Category: Georgia Supreme Court Opinions

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 […]

363 S.E.2d 260 ADAMS v. COBB COUNTY (two cases). ADAMS et al. v. COBB COUNTY. 74915, 74917 74916.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1987. REHEARING DENIED NOVEMBER 18, 1987. CARLEY, Judge. In 1978, the appellee-condemnor in each of these three companion cases filed a declaration of taking and paid estimated just and adequate […]

23 S.E.2d 270 CRUMMEY v. ARMOUR FERTILIZER WORKS. 29880.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1942. FELTON, J. Where a case was tried at the April term of a superior court, and the certificate of the clerk shows that the April term adjourned on April 30, and that this fact appears on the minutes […]

549 S.E.2d 806 HITCHCOCK v. JACK WIGGINS, INC. D/B/A WIGGINS PAINT AND BODY SHOP. A01A0244.Court of Appeals of Georgia. DECIDED: JUNE 5, 2001. PHIPPS, Judge. We granted the discretionary application of Wendell Hitchcock, the claimant in this workers’ compensation case, to determine if the administrative law judge was authorized to count Jack Wiggins of Wiggins […]

365 S.E.2d 498 STEWART v. THE STATE. 75739.Court of Appeals of Georgia. DECIDED JANUARY 27, 1988. BIRDSONG, Chief Judge. The appellant, Ralph Stewart, Jr., brings this appeal from an order of the trial court denying appellant’s motion to recuse the trial judge on allegations that his “impartiality might reasonably be questioned,” and that he had […]

558 S.E.2d 447 IN THE INTEREST OF B. B. S., a child. A01A2457.Court of Appeals of Georgia. DECIDED: DECEMBER 19, 2001. ANDREWS, Presiding Judge. The putative father of B. B. S. appeals from the juvenile court’s order terminating his parental rights after he failed to timely file a legitimation petition under O.C.G.A. § 15-11-96 (i). […]

112 S.E.2d 15 FULTON v. CHATTANOOGA PUBLISHING COMPANY. 37606.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1959. REHEARING DENIED OCTOBER 29, 1959. QUILLIAN, Judge. 1. The motion to dismiss the writ of error is without merit. (a) There being no necessity to consider the brief of evidence adduced on the hearing of the motion for […]

163 S.E.2d 837 LIBERTY LOAN CORPORATION OF LAKEWOOD v. LEFTWICH. 43858.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 9, 1968. DECIDED SEPTEMBER 24, 1968. JORDAN, Presiding Judge. This case has been here twice previously. Liberty Loan Corp. v. Leftwich, 115 Ga. App. 113 (153 S.E.2d 596); Leftwich v. Liberty Loan Corp., 116 Ga. App. 799 (159 S.E.2d […]

237 S.E.2d 719 SERVE v. FIRST NATIONAL BANK OF ATLANTA. 54144.Court of Appeals of Georgia.SUBMITTED JULY 11, 1977. DECIDED SEPTEMBER 9, 1977. QUILLIAN, Presiding Judge. Defendant Mary Ellen Serve purchased a 1973 Porsche 914 automobile. She obtained a loan from the plaintiff the First National Bank in the amount of $4,900 to make the purchase. […]

199 S.E.2d 317 MOORE et al. v. GREEN (two cases). 48239, 48240.Court of Appeals of Georgia.ARGUED MAY 29, 1973. DECIDED JUNE 20, 1973. DEEN, Judge. Carolyn Green, driving her co-plaintiff husband’s automobile, was hit from the rear by the defendant’s truck while stopping in a line of traffic on an interstate highway. The cases, consolidated […]

497 S.E.2d 656 DANIEL v. THE STATE. A98A0668.Court of Appeals of Georgia. DECIDED MARCH 11, 1998 — CERT. APPLIED FOR. ELDRIDGE, Judge. Mary Louise Daniel appeals a DeKalb County jury’s verdict finding her guilty of DUI — “less safe driver.”[1] In her sole enumeration of error, appellant contends that the trial court erred “when it […]

707 S.E.2d 611 IN THE INTEREST OF W. W, a child. No. A10A2003.Court of Appeals of Georgia. DECIDED MARCH 15, 2011. BARNES, Presiding Judge. The father of W. W. appeals from the order of the juvenile court finding his 13-year-old daughter deprived. The mother is not a party to this appeal. He asserts as error […]

