Category: Georgia Supreme Court Opinions

156 S.E.2d 141 HARTSOG v. ROBINSON et al. 42708.Court of Appeals of Georgia.SUBMITTED APRIL 5, 1967. DECIDED MAY 19, 1967. REHEARING DENIED JUNE 7, 1967. QUILLIAN, Judge. The case under review is one in which the Judge of DeKalb Superior Court dismissed the suit on a California judgment entered on a personal money demand against […]

412 S.E.2d 876 ROSS v. NINETY-TWO WEST, LTD.; and vice versa. A91A2030, A91A2031.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1991. McMURRAY, Presiding Judge. Ninety-Two West, Ltd. (plaintiff) brought an action against Larry T. Ross, William Rogers and Bell, Cowart and Jackson Realty (defendants) for damages which allegedly arose after defendant Ross breached a real […]

219 S.E.2d 467 GEORGIA PORTS AUTHORITY v. CENTRAL OF GEORGIA RAILWAY COMPANY et al. 50709.Court of Appeals of Georgia.ARGUED JUNE 2, 1975. DECIDED SEPTEMBER 3, 1975. REHEARING DENIED SEPTEMBER 29, 1975. MARSHALL, Judge. This case had its genesis in a complaint by one Mitchell against the Central of Georgia Railway Company and Georgia Ports Authority […]

481 S.E.2d 885 XPRESS CARGO SYSTEMS ET AL. v. McMATH. A96A2537.Court of Appeals of Georgia. DECIDED FEBRUARY 20, 1997 — RECONSIDERATION DENIED MARCH 3, 1997 — CERT. APPLIED FOR. JOHNSON, Judge. Xpress Cargo Systems (“Xpress”) and its insurer, International Indemnity Company (“International”), appeal a personal injury judgment in favor of Evelyn McMath. A Fulton County […]

7 S.E.2d 87 GOSS v. THE STATE. 28018.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1940. The verdict of voluntary manslaughter was authorized by the evidence, and the grounds of the motion for new trial show no cause for a reversal of the judgment. DECIDED FEBRUARY 5, 1940. Manslaughter; from Fannin superior court — Judge […]

258 S.E.2d 684 STEIN v. BURGAMY et al. (two cases). 57317, 57318.Court of Appeals of Georgia.ARGUED FEBRUARY 8, 1979. DECIDED JULY 12, 1979. REHEARINGS DENIED JULY 24, 1979. SMITH, Judge. In these two appeals appellant Stein raises the same three enumerations of error, concerning the denial of his motion for summary judgment, the denial of […]

117 S.E.2d 243 KERR v. CALLAWAY. 38456.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1960. FRANKUM, Judge. 1. To the plaintiff’s petition the defendant filed special demurrers in the instant case. While the trial court overruled the demurrers, and the defendant excepted to such ruling, the defendant, by his counsel, entered into a stipulation agreeing […]

17 S.E.2d 239 HOPPENDIETZEL v. WADE et al. 29151.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1941. 1. “An agent is not ordinarily liable to third persons for mere nonfeasance.” 2. “Nonfeasance is the total omission or failure of the agent to enter upon the performance of some distinct duty or undertaking which he has […]

37 S.E.2d 219 DURDEN et al. v. MADDOX. 31136.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1946. In an action against a husband and wife to recover damages for the negligence of the wife in the operation of an automobile, the evidence failed to show, as alleged, that the automobile was furnished by the husband […]

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, […]

472 S.E.2d 140 RICE v. HUFF ET AL. A96A0682.Court of Appeals of Georgia. DECIDED MAY 30, 1996. RUFFIN, Judge. Sherry Rice sued Lamar Huff, Jr., individually and as an officer of Starship Enterprises of Atlanta. She claimed that while working for Starship on December 14, 1992, Huff falsely imprisoned her in his office for eight […]

501 S.E.2d 265 GOSHAYESHI v. MEHRABIAN. A98A0857.Court of Appeals of Georgia. DECIDED APRIL 3, 1998. ELDRIDGE, Judge. In this direct appeal following an arbitration award, appellant/defendant Mohammed Goshayeshi challenges a Cobb County trial Page 82 court’s order granting plaintiff/appellee’s application to compel arbitration. Appellant asserts that he did not consent in writing to binding arbitration. […]

491 S.E.2d 456 CHILDERS v. THE STATE. A97A1837.Court of Appeals of Georgia. DECIDED AUGUST 22, 1997. ELDRIDGE, Judge. A Cherokee County jury found appellant Timothy Joel Childers Page 215 guilty of aggravated battery,[1] which offense arose from an incidence of domestic violence in which appellant beat his girlfriend about the head and face, thereby breaking […]

