2002 Applications

See printed sheet for details. There were 25 transfers from Supreme Ct to COA. 1 was transferred back to COA. NT try invoke sup ct juris by following: 5 consti, 6 equity, 4 extra. ord. rem., 5 div, 2 land, and 7? In all 6 ? NT was pro se. In 10 of 25, NT was pro se.

2002 DA

S02A0023 Linda Williams, pro se v. Conrad Marx. (at least one EE was pro se) Transfer to COA 10/09/01.

NT appeals writ of possession issued on behalf of EE. SUP sole issue is dispossessory, no juris here Citation: 251 Ga 37 (1983)

A02A0384 Dkt 10/10/01. Aff 1/17/02 Category: Land?

S02A0055 Terry Segars v. Cleland. Transfer to COA 10/22/01.

Dispute over NT's construction of house on land adjacent to EE's house and purchased by another EE, Nesbitt. NT assert equity juris. SUP underlying issues are whether NT violated applicable zoning ordinances, restrictive covenants, or created a nuisance in constructing the house, and whether liable to EEs for violations, and for failing to give notice to EE Nesbitt of EE Cleland's pending claims. These are questions of law, equitable relief merely ancillary

Citations: 271 Ga. 745 (1999). Category: Equity

Fletcher and Carley dissent

A02A0492 Dkt 10/24/01 Aff P, Rev P 5/8/02 Cert Den. 9/6/02

S02A0070 Management By Design, Inc. v. LakeviewUtilities, Inc. Transfer to COA 10/22/01.

Appeal of dismissal of mot to set aside or for new trial. SUP only issue is whether T C properly applied Eckles v. Atlanta Technology Group to case (non-lawyer corporate officer cannot represent corp. in court) Attempt invoke extraord. remedies juris. Not apply- includes only mandamus, prohibition, quo warrant and the like.

Citations: Eckles 257 ga. 801 (1997) & 176 Ga. 96 (1932)

A02A0508 Dkt 10/25/01 Dism 3/21/02 Cert Den 7/15/02

S02A0096 Miguel Ortiz v. Irwin Co. Transfer to COA 10/22/01.

appeal dismissal of mot for writ of error Coram Nobis raising claims about conviction. SUP type of crimes not invoke juris and writ of error Coram Nobis is not extra remedy

Citation: 176 Ga. 96 (1932)

No COA appeal altho prior Discr app in COA filed 9/17/01 and Denied 9/26/01

S02A (no number) City of Decatur v. DeKalb Co. Transfer to COA date?

NT sue Dekalb Co. for breach of contract which was made among municipalities and county for distribution of Homestead Options Sales and Use Tax. EE mot for judgment on pleadings argue illegal under OCGA 48-8-100 and Ga. consti. T. C. grant mot on based agreement violated language of statute; not address consti claim Sup not rule on consti question unless appears in record tc passed on that point

Citations: 223 Ga. App. 603 (1996); 215 Ga. App. 603, 604 (1) (1994)

A02A0490 Dkt 10/24/01 Aff P, Rev P 6/20/02 Cert Den 9/16/02

A02A0491 Dkt 10/24/01 Aff 6/18/02 Cert Granted 2/24/03 Rev 11/10/03 COA Rev 4/30/04

S02A0102 First Natl Bank of Polk Co. v. Carr. Transfer to COA 10/22/01.

appeal of TC judgment in favor of Ramsey in action to reform security deed of Bank over property owned by Carr and purchased by Ramsey. TC held there was a mutual mistake in description of property conveyed to bank as collateral, Carrs intentionally defrauded bank by giving incorrect or insufficient legal description, and Ramsey was bona fide purchase for value w/o notice of Bank's claim. Bank invoke equity. SUP equitable relief merely ancillary; altho mistake had equitable origins have been assimilate into the law

Citation: 271 Ga. 745.

A01A0495 Dkt 10/24/01 Dism 10/31/01

S02A0109 SASS Enterprises, Inc. v. Swift. Transfer to COA 10/22/01

EE complaint for declaratory judgment. TC order enjoined recovery of deficiencies in pre-need escrow accounts under OCGA 44 -3-134 (repealed as of July 1, 2000 and now OCGA 10-14-1 et seq, Cemetery and Funeral Services) because Secretary of State is sole entity authorized to determine status and sufficiency of escrow account. On other hand , EE may pursue recovery through arbitration for commission and assets transferred prior to sale of cemetery from EE to NT. Nt invoke equity juris - declaratory judgment or injunctive relief. SUP Question of how issue of pre-need escrow accounts may be determined is a legal not equitable question.