684 S.E.2d 671 McLEOD v. CLEMENTS. No. A09A1256.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 2009. BARNES, Judge. This is the second appearance of these parties in this Court. In the first, McLeod v. Clements, 298 Ga. App. 553 (680 SE2d 602) (2009), we reversed the trial court’s grant of a declaratory judgment to Stan […]

387 S.E.2d 347 THE STATE v. FLY. A89A1001.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1989. REHEARING DENIED OCTOBER 16, 1989. BEASLEY, Judge. As a preliminary matter, appellee’s motion to dismiss the appeal is denied inasmuch as the appellant’s brief was filed on March 13, the last day permitted. Defendant was charged with the offense […]

268 S.E.2d 448 GATES v. THE STATE. 59355.Court of Appeals of Georgia.SUBMITTED FEBRUARY 4, 1980. DECIDED APRIL 15, 1980. SMITH, Judge. The judgment is affirmed in accordance with Court of Appeals Rule 36. Judgment affirmed. McMurray, P. J., and Banke, J., concur. SUBMITTED FEBRUARY 4, 1980 — DECIDED APRIL 15, 1980. Armed robbery. Fulton Superior […]

112 S.E.2d 271 PARROTT v. THE STATE. 37960.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1959. CARLISLE, Judge. 1. The evidence as to the guilt of the defendant in this case was wholly circumstantial. Accordingly, it was error, as complained of in the special ground of the motion for new trial, for the trial court […]

328 S.E.2d 422 THOMAS v. THE STATE. 69914.Court of Appeals of Georgia. DECIDED MARCH 12, 1985. BIRDSONG, Presiding Judge. The defendant, Otis Thomas, appeals his conviction for the offense of rape. The victim testified that she and her husband were not working and she was nine months pregnant. They were invited to live in the […]

411 S.E.2d 125 WELLS v. THE STATE. A91A1553.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1991. BIRDSONG, Presiding Judge. Grady Leon Wells appeals from the denial of his motion for discharge and acquittal pursuant to OCGA § 17-7-170 (b). Held: On April 1, 1990, OCGA § 15-6-3 (7) (C) was amended to reduce the terms […]

205 S.E.2d 124 GARVIN v. LOVETT. 48841.Court of Appeals of Georgia.ARGUED JANUARY 15, 1974. DECIDED FEBRUARY 5, 1974. REHEARING DENIED FEBRUARY 21, 1974. DEEN, Judge. 1. (a) The right of action of a husband for the tortious homicide of the wife under Code § 105-1306 accrues at the time of the death of the wife […]

40 S.E.2d 586 SALTER v. THE STATE. 31390.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1946. REHEARING DENIED DECEMBER 9, 1946. 1. “On the trial of all criminal cases the jury shall be the judges of the law and the facts, and shall give a general verdict of `guilty’ or `not guilty.’ Verdicts are to […]

538 S.E.2d 766 JOHNSON v. THE STATE. A00A1195.Court of Appeals of Georgia. DECIDED: AUGUST 28, 2000 MILLER, Judge. Timothy Johnson was tried before a jury and found guilty of the forcible rape of 16-year-old S. S.[1] Viewed in the light most favorable to the jury’s verdict, the evidence adduced at trial revealed that S. S. […]

387 S.E.2d 25 BROWN v. TAYLOR. A89A1389.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1989. REHEARING DENIED OCTOBER 10, 1989. BANKE, Presiding Judge. The appellant sued the appellee to recover for injuries she had allegedly sustained in an automobile accident. Pursuant to OCGA § 9-11-35, the appellee moved for an order requiring the appellant to […]

228 S.E.2d 6 LINDSEY et al. v. CRESCENT PARK, INC. 52166.Court of Appeals of Georgia.ARGUED MAY 5, 1976. DECIDED MAY 20, 1976. REHEARING DENIED JUNE 11, 1976. WEBB, Judge. 1. “On summary judgment the burden was on the defendants, as movants, to pierce the allegations of the complaint and to establish that as a matter […]

378 S.E.2d 498 WILSON v. WHEELER’S, INC. 77789.Court of Appeals of Georgia. DECIDED JANUARY 30, 1989. REHEARING DENIED FEBRUARY 10, 1989. McMURRAY, Presiding Judge. Plaintiff Wilson brought an action against Wheeler’s Inc. (“Wheeler’s”) and alleged that defendant maliciously prosecuted her for issuing a bad check. Wheeler’s denied the material allegations of the complaint and moved […]