579 S.E.2d 7 SUDDUTH v. YOUNG. A02A2121.Court of Appeals of Georgia. Decided February 4, 2003 Reconsideration Denied March 4, 2003 BLACKBURN, Presiding Judge. Genelle Sudduth appeals the trial court’s order granting summary judgment to Frances Young in the underlying slip and fall case. For the reasons set forth below, we affirm. Summary judgment is proper […]

206 S.E.2d 706 KIRKSEY v. MORRIS. 49199.Court of Appeals of Georgia.SUBMITTED APRIL 1, 1974. DECIDED MAY 8, 1974. QUILLIAN, Judge. Charles Kirksey brought a complaint in two counts against Robert E. Morris in the State Court of Cobb County. The first count sought recovery against the defendant for an amount based upon two judgments dated […]

166 S.E.2d 434 J. C. PENNEY COMPANY v. KNIGHT. 44015.Court of Appeals of Georgia.ARGUED OCTOBER 9, 1968. DECIDED JANUARY 9, 1969. REHEARING DENIED JANUARY 21, 1969. PANNELL, Judge. 1. While one may be under a duty to look where he is walking and to see large objects in clear view which are at a location […]

527 S.E.2d 280 GEORGIA DEPARTMENT OF HUMAN RESOURCES v. WEST. A99A2159.Court of Appeals of Georgia. DECIDED: DECEMBER 23, 1999. BLACKBURN, Presiding Judge. In this 42 U.S.C.A § 1983 civil rights action involving a challenge to the constitutionality of OCGA § 19-11-9.3, the Georgia Department of Human Resources (DHR) appeals the trial court’s award of attorney […]

322 S.E.2d 523 COPELAND v. WHITE et al. 68386.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1984. McMURRAY, Chief Judge. Contending that he was convicted of two offenses (driving under Page 199 the influence and improper parking) in the Probate Court of Fayette County, the defendant applied for a writ of certiorari to the Superior […]

600 S.E.2d 422 PAYNE v. THE STATE. A04A1163.Court of Appeals of Georgia. DECIDED May 19, 2004. PHIPPS, Judge. Johnny Aaron Payne was being tried for various sexual offenses when, on motion by the state, the trial court declared a mistrial on the ground that defense counsel had violated the court’s ruling on a motion in […]

171 S.E.2d 318 WILLIAMS v. MELTON (two cases). 44448, 44449.Court of Appeals of Georgia.ARGUED MAY 7, 1969. DECIDED OCTOBER 15, 1969. JORDAN, Presiding Judge. Melton and his wife filed separate tort actions against Williams, a physician, based on his alleged malpractice in treating Melton, including surgery, to alleviate urethral strictures. The defendant appeals from the […]

372 S.E.2d 651 TROUT v. HARRISON et al. 76961.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1988. BANKE, Presiding Judge. Trout brought this medical malpractice action against Dr. Harrison and the professional corporation which employed him to recover for injuries she allegedly sustained due to complications from gynecological surgery. This appeal follows a jury verdict […]

404 S.E.2d 322 ARTIS et al. v. GAITHER. A90A2081.Court of Appeals of Georgia. DECIDED MARCH 12, 1991. BIRDSONG, Presiding Judge. We granted an application by Raymond Artis and Josephine Freeman, the appellants, to bring an interlocutory appeal from an order granting summary judgment to the Motors Insurance Company (“MIC”), Freeman’s uninsured motorist insurance carrier, because […]

440 S.E.2d 230 KEITH et al. v. JOHNSON. A93A1126.Court of Appeals of Georgia. DECIDED DECEMBER 20, 1993. RECONSIDERATIONS DENIED JANUARY 18, 1994. BEASLEY, Presiding Judge. The brothers of Clarence Keith appeal from the trial court’s order granting appellee’s summary judgment motion and denying their own summary judgment motion in a case involving Clarence’s estate. Clarence […]

253 S.E.2d 781 BARFIELD v. THE STATE. 57101.Court of Appeals of Georgia.SUBMITTED JANUARY 10, 1979. DECIDED FEBRUARY 1, 1979. REHEARING DENIED FEBRUARY 26, 1979. DEEN, Presiding Judge. Bobby L. Barfield brings this appeal from his conviction for theft by receiving stolen property. 1. Appellant cites as error the trial court’s charge to the jury: “… […]