Citations: 224 Ga. 796 (1968) 271 ga. 745 (1999)

A01A0507 Dkt 10/25/01 Rev 6/18/02

S02A0141 Steve Wallace v. Lewis Transfer to COA 11/5/01

appeal grant of preliminary injunction preventing modifications to nt's property until a hearing on damage caused to EE's property by NT's actions which constituted a nuisance. SUP injunctive relief is ancillary to legal issue of whether NT's actions constitute a nuisance.

Citations: 271 Ga. 745 (1999) 271 Ga. 616 (1999)

A01A0578 Dkt 11/5/01 Aff 1/14/02 A01A0372 Dkt 10/09/01	Withdrawn 10/31/01

S02A0148 George Owenby v. Holley. Transfer to COA 11/5/01.

appeal denial of summary judgment to NT and grant to EE in suit for specific performance of an alleged option to repurchase property. SUP questions on appeal legal involving construction and interpretation of documents. Equitable relief merely ancillary.

Citation: 272 Ga 107 (2000).

A02A580 Dkt 11/05/01	Aff in Part, Rev in Part 6/19/02

S02A0166 Jack LaSonde, pro se v. Chase Mortgage Co. (at least one EE was pro se) Transfer to COA 11/5/01.

Appeal order dismissing two of three counts of NT's complaint (one, for tortious interference with a contract and two, abusive litigation) for failure to state a claim for which relief can be granted OCGA 9-11-12 (b) (6). No SUP juris

A02A0954 Dkt 1/10/02 Dism 02/15/02

S02A0180 Charles M. Tachdjian v. Phillips Transfer to COA 11/501.

appeal grant of mot for judgment on the pleadings for EE in claim for specific performance.

SUP equitable issues ancillary to legal issues

Citations: 272 Ga. 107 (2000) 271 Ga. 745 (1999).

A01A0581 Dkt 11/05/01 Rev & Rem 6/12/02 Cert Den 9/6/02

S02A0191 Kent Talma Churchill v Georgia Power Co. Transfer to COA 11/5/01

appeal denial of request for injunctive relief in case of construction of an express easement.

issue on appeal is construction of contract a question of law and equitable relief is merely ancillary

Citations: 271 ga. 745 (1999), 263 Ga. 66 (1993)

A02A0579 Dkt 11/05/01	Aff 4/18/02 Cert Den 9/6/02

S02A0200 Fedelin St. Jean v. State Transfer to COA 11/30/01.

appeal based on consti issue but not raised by NT until filed amended mot for new trial & mot for arrest of judgment. SUP consti attack on criminal statute cannot be raised for first time in mot for new trail or arrest of judgment

Citation 272 ga. 361 (2000)

A02A0736 Dkt 11/30/01	Aff 4/18/02

S02A0234 Robert Doster v State Transfer to COA 11/30/01

appeal of conviction and sentence on charges of kidnaping with bodily injury, aggravated assault and crim trespass on basis of juris over cases in which death penalty could have been imposed but OCGA 15-3-3 provides in kidnaping where death penalty not imposed shall be in COA. Since received life sentence no juris in Sup

A02A0735 Dkt 11/30/01	Aff 4/25/02

S02A0267 Michael Vester v. Banks Transfer to COA 2/25/02

issue on appeal is whether homeowner violated restrictive covenant prohibiting building of a modular home in the subdivision. violation of restrictive covenant is an issue of law to which grant of interlocutory injunction is ancillary.

Citations: 271 ga. 745 (1999) 263 Ga. 66 (1993)

A02A1327 Dkt 2/26/02	Aff 8/9/02 Cert Den 10/28/02

S02A0346 Clint Blount v. Chambers, pro se. Transfer to COA 1/10/02.

petition for condemnation for easement of access in alleged landlocked property. Crt order found NTs had two reasonable routes for access and public had used these routes for over 40 years. SUP because an easement is an interest in land less than fee simple title not fall within land juris

Citations 236 ga. 401 (1976); 256 Ga. 43 (1986) 238 ga. 643 (1977)

A02A0965 Dkt 1/11/02	Aff 10/1/02

S02A0401 Donald Moody v. Degges Transfer to COA 1/9/02

appeal denial of mot for summary j of NT and grant in part of EE's mot for sum j. NTs sought to obtain easement by prescription pursuant to OCGA 44-9-1 et seq. Seek equity juris. Relief sought is statutory and issue is legal in nature. Easement is not title to land juris either.