464 S.E.2d 824 REDDING v. THE STATE. A95A1829.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1995 — RECONSIDERATION DENIED NOVEMBER 29, 1995. ANDREWS, Judge. Redding appeals from a judgment entered on a jury verdict finding him guilty on thirteen of fourteen counts of rape, aggravated sodomy, aggravated assault, burglary, robbery, armed robbery and possession of […]

651 S.E.2d 531 LINDSEY v. THE STATE. No. A07A0895.Court of Appeals of Georgia. DECIDED SEPTEMBER 5, 2007. MILLER, Judge. Following a bench trial, Paul Lindsey was convicted of possession of methamphetamine. He now appeals, asserting as error the trial court’s refusal to suppress evidence seized during the search of his truck. Finding that Lindsey’s consent […]

11 S.E.2d 507 ZACHARIAS v. THE STATE. 28539.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1940. REHEARING DENIED NOVEMBER 19, 1940. Denial of a new trial after conviction of assault and battery was not error. DECIDED OCTOBER 3, 1940. REHEARING DENIED NOVEMBER 19, 1940. Assault with intent to murder; from Monroe superior court — Judge […]

298 S.E.2d 270 JOHN BLEAKLEY FORD, INC. v. ESTES; and vice versa. 65188, 65189.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1982. DEEN, Presiding Judge. For a number of years John Bleakley Ford, Inc. located its dealership on premises owned by Estes. Since 1972 the parties have operated without a written lease. On November 9, […]

669 S.E.2d 716 MULLIS v. BIBB COUNTY. No. A08A1580.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 2008. PHIPPS, Judge. This appeal involves a dispute between Richard Mullis and his former employer, Bibb County, concerning the date on which Mullis was to start receiving monthly retirement benefits from the county. When Mullis left employment with the […]

347 S.E.2d 339 MALLARD v. JENKINS et al. 72315.Court of Appeals of Georgia. DECIDED JULY 1, 1986. BIRDSONG, Presiding Judge. Summary judgment was granted to the defendants in this case because the plaintiff had executed a general release of all claims marked prominently at the top “RELEASE OF ALL CLAIMS,” and, just above the signature, […]

480 S.E.2d 376 CARTER v. THE STATE. A96A2384.Court of Appeals of Georgia. DECIDED JANUARY 27, 1997. BEASLEY, Judge. Carter appeals his conviction of armed robbery, OCGA §16-8-41, and challenges the denial of his motion to suppress the evidence, and the admission of the evidence on Fourth Amendment grounds. The evidence showed that Carter robbed a […]

583 S.E.2d 544 NALLEY v. BALDWIN. A03A0603.Court of Appeals of Georgia. DECIDED: JUNE 17, 2003 MIKELL, Judge. We granted this application for interlocutory appeal to determine whether a consent judgment entered against the sole resident defendant/joint tortfeasor amounts to a “discharge from liability” within the meaning of the amended venue statute, OCGA § 9-10-31(b), thereby […]

285 S.E.2d 218 FLOYD v. LAMAR FERRELL CHEVROLET, INC. 62707.Court of Appeals of Georgia. DECIDED SEPTEMBER 29, 1981. QUILLIAN, Chief Judge. Plaintiff appellant Floyd appeals the grant of defendant’s motion for summary judgment. Held: Appellant commenced this action against appellee alleging that she was employed at a salary of $700 per month plus commission as […]

333 S.E.2d 158 BROCK et al. v. GUARANTY TRUST LIFE INSURANCE COMPANY. 70224.Court of Appeals of Georgia. DECIDED JUNE 28, 1985. BEASLEY, Judge. J. H. Brock, for himself and as next friend for his wife Connie, seeks to recover under an insurance policy issued by Guaranty Trust Life Insurance Company providing nursing home benefits to […]

453 S.E.2d 772 COMMITTEE FOR BETTER GOVERNMENT v. BLACK et al. A94A2727.Court of Appeals of Georgia. DECIDED JANUARY 30, 1995. BEASLEY, Chief Judge. A proceeding was instituted under OCGA § 48-5-296 to remove from office the chairman and certain members of the Cherokee County Board of Tax Assessors. 1. OCGA § 48-5-296 provides that “[w]henever […]

188 S.E.2d 235 COLLINS v. NIX et al.; and vice versa. 46843, 46844.Court of Appeals of Georgia.ARGUED JANUARY 4, 1972. DECIDED FEBRUARY 21, 1972. EBERHARDT, Judge. This is a declaratory judgment proceeding brought for the primary purpose of determining the proper manner of filling vacancies on the board of the Union County Hospital Authority. On […]