643 S.E.2d 541 TOUCHTON et al. v. BRAMBLE et al. No. A06A2217.Court of Appeals of Georgia. DECIDED MARCH 13, 2007. MILLER, Judge. John Touchton, his wife Janet, and his daughter Stephanie, as natural parent and next friend of Brittany Ramsey (collectively, “the Touchtons”), sued Eric Bramble and Wild Adventures, Inc. (“Wild Adventures”) for numerous tort […]

305 S.E.2d 918 PHILLIPS v. THE STATE. 65309.Court of Appeals of Georgia. DECIDED JULY 1, 1983. SOGNIER, Judge. This appeal involves two separate trials of appellant, after a severance was granted pursuant to motion. In his first trial appellant was convicted of burglary and violation of the Georgia Controlled Substances Act by possessing Ethchlorvynol (Placidyl). […]

346 S.E.2d 6 WILSON v. COMMERCIAL COLD STORAGE, INC. 72317.Court of Appeals of Georgia. DECIDED MAY 30, 1986. CARLEY, Judge. On May 9, 1984 appellant filed a complaint in the Superior Court of Fulton County naming appellee as defendant and alleging that on May 5, 1982 appellant was injured as a result of appellee’s failure […]

603 S.E.2d 742 IN THE INTEREST OF J.L., a child. A04A1572.Court of Appeals of Georgia. DECIDED AUGUST 23, 2004. MIKELL, Judge. L.D., the biological mother of 22-month-old J.L., appeals the juvenile court’s order finding the child deprived and awarding temporary custody to the Irwin County Department of Family and Children Services (the “Department”). We affirm. […]

193 S.E.2d 256 MORROW v. THOMASON et al. 47554.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1972. DECIDED OCTOBER 13, 1972. EBERHARDT, Presiding Judge. John D. Morrow, a minor, by next friend, and A. R. Morrow, John’s father, brought suit against David Thomason, Robert Gann, and Gwinnett County, seeking to recover damages resulting from injuries sustained […]

131 S.E.2d 796 SCHAFFER v. PADGETT. 40118.Court of Appeals of Georgia. DECIDED MAY 14, 1963. REHEARING DENIED MAY 29, 1963. 1. A real estate broker does not earn a commission, absent other facts: (a) On an offer to purchase not in accordance with terms of the real estate listing; (b) For a sale made after […]

339 S.E.2d 627 OSBORNE v. THE STATE. 71118.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1985. REHEARING DENIED DECEMBER 20, 1985. DEEN, Presiding Judge. On March 7, 1984, at approximately 6:25 a. m., the appellant, Kenneth Parker Osborne, was stopped by police as he proceeded down an entrance ramp of I-285, going 5 mph with […]

643 S.E.2d 531 BIJOU SALON SPA, LLC et al. v. KENSINGTON ENTERPRISES, INC. No. A06A1807.Court of Appeals of Georgia. DECIDED MARCH 5, 2007. ADAMS, Judge. When Harvey and Victoria Adelsky sold their business to Kensington Enterprises, Inc., they signed covenants not to compete and not to solicit customers and employees. They later started a similar […]

317 S.E.2d 285 RHODES v. THE STATE. 67549.Court of Appeals of Georgia. DECIDED MARCH 8, 1984. REHEARING DENIED MARCH 26, 1984. BIRDSONG, Judge. Gary Arnold Rhodes was convicted of voluntary manslaughter and sentenced to ten years, three to serve followed by seven on probation. He brings this appeal enumerating three alleged errors. Held: 1. In […]

515 S.E.2d 180 RUBIN et al. v. FIELDS. A99A0054.Court of Appeals of Georgia. DECIDED: March 23, 1999 BANKE, Judge. Mary Jo Rubin and David Rubin sued Carol Ann Fields for personal injuries and loss of consortium respectively after a minor automobile accident. Following a defense verdict, the Rubins appeal. At trial, Fields admitted that her […]

168 S.E.2d 179 KNIGHT v. WILLIAM SUMMERLIN COMPANY. 44392.Court of Appeals of Georgia.ARGUED APRIL 9, 1969. DECIDED APRIL 24, 1969. An unconditional promise to pay cannot be converted into a conditional promise by pleading or proof of a contemporaneous oral agreement to do so. Page 576 ARGUED APRIL 9, 1969 — DECIDED APRIL 24, 1969. […]

589 S.E.2d 271 McCONNELL v. THE STATE. A03A1436.Court of Appeals of Georgia. DECIDED: OCTOBER 21, 2003 MIKELL, Judge. Mickey Charles McConnell was convicted of burglary (Counts 1 and 2), financial transaction card theft (Counts 3, 4, 5, 6, and 9), and theft by receiving stolen property (Counts 7 and 8). He was sentenced as a […]