Citations 271 ga. 745 (1999) 256 Ga. 43 (1986) 238 GA. 643 (1977) 236 ga. 401, 412 (1976)

A02A0963 Dkt 1/10/02	Aff 10/08/02 Cert Den 2/10/03

S02A0409 Mildred Johnson Hopkins v. Baker Transfer to COA 1/10/02

issues on appeal legal - involve venue and standing, not title to land. Injunctive relief is ancillary.

Citations: 263 ga. 66 (1993) 261 ga. 608 (1991)

A02A0966 Dkt 1/11/02 Rev and Rem 10/15/02

S02A0417 R. B. L. Enterprises, Inc. v. Jolly Transfer to COA 1/10/02

quiet title action consolidated with a dispossessory action. NT/deft sought reimbursement from property owner under theory of unjust enrichment but tc grant sum j to property owner. SUP unjust enrichment claim is legal in nature

Citation 215 Ga. App 786, 789 (3) (1994)

A02A0964 Dkt 01/11/02 Aff 09/16/02

S02A0424 G. Douglas Dillard v. Bishop Eddie Long Ministries, Inc. Transfer to COA 1/29/02.

appeal of TC order finding EE's have an irrevocable easement to lake and dam, enjoining NT from demolition of dam, and ordering comply with EPDiv. admin. order to maintain lake water level. SUP Issue is whether EEs have an easement which is a legal issue and injunctive relief is only ancillary. Also easements not fall in title to land juris.

Citations 271 Ga. 745 (1999) 256 Ga. 43 (1986)

A01A1126 Dkt 1/30/02	Aff 10/15/02 Cert Den 2/24/02

S02A0445 William Waugh Turner, III v. Bynum. Transfer to COA 1/9/02

appeal review superior ct order appointing successor trustees for a testamentary trust established by deceased father's will Not involve construction of a will.

Citation : 208 Ga. 23 (1951)

A02A1010 Dkt 1/16/02 Aff 4/25/02

S02A0459 Mark A. Hill, pro se v. Weeks Transfer to COA 1/10/02

appeal of multiple orders in a criminal case and a civil mandamus action. SUP since mandamus be by application OCGA 41-12-8 and 267 Ga. 489 (1997) so this direct appeal on that issue is dism. criminal action claims did not involve conviction for murder so no Sup juris.

A02A0961 Dkt 1/11/02 aff/sen vac/ rem8/20/02

S02A0495 Trina Marie Brawner, pro se v. Meadows Transfer to COA 1/9/02

appeal order affirming app div of St Bd of Workers' Compensation decision denying benefits to NT. SUP no basis for juris

A01A0953 Dkt 1/10/2 Dism 10/16/02 Cert Den 4/29/02

S02A0501 Jo J. Kaplan v. Stephens Transfer to COA 01/10/02

issues on appeal specific performance and damages are questions of law related to existence of a valid enforceable contract from which availability of equitable relief flows

Citation: 272 ga. 107 (2000)

A01A0960 Dkt 1/10/02 Aff 8/29/02

S02A0509, 510, 511 Waseem Anas Daker, pro se v. The State Transfer to COA 01/10/02

appeal conviction of aggrav stalking seeking review of three orders in four NOAs including : 1) order request clerk to unseal documents and provide copies to state and defense and authorizing the state to release GDOC and GBdPP documents (2) order denying mot for out of time appeal (3) order denying mot to disqualify DA's office. NT says equity.

SUP not equity and crime convictions not within court's subj matter juris

A02A0974 Dkt 1/14/02 Withdrawn 7/9/02. A02A0975 and A976 Dkt 1/14/02 Aff 09/05/02

S02A0546 Leo Harris v. Johnson Transfer to COA 02/04/02

appeal grant of mot for sum j for EE in complaint seeking set aside year's supp award. Altho NT disputes EE's title to a tract of land , not invoke juris over title to land. Equitable issues are ancillary to legal issues.

