 30, 1979. DECIDED SEPTEMBER 10, 1979. SHULMAN, Judge. Defendant was convicted of the offense of burglary. We affirm. Appellant’s sole enumeration of error relates to the sufficiency of the evidence. Specifically, appellant argues that his conviction was based on the uncorroborated testimony […]

114 S.E.2d 446 MOORE et al. v. YOUNG et al. 38122.Court of Appeals of Georgia. DECIDED APRIL 27, 1960. To entitle a petitioner to a declaratory judgment, allegations are required which show an actual or justiciable controversy, or that the ends of justice demand that such relief be given. A petition not properly alleging these […]

320 S.E.2d 262 STEWART v. PALMYRA PARK HOSPITAL et al. 68333.Court of Appeals of Georgia. DECIDED JULY 3, 1984. BANKE, Presiding Judge. This is a malpractice action against Palmyra Park Hospital, two unnamed nurses, and William D. Lowery, Jr., a physician. The plaintiff alleges that the defendants were negligent in allowing him to attempt to […]

435 S.E.2d 61 HAMILTON v. THE STATE. A93A0972.Court of Appeals of Georgia. DECIDED AUGUST 4, 1993. BIRDSONG, Presiding Judge. Millard Hamilton appeals his judgment of conviction of theft by taking motor vehicle and the sentence. His sole enumeration is that the trial court erred in admitting evidence of the victim’s in-court identification of appellant. On […]

517 S.E.2d 97 ARNOLD v. THE STATE. A99A0439.Court of Appeals of Georgia. DECIDED: APRIL 30, 1999. ELDRIDGE, Judge. Charles Nathaniel Arnold appeals from a Bartow County jury’s verdict finding him guilty of the armed robbery of the Golden Gallon convenience store at the corner of Felton Road and Highway 41 in Cartersville, Georgia. In this […]

182 S.E.2d 490 LOVE v. HARRIS. 46224.Court of Appeals of Georgia.SUBMITTED MAY 10, 1971. DECIDED MAY 13, 1971. HALL, Presiding Judge. Plaintiff in a contract action appeals from the order setting aside the default judgment it had obtained and reopening the case on the issue of damages only. The order in question is not a […]

638 S.E.2d 417 SLAUGHTER v. THE STATE. No. A06A1558.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 2006. ADAMS, Judge. A jury convicted Derrick Slaughter of one count of trafficking in cocaine, one count of possession of marijuana with intent to distribute and one count of possession of cocaine with intent to distribute within 1,000 feet […]

5 S.E.2d 920 METROPOLITAN LIFE INSURANCE COMPANY v. JOHNSON. 27823.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1939. REHEARING DENIED DECEMBER 8, 1939. The court did not err in overruling the motion for new trial. DECIDED OCTOBER 21, 1939. REHEARING DENIED DECEMBER 8, 1939. Complaint on disability policy; from DeKalb superior court — Judge Davis. […]

476 S.E.2d 274 AYCOCK ET AL. v. CALK ET AL. A95A1575.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1996. RUFFIN, Judge. Walter and Joan Aycock sued Laura and Thomas Calk for injunctive relief and damages allegedly arising out of an ongoing feud between the parties. The complaint asserted causes of action for stalking, deprivation of […]

254 S.E.2d 881 THOMASSON v. TRUST COMPANY BANK et al. 57051.Court of Appeals of Georgia.ARGUED JANUARY 8, 1979. DECIDED APRIL 4, 1979. SHULMAN, Judge. Plaintiff-appellant Thomasson filed suit against defendant-appellee Trust Company Bank, alleging that his loan contract had been breached. Appellee answered and counterclaimed for the unpaid balance of the loan. Appellee moved for […]

638 S.E.2d 428 THE STATE v. WINTHER. No. A06A1816.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 2006. ADAMS, Judge. The State appeals the grant of Cristin Winther’s motion to suppress. At 3:00 a.m. on June 11, 2005, two officers in two different squad cars were involved in a traffic stop of Winther, and eventually Winther […]

714 S.E.2d 354 GAWLAK v. THE STATE. No. A11A0040.Court of Appeals of Georgia. DECIDED JUNE 21, 2011. RECONSIDERATION DENIED JULY 13, 2011. McFADDEN, Judge. After a jury trial, Albert Gawlak was convicted of aggravated sexual battery, cruelty to children in the first degree and two counts of child molestation. He appeals, claiming that the trial […]

482 S.E.2d 449 MILLS ET AL. v. JACK ECKERD CORPORATION. A97A0500.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 1997 — CERT. APPLIED FOR. Judge HAROLD R. BANKE. Gudrun H. Mills and her husband, Ben B. Mills, Jr., sued Jack Eckerd Corporation (“Eckerd”) the owner of a store where Gudren Mills was allegedly injured when a […]

383 S.E.2d 134 GREEN v. THE STATE. A89A0348.Court of Appeals of Georgia. DECIDED MAY 9, 1989. REHEARING DENIED JUNE 6, 1989. CARLEY, Chief Judge. In Green v. State, 187 Ga. App. 373 (370 S.E.2d 348) (1988), appellant’s conviction for trafficking in cocaine was affirmed and the case was remanded to the trial court for a […]

564 S.E.2d 814 WECH v. THE STATE. A02A0152.Court of Appeals of Georgia. DECIDED: APRIL 30, 2002. MILLER, Judge. Acting pro se, Russell Wech, also known as Larry Rainey, appeals from the trial court’s denial of his “Petition For Writ of Error Corum Nobis,” in which he claimed that his guilty plea was invalid. Wech, however, […]

357 S.E.2d 853 JONES v. PHILLIPS. 74292.Court of Appeals of Georgia. DECIDED MAY 20, 1987. CARLEY, Judge. Appellant filed a complaint against appellee alleging that plaintiff was the widower of Claudia Lee Jones, deceased, and that appellee, daughter of appellant’s deceased wife, had “wilfully and intentionally caused damage to the tombstone and slab of [appellant’s] […]