367 S.E.2d 871 ADAMS v. THE STATE. 75609.Court of Appeals of Georgia. DECIDED MARCH 18, 1988. REHEARING DENIED MARCH 30, 1988. CARLEY, Judge. Appellant was indicted for kidnapping, child molestation, and aggravated child molestation. The jury returned a guilty verdict only as to the crime of aggravated child molestation. Appellant appeals from the judgment of […]

179 S.E.2d 539 TRAVELERS INSURANCE COMPANY et al. v. LOVINS. 45627.Court of Appeals of Georgia.ARGUED SEPTEMBER 9, 1970. DECIDED NOVEMBER 23, 1970. REHEARING DENIED DECEMBER 14, 1970. QUILLIAN, Judge. This is an appeal from an order of the superior court affirming an award of the State Board of Workmen’s Compensation. The award of the board […]

381 S.E.2d 87 DANIELS et al. v. JOHNSON et al. 77715.Court of Appeals of Georgia. DECIDED MARCH 13, 1989. REHEARING DENIED MARCH 28, 1989. BEASLEY, Judge. This appeal involves a broken real estate construction and sale contract. Defendant Johnson agreed to sell plaintiff Daniels a completed house including a lot for $275,000. As part of […]

206 S.E.2d 728 POSTON v. ST. PAUL INSURANCE COMPANY et al. 49054.Court of Appeals of Georgia.SUBMITTED FEBRUARY 4, 1974. DECIDED MAY 8, 1974. BELL, Chief Judge. The evidence supports both findings of fact that claimant failed to give her employer notice of the accident within 30 days as required by Code § 114-303; and that […]

170 S.E.2d 50 KAZAKOS et al. v. SOTERES. 44394.Court of Appeals of Georgia.ARGUED APRIL 7, 1969. DECIDED SEPTEMBER 4, 1969. 1. An attachment under Code § 8-302 issued upon an affidavit administered by a notary public is void and may be so declared by this court. 2. The evidence was not sufficient to sustain the […]

266 S.E.2d 359 FAVATI v. NATIONAL PROPERTY OWNERS INSURANCE COMPANY et al. 59178.Court of Appeals of Georgia.ARGUED JANUARY 11, 1980. DECIDED MARCH 5, 1980. BIRDSONG, Judge. Cancellation of insurance. Appellant Favati applied for insurance coverage on his personal auto and a policy was issued by National Property Owners Insurance Co., which became effective on June […]

336 S.E.2d 331 PINYAN v. HAMBY. 71127.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1985. DEEN, Presiding Judge. On October 23, 1980, the appellant, Larry Pinyan, and the appellee, Sara Hamby (formerly Sara Pinyan) were divorced in Cobb County, Georgia, at which time the appellee was awarded custody of their minor child. That divorce decree […]

438 S.E.2d 194 DYE v. TRUSSWAY, INC. A93A1799.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1993. BIRDSONG, Presiding Judge. Lester Dye appeals from the grant of summary judgment to Trussway, Inc. He contends the trial court improperly found that Trussway was his statutory employer within the meaning of our Worker’s Compensation Act so that his […]

285 S.E.2d 612 DEMMING v. MACK. 61561.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1981. BANKE, Judge. The decision of this court in Demming v. Mack, 157 Ga. App. 808 (278 S.E.2d 685) (1981) is hereby vacated in accordance with the decision of the Supreme Court in Mack v. Demming, 248 Ga. 117 (281 S.E.2d […]

492 S.E.2d 673 HUDSON et al. v. SANTANGELO; and vice versa. A97A1321, A97A1401.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1997 — RECONSIDERATION DISMISSED OCTOBER 10, 1997 — CERT. APPLIED FOR. ANDREWS, Chief Judge. In Case No. A97A1321, Hudson and Marshall IV, co-executors for the estate of Asa Marshall III, appeal from the judgment entered […]

471 S.E.2d 539 DISTRIBUTION CONCEPTS COMPANY ET AL. v. HUNT. A96A0296.Court of Appeals of Georgia. DECIDED MAY 16, 1996. RUFFIN, Judge. Anthony Hunt filed a claim for workers’ compensation benefits alleging that on February 18, 1994 he injured his back while employed by Distribution Concepts Company (“Distribution Concepts”). Hunt claimed that the injury occurred when […]

103 S.E.2d 130 PACIFIC EMPLOYERS INSURANCE COMPANY et al. v. WEST. 37071.Court of Appeals of Georgia. DECIDED MARCH 14, 1958. REHEARING DENIED APRIL 1, 1958. There is sufficient evidence to sustain the findings of fact and award of the State Board of Workmen’s Compensation. DECIDED MARCH 14, 1958 — REHEARING DENIED APRIL 1, 1958. Workmen’s […]