Citations: 235 Ga. 47 (1975) , 271 Ga 745 (1999), 272 ga. 107 (2000)

A02A1170 Dkt 2/5/02 Aff 7/23/02 Cert Den 11/25/02

S02A0589 Taylor Parks v. Stepp Transfer to COA 2/4/02

appeal order rejecting claim of ejectment, find NT and EE ownership trace to common grantor, and legal description in first recorded instrument (EE's) prevails

SUP Dispute involve location of boundary line between two coterminous landowners . Equitable relief incidental to resolution of dispute

Citations: 261 Ga. 608 (1991);d 247 Ga. 4 (1981); 215 ga. 628 (1960)

Carley dissents

A02A1169 Dkt 2/5/02 Aff 3/20/03 Cert Granted 7/14/02 Aff 3/22/04

S02A0632 Michael Taylor, pro se v. Bassett Furniture Transfer to COa 2/4/02

appeal order granting EE sum j in suit asserting violation of civil rights, negligence, conspiracy to commit false imprisonment, discrimination, defamation, libel and slander. No juris

A02A1167 Dkt 2/5/02 Withdrawn 3/19/02

S02A0647 Marion Cordy v. State Transfer to COA 2/4/02

appeal convictions of armed robbery, possession of a firearm during com of a crime and possession of firearm by convicted felon, and sentence of life w/o parole plus 15 years. No invoke juris over cases in which sentence of death was or could be imposed because OCGA 15-
3-3 gives armed robbery to COA when death sentence not imposed.

A02A1166 Dkt 2/5/02	Aff 10/4/02

S02A00693 Abraham Morrison v. Derdziak Transfer to COA 2/11/02

appeal dismissal as res judicata NOA, demand for jury trial where tc in bench trial grant EE/condemnor a private easement over NT's property. SUP not title to land

S02A0699 Joyce Easterwood Holland v. Holland. Transfer to COA 2/11/03

appeal of award of assets from NT's father estate as yr's supp. assert OCGA 15-9-123, either party to civil case in prob ct has right of appeal to Sup Ct or COA as provided by Chpt 6. Title 5.

SUP statute not provide juris to Sup ct.

A02A1206 Dkt 2/11/02 Vac and rem w dir. 4/16/02

S02A0718 Pauline C. Tench, pro se v. Galaxy Appliance and Furniture Sales, Inc. Transfer to COA 3/25/02.

SUP not involve title to land or the construction of a will

A02A1529 Dkt 3/27/02 Aff 6/13/02

S02A0759 Eugene Williams v. Spann and vice versa. (At least one EE was pro se)Transfer to COA 2/22/02

S02X0760

appeal order granting sum jud to EE in action alleging fraudulent conveyance of a radio broadcasting license in which NT sought injunctive relief and imposition of a constructive trust. Underlying issues of whether conveyance of license was fraudulent and whether officer breached duties to corporation are questions of law. Equitable relief is ancillary. EE's claim involves denial of motion for sum judgment.

Citations: 271 Ga. 745 (1999) 232 Ga. App. 513 (1998)

Hunstein dissents

A02A1309 Dkt 2/25/02 Aff 11/22/02 A02A1308 related ?

S02A0782 William R. Durham v. Mathis. Transfer to COA 2/25/02

appeal of cross motions for sum jud and denial of NTs' mot for contempt and spoliation of evidence regarding the existence and alleged obstruction of certain easements over property owned by EEs. Invoke on basis of land, equity and extra remedies. SUP easement not title to land, equitable relief ancillary to legal issue of whether and to what extent an easement exists, and no extra remedy

Citations: 256 Ga. 43 (1986); 236 Ga. 401 (1976) 271 Ga. 745 (1999) and 176 Ga. 96 (1932).

A02A1326 Dkt 2/26/02 Aff in Part, Rev in Par10/25/02 Cert Den 3/28/02

S02A0832 Dawn M. Towe v. Jones Company Transfer to COA 3/11/02

appeal seek review of Workers' Comp Bd decision. invoke juris on basis of denial of due process by lower tribunals SUP not questions construction of GA or US consti. and not consti of law or consti provis.

Citation: 209 Ga. 282 (1952) 255 Ga. 449 (1986)

A02A1409 Dkt 3/12/02 Dism 3/20/02

S02A0833 Rodney Holder, pro se v. State Transfer to COA 3/11/02

appeal of speeding conviction. SUP no basis for juris.

A02A1411 Dkt 3/12/02	Aff 9/24/02

S02A0856 Ann Woodward v. Knight Transfer to COA 3/11/02

appeal order finding NTs acted in bad faith in establishing a trust with EE's funds, setting aside that trust in favor of EE's trust and enjoining them from attempting to exercise control over funds in question. invoke equity. SUP legal issue is whether NTs acted in bad faith by fraudulently converting EE's funds.