367 S.E.2d 823 LEVCO WOOD, INC. et al. v. HUDSON et al. 75203.Court of Appeals of Georgia. DECIDED MARCH 8, 1988. REHEARING DENIED MARCH 22, 1988. BEASLEY, Judge. We granted “employer” Levco Wood, Inc. and insurer American Mutual Liability Insurance Company discretionary appeal from the lower court’s affirmance of an award of the State Board […]

626 S.E.2d 202 COLUMBUS TRANSMISSION COMPANY v. MURRY. A05A2209.Court of Appeals of Georgia. DECIDED JANUARY 17, 2006. MIKELL, Judge. Freddie Murry sued Columbus Transmission Company (“Columbus”), ABC Corporation, Inc., Unidentified Corporation d/b/a Columbus Transmission Company, and Ed Dobson, asserting various claims related to the negligent repair of his van. Dobson was personally served, both in […]

409 S.E.2d 76 SECKINGER v. HOLTZENDORF et al. A91A0636.Court of Appeals of Georgia. DECIDED JULY 9, 1991. RECONSIDERATION DENIED JULY 23, 1991. SOGNIER, Chief Judge. R. L. Holtzendorf and Agnes Holtzendorf brought suit against Malcolm Seckinger and others for fraud, misrepresentation, and civil conspiracy allegedly arising out of a real estate transaction. Seckinger answered and […]

706 S.E.2d 126 PITTMAN v. THE STATE. No. A10A2106.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 2011. PHIPPS, Presiding Judge. After a jury trial, Nicholas Pittman was convicted of family violence battery[1] for kicking his brother. Pittman appeals, arguing that he lacked mental capacity to commit the offense as his behavior was “clearly attributable to […]

408 S.E.2d 137 DICKERSON v. THE STATE. A91A0550.Court of Appeals of Georgia. DECIDED JUNE 27, 1991. RECONSIDERATION DENIED JULY 9, 1991. ANDREWS, Judge. Dickerson was charged with four violations of the Georgia Controlled Substances Act[1] and convicted of one count, possession of cocaine, as a result of surveillance and search of his residence. Viewed in […]

168 S.E.2d 889 CARDELL v. THE STATE. 44364.Court of Appeals of Georgia.ARGUED APRIL 9, 1969. DECIDED JUNE 24, 1969. 1. (a) Unless there is some logical connection between the crime for which the defendant is on trial and other crimes allegedly committed by him so that proof of the latter tends to prove guilt of […]

653 S.E.2d 779 GAY et al. v. REDLAND BAPTIST CHURCH. No. A07A1515.Court of Appeals of Georgia. DECIDED OCTOBER 24, 2007. MIKELL, Judge. Sharon Gay was killed as a result of a vehicular collision that occurred on November 11, 2001, at approximately 6:37 p.m. at the intersection of Rocky Ford Road and Ousley Road in Lowndes […]

188 S.E.2d 124 DAVIDSON v. THE STATE. 46709.Court of Appeals of Georgia.ARGUED NOVEMBER 1, 1971. DECIDED FEBRUARY 17, 1972. Bell, Chief Judge. The defendant was convicted of the possession of marijuana and he appeals. Held: The defendant’s motion to suppress certain evidence in this case was overruled and he enumerates this as error. The defendant’s […]

397 S.E.2d 509 GREEN v. YOUNG. A90A1437.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1990. BANKE, Presiding Judge. On October 31, 1988, the appellant filed suit against the appellee to recover for injuries allegedly sustained in an automobile accident which had occurred on November 3, 1986. The service address furnished with the complaint was that […]

176 S.E.2d 283 ASHLEY v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. 45403.Court of Appeals of Georgia.SUBMITTED JUNE 9, 1970. DECIDED JUNE 26, 1970. HALL, Presiding Judge. Claimant appeals from the judgment of the Bibb County Superior Court affirming the award of the State Board of Workmen’s Compensation which had set aside an award of […]

379 S.E.2d 813 SNEED v. THE STATE. A89A0340.Court of Appeals of Georgia. DECIDED MARCH 9, 1989. SOGNIER, Judge. James Horner Sneed was convicted of the offense of theft by taking (motor vehicle) and he appeals. Appellant contends in his sole enumeration of error that the trial court erred by denying his motion for new trial […]

103 S.E.2d 655 CLEMENTS v. THE STATE. 37101.Court of Appeals of Georgia. DECIDED APRIL 24, 1958. In view of the whole record in this case, the court did not err in any of the rulings. DECIDED APRIL 24, 1958. Sodomy. Chatham Superior Court. Before Judge Harrison. December 20, 1957. Ralph D. Clements was indicated jointly […]