654 S.E.2d 424 IN THE INTEREST OF J. Q. W., a child. No. A07A1255.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 2007. BERNES, Judge. The juvenile court adjudicated J. Q. W. delinquent for committing theft by receiving stolen property, a motor vehicle.[1] J. Q. W. Page 445 contends that there was insufficient evidence to support […]

388 S.E.2d 416 SCOTT v. THE STATE. A89A0867.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1989. BEASLEY, Judge. Scott appeals his convictions and sentences for two counts of armed robbery, OCGA § 16-8-41 (a), and one count of kidnapping, OCGA § 16-5-40 (a). 1. This court’s jurisdiction is the threshold question. Defendant’s sentences were entered […]

645 S.E.2d 64 PILLAR DEVELOPMENT, INC. v. FUQUA CONSTRUCTION COMPANY, INC. et al. No. A06A1673.Court of Appeals of Georgia. DECIDED MARCH 27, 2007. RECONSIDERATION DENIED APRIL 11, 2007. ANDREWS, Presiding Judge. Pillar Development, Inc. (Pillar) entered into an agreement to sell 81 residential subdivision lots to Fuqua Construction Company, Inc. and Newman Homes, Inc. (jointly […]

199 S.E.2d 893 PITTMAN v. AMERICAN MUTUAL FIRE INSURANCE COMPANY. 48218.Court of Appeals of Georgia.ARGUED MAY 8, 1973. DECIDED JUNE 29, 1973. REHEARING DENIED JULY 18, 1973. HALL, Presiding Judge. Pittman, plaintiff in a suit to collect under a fire insurance policy, appeals from a verdict for the defendant Page 400 insurance company and from […]

630 S.E.2d 833 SMITH v. THE STATE. A06A0180.Court of Appeals of Georgia. DECIDED MAY 5, 2006. BERNES, Judge. Following a jury trial, Kenny Smith was convicted of two counts of aggravated assault with a deadly weapon and one count of possession of a deadly weapon during the commission of a felony. On appeal, Smith challenges […]

411 S.E.2d 454 JABALEY v. MITCHELL. A91A0754.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1991. BEASLEY, Judge. The issue is whether or not a defendant’s plea of nolo contendere to a criminal charge of simple battery, OCGA §16-5-23.1, is admissible for impeachment of the defendant in the subsequent trial of the civil suit stemming from […]

127 S.E.2d 875 PORTER v. BENNETT. 39691.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1962. NICHOLS, Presiding Judge. 1. “`Instructions to a jury, even if not in all respects correct, afford no cause for a new trial where they are manifestly harmless to the complaining party.’ Martin v. Gibbons, 14 Ga. App. 136 (80 S.E. […]

388 S.E.2d 746 FREEMAN v. CITY OF BRUNSWICK et al. A89A2029.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 1989. McMURRAY, Presiding Judge. On July 20, 1988, pro se plaintiff Freeman filed his “civil rights complaint” against defendant City of Brunswick and against three Brunswick police officers, defendants Jordan, Holloway, and Haddock. The complaint alleges that […]

321 S.E.2d 112 NEWS PUBLISHING COMPANY v. DeBERRY. 67725.Court of Appeals of Georgia. DECIDED JULY 12, 1984. REHEARING DENIED JULY 27, 1984. POPE, Judge. This appeal comes from a jury verdict in the amount of $75,000 in favor of plaintiff/appellee Brondon E. DeBerry against defendant/appellant News Publishing Company d/b/a Rome News Tribune in an action […]

170 S.E.2d 249 AMERICAN LIBERTY INSURANCE COMPANY v. SANDERS. 44466.Court of Appeals of Georgia.ARGUED MAY 6, 1969. DECIDED MAY 16, 1969. REHEARING DENIED JULY 31, 1969. 1. The motion to dismiss the appeal is without merit. 2. (a) Where a motion to open a default alleges that “movant shows that it has a good and […]

625 S.E.2d 78 NAIR v. ARAMARK FOOD SERVICE CORPORATION. A05A1813.Court of Appeals of Georgia. DECIDED DECEMBER 12, 2005. RUFFIN, Chief Judge. Raghavan Nair sued Aramark Food Service Corporation, alleging that Aramark negligently maintained a bench located in a dining facility at Emory University. The bench collapsed after Nair sat on it, and Nair was injured […]