Citation: 271 Ga. 745 (1999)

A02A1410 Dkt 3/12/02	Dism 5/22/03

S02A0868 Eugene Mustipher, Jr., pro se v. Aurora Loan SErvices, Inc. Transfer to COA 3/11/02

appeal denial of mot to stay writ of possession after tc find stay in NT's bankruptcy case had been removed. SUP no juris and appeal already pending in COA Case NO. A02A0358.

Citation: 251 Ga. 37 (1983)

A02A0358 Dkt 10/04/01 Aff 5/28/02 related? A02A1408 Dkt 3/12/02	Dism 10/4/02

S02A0869 Violet Pivic v. Pittard Transfer to COA 3/25/02

action by wife indiv and as executrix of husband's estate allege civil conspiracy to commit fraud, fraud in inducement of the execution of a deed and powers of attorney, equitable cancellation of a deed. tc partial sum j. to EE since NT indiv claim for cancellation of deed was severable from estate's claim and barred by stat of limit. invoke equity juris . questions on appeal is whether claim is severable form estate's claim under 9-3-90 -95. also not title to land under 235 Ga. 47 (1975).

Citations: 271 Ga. 745 (1999) 215 Ga. App. 786 (1994)

A02A1521 Dkt 3/26/02 Aff 10/17/02 Cert Den 2/24/03

S02A0878 City of Gainesville v. Patsy Waters Transfer to COA 3/25/02

appeal of judgment on negligence and nuisance action. SUP issues to be resolved do not fall within equity juris.

Citations: 263 Ga. 66 (1993); 271 Ga. 745 (1999); 271 Ga 616 (199)

Carley dissent.

A02A1530 Dkt 3/27/02 Aff 11/22/02 Cert Den 2/24/03

S02A0960 Clarence L. Martin, P.C. v. Powers Transfer to COA3/28/02

appeal denial of mot to intervene and set aside in rem tax foreclosure sale of certain property. Transferred to COA in S00A1567 as not title to real property or equity. COA remanded in 248 Ga. App. 284 (2001) TC found due to agents fraud NT was estopped from asserting any claim in the property and therefore not address any other issues. Issue now is only is agent's fraud worked an estoppel, not equity or title issues.

Citations: 271 ga. 745 (1999) 235 Ga. 47 (1975)

A02A1564 Dkt 3/29/02 Rev and Rem 11/13/02

S02A0975 Moreton Rolleston, Jr. v. Cherry Transfer to COA 4/15/02

S02A1030 Moreton Rolleston, Jr. v. St. Paul Fire & Marine Ins. Co.

appeal order denying NT's mot for order allowing sale of real property. Invoke juris construction of Consti., equity, extra rem. SUP to extent any consti issue raised require only application of well-settle principles to facts of case , no equitable issues , not extra rem.

Citations: 255 Ga. 449 (1986); 176 Ga. 96, 99 (1932)

A02A1664 and A1665 Dkt 4/17/02	Dism 5/30/02

S02A1007 Derrick Robinson, pro se v. The State. Transfer to COA 4/15/02

appeal denial of extra. mot for new trial on conviction of armed robbery, kidnaping, and other offenses. SUP not basis for juris, no juris over armed robbery or kidnaping OCGA 15-3-3.

A02A1660 Dkt 4/16/02 Dism 5/1/02

S02A1016 Leonard H. Queen, Sr., pro se v. Lambert Transfer to COA 4/15/02

appeal denial of mot for judgment notwithstanding the verdict. invoke title to land and equity.

SUP parties do not claim a presently enforceable fee simple title to the same property. Issues to be resolved involve cancellation of deeds and fraud which are questions of law. Any equitable relief would be matter of routine once legal issues resolved.

Citations: 271 ga. 745 (1999) 263 Ga. 66 (1993)

A02A1658 Dkt 4/16/02 Aff 1/30/03

S02A1027 Charles H. Burton v. Composite State Bd of Medical Examiners. Transfer to COA 4/15/02

NT appeal tc order that it did not have subj matter juris to hear claims seeking enforcement of a consent order on grounds of promissory estoppel and double jeopardy. invoke consti. question and equity juris . SUP - merely requesting equitable relief does not invoke equity juris when underlying issues are legal questions. double jeopardy is unquestioned and unambiguous consti provision, only require application.