328 S.E.2d 399 OWENSBORO NATIONAL BANK v. JENKINS; and vice versa. 69265, 69364.Court of Appeals of Georgia. DECIDED MARCH 11, 1985. BEASLEY, Judge. Plaintiff Owensboro National Bank (“Bank”) brought an action seeking a writ of possession for a 1981 Buick Riviera. The complaint alleged that on May 27, 1982, automobile dealer Matthews Motors, Inc. (“Matthews […]

33 S.E.2d 20 COLEMAN v. WOODLAND HILLS COMPANY et al. 30752.Court of Appeals of Georgia. DECIDED FEBRUARY 8, 1945. The petition set forth a cause of action, and the court erred in sustaining the general demurrers and dismissing the action. DECIDED FEBRUARY 8, 1945. Complaint; from Fulton superior court — Judge Hendrix. October 2, 1944. […]

250 S.E.2d 815 HANOVER INSURANCE COMPANY v. SHARPE et al. 56412.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1978. DECIDED OCTOBER 30, 1978. REHEARING DENIED NOVEMBER 22, 1978. QUILLIAN, Presiding Judge. This is an appeal from a judgment of the superior court which reversed an award of the State Board of Workers’ Compensation (changed from State […]

316 S.E.2d 165 TERRY v. THE STATE. 67949.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1984. BANKE, Judge. On appeal from the defendant’s conviction of robbery, his appointed counsel filed a motion to withdraw and supporting brief pursuant to Bethay v. State, 237 Ga. 625 (229 S.E.2d 406) (1976). After considering the points raised in […]

401 S.E.2d 629 TOWNSEND v. THE STATE. A90A1832.Court of Appeals of Georgia. DECIDED JANUARY 31, 1991. COOPER, Judge. Appellant was convicted on July 19, 1989, and on December 2, 1989, he filed, pro se, a motion for out-of-time appeal. On February 14, 1990, the trial court entered an order which granted appellant’s motion for out-of-time […]

344 S.E.2d 258 DUFFEE v. RADER et al. WILLIAMS CONTRACTING, INC. v. DUFFEE. 71469, 71470.Court of Appeals of Georgia. DECIDED MARCH 19, 1986. REHEARING DENIED APRIL 2, 1986. BEASLEY, Judge. These two appeals arise from our grant of two applications for interlocutory review based on the denial of summary judgment in a wrongful death action […]

395 S.E.2d 349 HICKS v. THE STATE. A90A0633.Court of Appeals of Georgia. DECIDED JUNE 19, 1990. POPE, Judge. Defendant Kenneth Hicks was convicted of multiple counts of child molestation, aggravated sodomy and aggravated child molestation and appeals. 1. Defendant first argues the evidence was insufficient to sustain the convictions. “[The appellate] court does not weigh […]

323 S.E.2d 176 GEE v. CHATTAHOOCHEE TRACTOR SALES, INC. 68734.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1984. REHEARING DENIED OCTOBER 10, 1984. QUILLIAN, Presiding Judge. The defendant, George H. Gee, d/b/a Gee Farms, appeals from judgment for the plaintiff, Chattahoochee Tractor Sales, Inc., on a jury verdict. Chattahoochee sold defendant a tractor which required […]

390 S.E.2d 634 BOWENS v. THE STATE. A89A1610.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1990. BEASLEY, Judge. Bowens was indicted for the murder of his wife. OCGA § 16-5-1. Three days before scheduled trial, he pled guilty to the lesser included offense of voluntary manslaughter, OCGA § 16-5-2 (a), under authority of North Carolina […]

87 S.E.2d 219 ATLANTIC COAST LINE RAILROAD CO. v. BENNEFIELD, by next friend. ATLANTIC COAST LINE RAILROAD CO. v. BENNEFIELD. 35574, 35575.Court of Appeals of Georgia. DECIDED APRIL 14, 1955. 1. The evidence demanded a finding that the father’s action in permitting and directing his 8 1/2-year-old son to drive the father’s agricultural tractor along […]

629 S.E.2d 32 KUYKENDOLL v. THE STATE. A06A0806.Court of Appeals of Georgia. DECIDED MARCH 9, 2006. RECONSIDERATION DENIED MARCH 23, 2006. ELLINGTON, Judge. A Whitfield County jury found James Kuykendoll guilty of family violence battery, OCGA § 16-5-23.1 (a), (f), and the court sentenced him to serve ten days of a twelve-month sentence, the balance […]