504 S.E.2d 27 BONNER v. THE STATE. A98A1547.Court of Appeals of Georgia. DECIDED JULY 1, 1998. ANDREWS, Chief Judge. John Willie Bonner appeals the judgment entered on his conviction for possession of cocaine with intent to distribute and possession of marijuana, contending the trial court erred in denying his motion to suppress evidence. Bonner contends […]

567 S.E.2d 76 PRILLAMAN v. SARK et al. A02A0527.Court of Appeals of Georgia. DECIDED: JUNE 13, 2002. BLACKBURN, Chief Judge. Megan Prillaman appeals the trial court’s grant of summary judgment in favor of C. Erik Sark, Matt Cremers, and Southern Cheerleading Academy, Inc. in her negligence action arising from a cheerleading class accident. Prillaman contends […]

27 S.E.2d 109 WILLIAMS v. THE STATE. 30139.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1943. 1. “The Supreme Court recognized the right of a mere bystander to interfere to prevent a felony.” Gillis v. State, 8 Ga. App. 696, 698 (70 S.E. 53). 2. In a prosecution for an assault with intent to murder, […]

288 S.E.2d 338 WILLIAMS v. THE STATE. 63159.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1982. SHULMAN, Presiding Judge. Appellant was convicted of burglary, criminal damage to property in the second degree, and aggravated assault. We find his three enumerations of error meritless and accordingly affirm his convictions. 1. In two of his enumerations, appellant […]

227 S.E.2d 436 PACE v. THE STATE. 52054.Court of Appeals of Georgia.ARGUED APRIL 6, 1976. DECIDED MAY 6, 1976. REHEARING DENIED JUNE 8, 1976. STOLZ, Judge. Defendant Pace was identified as having visited one Claude Ray Bryant in his hotel room several hours before Claude Ray Bryant’s dead and battered body was found by a […]

514 S.E.2d 478 TRONCALLI v. JONES A98A2143.Court of Appeals of Georgia. DECIDED: MARCH 15, 1999 POPE, Presiding Judge. Regina Jones sued Tom Troncalli. Her complaint set forth one count of stalking; a claim for intentional infliction of emotional distress; a claim for negligent infliction of emotional distress; a claim for invasion of privacy; and a […]

387 S.E.2d 408 GRANT v. THE STATE. A89A1637.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1989. SOGNIER, Judge. Franklin Eugene Grant was convicted of child molestation and violation of the Georgia Controlled Substances Act. He appeals, enumerating the general grounds as to the child molestation conviction. The evidence adduced at trial established that the seven-year-old […]

286 S.E.2d 64 RAE v. GRIFFIN. 62709.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1981. BANKE, Judge. The jury’s verdict in this malicious prosecution suit reads as follows: “We find in favor of the plaintiff: (1) No $ — personal damages; (2) No $ — punitive damages; and (3) The defendant is responsible for $2,500.00 […]

449 S.E.2d 868 S. J. T., INC. v. RICHMOND COUNTY. A94A2072.Court of Appeals of Georgia. DECIDED OCTOBER 12, 1994. RECONSIDERATION DENIED OCTOBER 28, 1994. BLACKBURN, Judge. This discretionary appeal is from the trial court’s order affirming the decision of the Richmond County Board of Commissioners revoking appellant S. J. T., Inc.’s (S. J. T.) license […]

551 S.E.2d 825 R. W. HOLDCO, INC. et al. v. SCI/RW HOLDCO, INC. et al. A01A0336.Court of Appeals of Georgia. DECIDED: JULY 5, 2001. PHIPPS, Judge. Rudolf Walther, a resident of Germany, owned Rudolf Walther Holding, GmbH, a German company that owned R. W. Holdco, Inc., a Georgia company. On October 14, 1998, Alan Johnson, […]

649 S.E.2d 886 LEACHMAN v. THE STATE. No. A07A1145.Court of Appeals of Georgia. DECIDED JULY 20, 2007. ELLINGTON, Judge. A Jackson County jury found Chris Gene Leachman guilty of vehicular homicide, OCGA § 40-6-393. Leachman appeals from the judgment of conviction, contending the trial court erred in denying his plea in bar. Finding no error, […]

335 S.E.2d 666 DUNHAM v. GRANGE MUTUAL CASUALTY COMPANY. 70590.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1985. REHEARING DENIED SEPTEMBER 30, 1985. SOGNIER, Judge. Susie Dunham brought this action as administratrix of the Estate Page 264 of James Moore and as next friend of Margaret Wiley against Grange Mutual Casualty Company (Grange Mutual) seeking […]