Citations: 271 Ga. 745 (1999); 255 Ga. 449 (1986)

A02A1657 Dkt 4/16/02 Dism 4/22/02 Cert Den 9/6/02

S02A1042 Wesley Thomas Rittenberry, pro se, v. The State Transfer to COA 4/15/02.

appeal denial of mot for out of time appeal from guilty plea to sale of cocaine for which sentence of incarceration and probation and denial of mot for appt of counsel. SUP No basis for juris.

A02A1661 Dkt 4/16/02 Rem 5/20/02

S02A1076 Roderick Wright v. Ocwen Federal Bank. Transfer to COA 4/29/02.

SUP any equitable issues involving receivership are ancillary to legal issue of whether NT's judgment lien takes priority over a non-purchase money mortgage.

Citations: 271 Ga. 745 (1999); 263 Ga. 66 (1993).

No COA?

S02A1092 Larry Brown v. The State. Transfer to COA 4/29/02

appeal of denial of new trial following conviction on charges of aggrav sodomy, rape, aggra assault, aggra sex bat, kidnaping, and false imprisonment with sentence of 35 years in prison.

seek invoke juris over crimes in which death penalty could have been imposed. SUP fail to invoke Sup juris. under OCGA 15-3-3

A02A1809 Dkt 5/9/02 Aff 3/6/03	Cert Den 6/9/03

S02A1111 Harold A. Johnson, pro se, v. Carter Transfer to COA 4/29/02

appeal denial of declaratory relief, seek declaration Florida court's foreclosure judgment was null and void and award of atty fees. Invoke title to land or equity. SUP equitable issues ancillary to legal issue of whether Ga. Court has juris over Florida judgment. Connection to a quiet title action is not sufficient for title to land juris.

Citation: 271 ga. 745 (1999)

A02A1762 Dkt 5/1/02 Aff 3/27/03 Cert Dism 12/01/03

S02A1125 Roosevelt Williams v. Williams Transfer to COA 4/29/02

SUP not within title to land or any other basis for juris

Citation: 235 Ga 47 (1975)

A02A1763 Dkt 5/1/02 Aff 2/26/03

S02A1134 Albany Surgical, P. C. v. Dept. of Community Health. Transfer to COA 5/13/02

appeal sum jud to def in NT's action for declaratory jud. SUP issue on appeal concerns validity of deft's administrative reg, TC not rule on any consti. issues

Citation: 258 Ga. 592 (1988)

A02A1836 Dkt 5/14/02 Aff and Rem w Dir 9/27/02 Cert Den 1/13/03

S02A1203 Sandy Bartley Wilbanks v. Arthur. Transfer to COA 5/13/02

appeal grant of EE's dispossessory action over NT's equitable defenses and order NT to vacate real property and refrain from interfering with NT ownership and use. SUP primary issue is not equity but legal question of whether NT was tenant at sufferance

Citation: 271 Ga. 745 (1999).

A02A1835 Dkt 5/14/02 Aff & Rem 8/29/02

S02A1293 Robert L. Rehberger, pro se v. Shekita Transfer to COA 5/28/02

appeal dism petition for writ of error coram nobis to have convcition for false imprisonment, sex bat, and simple bat set aside. SUP such writ is predecessor to extra mot fo new trial based on newly discovered evid and requisites for grant are identical. No juris

Citation: 249 Ga. 641 (1982)

A02A1921 Dkt 5/28/02	Dism 6/7/02

S02A1295 Bobby Lewis Doster v The State Transfer to COA 5/28/02

COA transfer to SUP

appeal conv for possess of amphetamine invoke juris require construction of Art 1, Sec. 1, Par XIII as it relates to a consent to search after advised of implied consent rights. SUP requires only application of well-settled consti principles

Citation: 255 ga 449 (1986)

A02A1518 Dkt 3/26/02 Aff 2/12/02

S02A1344 Calvin Mann, pro se v. The State. Transfer to COA 6/10/02

appeal denial of extra mot to vacate/set aside sent judgment as void arise from conviction for possess cocaine with intent to distribute. SUP already tranfer app for discre appeal to COA from same order S02D1226

A02A2004 vgcsa Dkt 6/10/02 Aff 2/11/03 related to A02D0324 mot to set aside dkt 5/13/02 dism 6/19/02