95 S.E.2d 746 W. C. CAYE CO., INC. v. DAVIDSON. 36436.Court of Appeals of Georgia. DECIDED NOVEMBER 16, 1956. FELTON, C. J. The defendant’s plea alleged that he was not a resident of Wilkes County but that he was a resident of Madison County, Georgia. He further alleged “that the defendant avers that he is […]

159 S.E.2d 497 HOLLIS v. FIRST NATIONAL BANK OF ATLANTA (two cases). 43194, 43195.Court of Appeals of Georgia.SUBMITTED NOVEMBER 6, 1967. DECIDED JANUARY 15, 1968. REHEARING DENIED JANUARY 30, 1968. The petition states a cause of action against the defendant for creating a foreseeable unreasonable risk of harm to the plaintiffs in constructing and maintaining […]

711 S.E.2d 398 PARSON v. THE STATE. No. A11A0998.Court of Appeals of Georgia. DECIDED JUNE 9, 2011. McFADDEN, Judge. A jury found David Parson guilty of false imprisonment and two counts of family violence battery. Parson appeals, challenging the sufficiency of the evidence. He also argues that because the evidence was insufficient, a fatal variance […]

405 S.E.2d 510 JARALLAH v. AETNA CASUALTY SURETY COMPANY et al. A91A0896.Court of Appeals of Georgia. DECIDED APRIL 1, 1991. REHEARING DENIED APRIL 23, 1991. BANKE, Presiding Judge. The appellant sued the three appellees and a fourth defendant seeking damages for various alleged tortious acts, including interference with contract, intentional infliction of emotional distress, defamation, […]

307 S.E.2d 302 FRY et al. v. J. I. KISLAK MORTGAGE CORPORATION. 66601.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1983. CARLEY, Judge. Appellants appeal from the grant of a writ of possession to appellee. 1. Appellee’s motion to dismiss is denied. 2. The trial court failed to make findings of fact and conclusions of […]

537 S.E.2d 723 SELF v. THE STATE. A00A1033.Court of Appeals of Georgia. DECIDED: JULY 21, 2000. BLACKBURN, Presiding Judge. Following a jury trial, James Self appeals his convictions of six counts of impersonating a police officer and three counts of aggravated assault. Self contends that: (1) the evidence was insufficient to support his convictions; (2) […]

250 S.E.2d 781 ATLANTA COMMERCIAL BUILDERS, INC. v. POLINSKY et al. 56095.Court of Appeals of Georgia.ARGUED JUNE 28, 1978. DECIDED SEPTEMBER 5, 1978. REHEARING DENIED NOVEMBER 22, 1978. BANKE, Judge. The appellees, owners of a “western-wear” store, sued the appellant to recover for damage to their inventory which resulted from a fire allegedly caused by […]

469 S.E.2d 543 FREEMAN v. PITTMAN ET AL. A95A2445Court of Appeals of Georgia. DECIDED MARCH 14, 1996 — CERT. APPLIED FOR. RUFFIN, Judge. Geneva Freeman sued Thomas Pittman and his law firm (“Pittman”) for legal malpractice, alleging that Pittman failed to inform her of a lien on her property. Freeman appeals from the trial court’s […]

274 S.E.2d 141 QUINN v. SAMPLES. 60473.Court of Appeals of Georgia.ARGUED SEPTEMBER 15, 1980. DECIDED OCTOBER 21, 1980. QUILLIAN, Presiding Judge. The instant case involving a release is controlled by the decision in Daniel v. Conrad, 242 Ga. 119, 120 (249 S.E.2d 603) wherein it was held: “Where the parties to a written instrument have […]

631 S.E.2d 828 SPRADLIN v. THE STATE. A06A1122.Court of Appeals of Georgia. DECIDED JUNE 6, 2006. BLACKBURN, Presiding Judge. Following a jury trial, George Wesley Spradlin appeals his convictions of burglary and of possession of tools for the commission of a crime, contending that the evidence was insufficient to support his convictions. We disagree and […]

112 S.E.2d 356 STATE HIGHWAY DEPARTMENT v. JACKSON. 37921.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1959. 1. Under the circumstances of this case it cannot be said that the verdict of the jury is unsupported by any evidence. 2-5. None of the special grounds shows any valid reason why a new trial should be […]