423 S.E.2d 387 PLATT v. NATIONAL GENERAL INSURANCE COMPANY. A92A0765.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. RECONSIDERATION DENIED OCTOBER 6, 1992. BIRDSONG, Presiding Judge. Following denial of her motion for new trial, appellant Vanessa C. Platt has appealed the judgment entered in superior court, pursuant to jury verdict, in behalf of appellee/defendant National […]

669 S.E.2d 505 JONES v. THE STATE. No. A08A1370.Court of Appeals of Georgia. DECIDED: NOVEMBER 14, 2008. BARNES, Chief Judge. Following a jury trial, Christopher Jones was convicted of three counts of kidnapping and aggravated assault. Jones was sentenced to ten years in confinement on the first kidnapping conviction and five years on the aggravated […]

115 S.E.2d 459 TILLMAN v. STATE HIGHWAY DEPARTMENT. 37833.Court of Appeals of Georgia. DECIDED JUNE 6, 1960. REHEARING DENIED JUNE 21, 1960. FELTON, Chief Judge. “Where a proceeding in rem is brought to condemn property for a public use under the provisions of Chapter 36-11 of the Code as amended by the act of 1938, […]

423 S.E.2d 707 NEWTON v. THE STATE. A92A1690.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1992. McMURRAY, Presiding Judge. Defendant Newton was convicted on a speeding charge before the municipal court of the City of Doraville. The municipal court fined defendant $75, which fine was paid in full without protest on the date of trial […]

188 S.E.2d 917 MITCHELL v. CITY OF NEWNAN et al. 46820.Court of Appeals of Georgia.ARGUED JANUARY 6, 1972. DECIDED MARCH 3, 1972. REHEARING DENIED MARCH 20, 1972. As the statute authorizing governmental bodies to carry public liability insurance coverage on motor vehicles with concomitant waiver to such extent of governmental immunity expressly forbids “any attempt […]

396 S.E.2d 241 FREGEAU v. HALL. A90A0262.Court of Appeals of Georgia. DECIDED MAY 29, 1990. REHEARING DENIED JULY 23, 1990. SOGNIER, Judge. Jimmy Hall brought suit against Betty Fregeau d/b/a Betty’s Metropolitan Insurance Services, alleging negligent or fraudulent failure to procure “full coverage” insurance for a building he owned. We authorized Fregeau’s interlocutory appeal from […]

17 S.E.2d 81 RALSTON v. THE STATE. 29260.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1941. GARDNER, J. 1. Where, on a charge of illegally possessing whisky not bearing State revenue stamps, the State fails to prove either actual or constructive possession or control in the defendant, such lack of proof as to such essential […]

88 S.E.2d 734 MASON et al. v. POWELL, Next Friend. 35780.Court of Appeals of Georgia. DECIDED JULY 13, 1955. 1. The petition here, which alleges in substance that one of the defendants, a mother, kept an automobile for the use, comfort, pleasure and convenience of the family; that pursuant thereto she turned the automobile over […]

219 S.E.2d 12 FOURTH NATIONAL BANK OF COLUMBUS v. GRANT. 50617.Court of Appeals of Georgia.ARGUED APRIL 30, 1975. DECIDED SEPTEMBER 4, 1975. REHEARING DENIED SEPTEMBER 24, 1975. STOLZ, Judge. This is the third case involving these parties which has reached the appellate courts of this state. The prior decisions are reported at 229 Ga. 855 […]

112 S.E.2d 337 LUMBERMEN’S UNDERWRITING ALLIANCE v. JESSUP et al. 37726.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1959. REHEARING DENIED OCTOBER 16, 1959 AND OCTOBER 27, 1959. 1. Where the trial court sustains any or all demurrers to a pleading, and allows time for the filing of an amendment, such judgment or order shall […]

546 S.E.2d 60 THIGPEN v. THE STATE. A01A0248.Court of Appeals of Georgia. DECIDED: FEBRUARY 27, 2001. ELDRIDGE, Judge. A Gwinnett County jury found Debra Thigpen guilty of aggravated assault and possession of a firearm during the commission of said assault, which charges arose during a domestic dispute wherein Thigpen shot at her ex-husband with a […]

608 S.E.2d 320 GRAY v. KING et al. A04A1991.Court of Appeals of Georgia. DECIDED DECEMBER 10, 2004. JOHNSON, Presiding Judge. Hardy King and Beverly King sued Roger Gray to recover principal and interest on a $30,000 loan. Gray denied he was indebted to the Kings, and he counterclaimed for $29,192.97. Following a bench trial, the […]

105 S.E.2d 370 EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY et al. v. HOLLOWAY. 37271.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 1958. REHEARING DENIED OCTOBER 3, 1958. TOWNSEND, Judge. On the date that the claimant in this workmen’s compensation case allegedly suffered a herniated disc, accompanied by sharp pain and occurring as he was making a […]

176 S.E.2d 274 TANKERSLEY v. SECURITY NATIONAL CORPORATION. 45393.Court of Appeals of Georgia.SUBMITTED JUNE 9, 1970. DECIDED JUNE 30, 1970. EVANS, Judge. This is a summary judgment based on a suit on a note seeking the principal, interest and attorney’s fees upon the statutory notice and demand therefor. The suit is brought by the subsidiary […]

276 S.E.2d 145 MALOY v. EWING et al. 60576.Court of Appeals of Georgia. DECIDED JANUARY 13, 1981. SHULMAN, Presiding Judge. Plaintiff-contractors brought suit in quantum meruit for services rendered in the installation of plumbing equipment in a photographic lab. Defendant brings this appeal from a judgment based on a jury verdict of $4,800 for plaintiffs. […]

287 S.E.2d 89 LETTEER v. ARCHER. 62349.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1981. McMURRAY, Presiding Judge. The defendant operated an automobile repair business. Plaintiff delivered his automobile to defendant for the purpose of having certain repairs made. After the completion of the repair work, but before plaintiff arrived to pick up his automobile, […]

160 S.E.2d 409 STUART v. THE STATE. 43377.Court of Appeals of Georgia.ARGUED JANUARY 15, 1968. DECIDED JANUARY 19, 1968. REHEARING DENIED FEBRUARY 6, 1968. PANNELL, Judge. The defendant was indicted, tried and convicted of a misdemeanor, in unlawfully selling “alcoholic, spirituous, intoxicating liquors” contrary to the laws of this State (see Code §§ 58-102, 58-123) […]

118 S.E.2d 710 UNITED STATES FIDELITY GUARANTY COMPANY et al. v. COASTAL SERVICE, INC. 38592.Court of Appeals of Georgia. DECIDED FEBRUARY 7, 1961. 1. The trial court did not err in overruling the motion for judgment notwithstanding the verdict, nor was there error in overruling the motion for new trial on the general grounds. 2. […]

192 S.E.2d 913 PANTER v. THE STATE. 47411.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 5, 1972. DECIDED SEPTEMBER 27, 1972. EVANS, Judge. The defendant was indicted and tried for the offense of murder; and also on two counts of misdemeanor, to wit: carrying a pistol without a license and carrying a concealed weapon. He was convicted […]

373 S.E.2d 768 LOCKETT v. THE STATE. 76693.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1988. CARLEY, Judge. Appellant was tried before a jury and found guilty of arson in the first degree. He appeals from the judgment of conviction and sentence entered on the guilty verdict. 1. Appellant enumerates the general grounds, urging that […]

288 S.E.2d 654 SLATTERY ASSOCIATES, INC. et al. v. HUFSTETLER. 62973.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1982. CARLEY, Judge. Appellee-claimant Hufstetler sustained an injury to his lower back on January 5, 1979, while working on a construction project for appellant-employer Slattery Associates, Inc. Appellee received workers’ compensation benefits for the periods of disability […]

144 S.E.2d 176 ANDREWS v. SMITH. 41300.Court of Appeals of Georgia.ARGUED MAY 3, 1965. DECIDED JULY 14, 1965. REHEARING DENIED JULY 27, 1965. 1. The denial of a motion for nonsuit does not constitute the law of the case that a recovery for the plaintiff is authorized. 2. The proper standard of measurement for a […]

391 S.E.2d 787 HALL v. OKEHI. A89A2339.Court of Appeals of Georgia. DECIDED MARCH 5, 1990. BEASLEY, Judge. Hall appeals from the trial court’s grant of defendant Dr. Okehi’s motion for summary judgment in this medical malpractice action. Hall filed a complaint alleging that Dr. Okehi was guilty of medical negligence in performing an episiotomy on […]

232 S.E.2d 387 FAVORS et al. v. VINTAGE CREDIT CORPORATION. 53196.Court of Appeals of Georgia.ARGUED JANUARY 6, 1977. DECIDED JANUARY 18, 1977. DEEN, Presiding Judge. Code Ann. § 67-703 provides that a hearing on a writ of possession shall be held not less than seven days from the date the summons is served on the […]

475 S.E.2d 684 MERRITT v. THE STATE. A96A1015.Court of Appeals of Georgia. DECIDED AUGUST 29, 1996. SMITH, Judge. Dave Merritt was found guilty by a jury of the offenses of trafficking in cocaine and possession of a firearm during the commission of a felony. He appeals from the judgments of conviction and sentences entered thereon […]