81 S.E.2d 547 DANIEL v. ATLANTA NEWSPAPERS, INCORPORATED; and vice versa. 34893, 34894.Court of Appeals of Georgia. DECIDED MARCH 11, 1954. REHEARING DENIED APRIL 2, 1954. 1. The allegations of the amendments to the petition, stricken on special demurrers, were immaterial to the issues in the case as made by the overruling of the general […]

554 S.E.2d 215 AHMADI v. THE STATE. A01A1143.Court of Appeals of Georgia. DECIDED: AUGUST 13, 2001. RUFFIN, Judge. A jury found Mohammad Ahmadi guilty of one count each of aggravated assault and cruelty to children and two counts of aggravated battery.[1] Ahmadi appeals, challenging the sufficiency of the evidence supporting his convictions. We affirm. On […]

237 S.E.2d 696 WATKINS v. DEPARTMENT OF HUMAN RESOURCES. 54025.Court of Appeals of Georgia.SUBMITTED MAY 23, 1977. DECIDED SEPTEMBER 7, 1977. BELL, Chief Judge. This is an appeal from an order of the Juvenile Court of Greene County permanently terminating the appellant father’s parental rights to his three children. Held: 1. The appellant maintains that […]

383 S.E.2d 160 THORNE v. PADGETT. A89A0767.Court of Appeals of Georgia. DECIDED MAY 24, 1989. REHEARING DENIED JUNE 6, 1989. DEEN, Presiding Judge. In August of 1983 appellant Thorne and his then wife Dana Lynette Thorne (now the wife of appellee David Padgett, Jr.), were divorced, and by mutual agreement Thorne received custody of their […]

672 S.E.2d 414 GREEN v. THE STATE. No. A08A2026.Court of Appeals of Georgia. DECIDED DECEMBER 12, 2008. RECONSIDERATION DENIED JANUARY 8, 2009. JOHNSON, Presiding Judge. Thomas Green was arrested on August 5, 2005, for possession of cocaine with intent to distribute. He was not formally accused by the district attorney until January 29, 2008. On […]

54 S.E.2d 910 ATLANTIC COMPANY v. TAYLOR. 32598.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1949. The court did not err in overruling the general and special demurrers to the two counts of the petition as amended. DECIDED SEPTEMBER 10, 1949. Damages; from Albany City Court — Judge Clayton Jones. May 17, 1949. Roy L. […]

434 S.E.2d 725 WILLIAMS v. AFLAC, INC. A93A0412.Court of Appeals of Georgia. DECIDED JUNE 25, 1993. RECONSIDERATION DENIED JULY 30, 1993. BLACKBURN, Judge. AFLAC, Inc., formerly American Family Corporation, the appellee/plaintiff, brought the instant action against Peter Williams, appellant/defendant, seeking declaratory relief as to the enforceability of an agreement in which the chairman of AFLAC […]

488 S.E.2d 751 NICHOLL v. NATIONSBANK OF GEORGIA, N.A. A97A0532.Court of Appeals of Georgia. DECIDED JULY 11, 1997. JOHNSON, Judge. Grant Nicholl sued NationsBank for negligence and defamation arising out of a “true name fraud” perpetrated by a third party. The trial court granted NationsBank’s motion for summary judgment on both causes of action, but […]

305 S.E.2d 462 KERCE et al. v. BENT TREE CORPORATION. 65850.Court of Appeals of Georgia. DECIDED MAY 24, 1983. SHULMAN, Chief Judge. Appellants Kerce visited the Bent Tree Corporation development in 1971, saw lot 3141, and decided to purchase it. Both Page 729 the closing agreement and the warranty deed, however, identified the purchased property […]

305 S.E.2d 187 PORTER v. CALHOUN COUNTY. 63649.Court of Appeals of Georgia. DECIDED APRIL 29, 1983. SOGNIER, Judge. On certiorari to the Supreme Court, our earlier decision in the above case affirming the judgment of the trial court in favor of Calhoun County has been reversed. Porter v. Calhoun County, 162 Ga. App. 839 (293 […]

483 S.E.2d 370 BROWNLEE v. THE STATE. A97A0779.Court of Appeals of Georgia. DECIDED MARCH 7, 1997 — CERT. APPLIED FOR. ELDRIDGE, Judge. On September 20, 1995, appellant, Carol Brownlee, was involved in a collision on Akers Mill Road, during which she collided with a vehicle driven by Jon Alion as it exited from the Akers […]

512 S.E.2d 660 THE STATE v. GLENN. A99A0145.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1999 — CERT. APPLIED FOR. ELDRIDGE, Judge. A Mitchell County trial court granted Antonio Glenn’s motion to compel the State to reveal the identity of its confidential informant (“CI”). The trial court did so solely on the basis that the […]

420 S.E.2d 757 CRA TRANSPORTATION, INC. et al. v. ROLLS ROYCE MOTORS, INC. et al. A92A0692.Court of Appeals of Georgia. DECIDED JUNE 8, 1992. RECONSIDERATION DENIED JULY 7, 1992. POPE, Judge. Plaintiffs/appellants CRA Transportation, Inc. and Alfred R. Chouinard II brought suit against defendants/appellees Rolls Royce Motors, Inc. and Mitchell Motors, Inc. alleging, inter alia, […]

206 S.E.2d 639 CITY OF DALTON v. WEBB et al. 48855.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1974. DECIDED APRIL 17, 1974. BELL, Chief Judge. The plaintiffs, husband and wife, jointly brought this suit. The husband’s action was for loss of service and medical expenses, which allegedly resulted from a tortious injury to his minor […]

316 S.E.2d 166 ANDERSON v. THE STATE. 67763.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1984. QUILLIAN, Presiding Judge. The defendant appeals an order revoking two years of the remaining term of his probated sentence. Held: 1. It is contended that defendant’s constitutional rights were violated Page 19 because the evidence did not sustain the […]

576 S.E.2d 580 HEFNER et al. v. MAIORANA. A02A1978.Court of Appeals of Georgia. DECIDED: JANUARY 10, 2003 MIKELL, Judge. Diane E. Hefner and her husband, Scott Hefner, appeal from the judgment entered on the jury’s verdict in favor of the defendant, Suzanne O. Maiorana, in this personal injury action arising from an automobile collision. The […]

374 S.E.2d 831 POOL MARKETS SOUTH, INC. v. MOORE. 76932.Court of Appeals of Georgia. DECIDED OCTOBER 27, 1988. BEASLEY, Judge. Plaintiff Pool Markets South, Inc., sought recovery of damages for breach of a contract to construct a swimming pool for defendant Moore. After a jury trial resulting in a verdict for Moore, Pool Markets appeals […]

272 S.E.2d 537 GODBEE v. THE STATE. 60287.Court of Appeals of Georgia.SUBMITTED JULY 10, 1980. DECIDED SEPTEMBER 9, 1980. CARLEY, Judge. Appellant appeals his conviction of escape. 1. In the jury charge the following instruction was given: “The true question in all criminal cases is not whether it be possible that the conclusion to which […]

497 S.E.2d 5 McDUFFIE et al. v. ARGROVES et al. A97A2116.Court of Appeals of Georgia. DECIDED JANUARY 26, 1998 — RECONSIDERATION DENIED FEBRUARY 24, 1998. BIRDSONG, Presiding Judge. Joseph L. McDuffie and Mary Ellen McDuffie appeal the grant of summary judgment to Dorothy B. Argroves and Angela A. Hand in the McDuffies’ action for breach […]

430 S.E.2d 604 COBB COUNTY KENNESTONE HOSPITAL AUTHORITY v. MARTIN et al. A92A1976.Court of Appeals of Georgia. DECIDED MARCH 8, 1993. RECONSIDERATION DENIED APRIL 1, 1993. BIRDSONG, Presiding Judge. In this suit by appellee Martin, who alleges that he is permanently disabled from an infection acquired at Kennestone Hospital, we granted interlocutory appeal to determine […]

434 S.E.2d 528 SMITH v. THE STATE. A93A0616.Court of Appeals of Georgia. DECIDED JULY 12, 1993. RECONSIDERATION DENIED JULY 28, 1993. COOPER, Judge. Appellant was convicted by a jury of aggravated assault and armed robbery. He appeals from the judgment of conviction and sentence, raising 15 enumerations of error. The evidence reveals that appellant, a […]

302 S.E.2d 112 WAGES et al. v. THE STATE. 65633.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1983. REHEARING DENIED MARCH 2, 1983. QUILLIAN, Presiding Judge. Defendants Janice and Charles Wages, husband and wife, were jointly indicted and tried for theft by taking. The state’s case, in brief, was that Janice Wages, the secretary for […]

293 S.E.2d 719 COLSON v. THE STATE. 64287.Court of Appeals of Georgia. DECIDED JULY 13, 1982. DEEN, Presiding Judge. Gloria S. Colson was convicted of violating the Georgia Controlled Substances Act (possession of heroin). Appellant’s appointed counsel has filed a motion in this court requesting permission to withdraw and, in accordance with Anders v. California, […]