S02A1393 Sherry Wiley, pro se v. Girl Scout Council Transfer to COA 6/21/02

appeal grant of mot to dismiss for failure to state claim and order dism 2 def for want of prosecution. NT asserts due to vague form of discrim girls NT recruited for troop were placed in another troop and seeks damages. seek invoke extra rem juris. SUP applies only to mandam, prohib, quo warrant. and the like

Citation 176 Ga. 96 (1932)

A02A2124 Dkt 6/26/02 Dism 12/11/02

S02A1431 Walter S. Hornsby v. Hunter, III Transfer to COA 9/20/02

appeal verdict in EE's favor in NT's action to foreclose an atty's statutory lien on real property

SUP such action lies in COA, equity not invoked just cause some equitable relief sought, other issues are questions of law

Citations: 177 Ga. 504 (1933); 271 Ga. 745 (1999) 261 ga. 608 (1991); 263 Ga. 66 (1993)

A03A0243 Dkt 9/23/02	Reversed 7/16/03 Cert Den 11/17/03

S02A1464 Thomas M. Byelick v. Michel Herbelin USA, Inc. Transfer to COA 7/15/02

appeal order of civil contempt for fail to comply with order requiring posting of bond and preservation of assets and corporate recordsof opposing party or his counsel. seek juris as extra rem of injunction. SUP injunctive relief ancillary to sole issue on appeal of whether TC erred in holding NT in contempt of earlier order

Carley dissents

A02D0199 contempt Dkt 1/7/02 Dism 2/5/02; A02A1099

S02A1471 William Coker v. The State Transfer to COA 9/16/02

review of conviction and sentence of dui and driving with suspended license. seek invoke juris on basis consti of ordinance in question. SUP record reveals not consti questions. SUP will not rule on consti question unless appears clear in record TC distinctly passed on the point

Citation: 223 Ga. APP (1996)

A03A0201 dkt 9/17/02	Aff6/13/03 Cert Den 10/06/03

S02A1481 DeAnthony Walters, pro se v. The State Transfer to COA 7/15/02

appeal of revocation of 1 yr, 2 month of probation for sentence on conv of aggra assault. SUP no subj matter over aggra assault conv

A02A2265 Dkt 7/16/02	Dism7/23/02

S02A1513 Paul Washington v. The State Transfer to COA 7/15/02

appeal denial of mot for new trial on conviction fo armed robbery and sentence of 15 yr incarceration. Asserts case in which death penalty could have been imposed. SUP pursunat to OCGA 15-3-3 COA has juris over armed robbery appeals

A02A2263 Dkt 7/16/02	Aff 10/22/02

S02A1545 Edgar M. Edwards v. Heartwood II, INC. Transfer to COA ½7/03

appeal from action to set aside tax sale in which [primary issue is properety of tax sale procedures. SUP not invoke title to land or equity jurisdiction

Citations: 274 Ga. 114 (2001)

A03A1076 Dkt 1/30/03 Aff 11/14/03 Cert Den 3/1/04

S02A1552 First American Title Insurance Co v. Broadstreet Transfer to COA 7/15/02

NT seek invoke juris based on question of consti of a law and equity. SUP only involves applications of well settled consti principles. NOt equity or title to land either cause inviolve legal issue of validity of deed to secure debt

Citations: 266 ga. 657 (1996); 261 Ga. 608; 224 Ga. App. 581, 582 (1997).

Fletcher, Hunstein, Carley dissent

A02A2264 Dkt 7/16/02 Vac & Rem 4/3/03

S02A1553 Esler Walker, pro se v. Blackwell Transfer to COA 7/15/2002

SUP NT not indicate basis of juris and none appear on record.

A02A2270 Dkt 7/16/02	Aff 1/28/03

S02A1554 Lee Otis Colson v. The State Transfer to COA 7/15/02

appeal of conv for possess with intent to distribute cocaine on basis errors with regard to consit guaranteed rights and questions. SUP Not specify errors or questions and only issues with any consti effect relate to calims of erro9r in faliing to suppress evide he contends was obtained in viol of 4th ad rights and ineffective asst as guarantteed by 6th Ad. These are well settled principles of law.

Citation: 225 Ga. 449 (1986)

A02A2266 Leotis Colson Dkt 7/16/02 Aff 1/16/03 Cert Den 4/29/03

S02A1560 Contra Vest, Inc. v. City of Woodstock

S02A1561 Lake Front Homes, LLC v. City of Woodstock

S02A1562 Restaurant & Retail Developers v. City of Woodstock

NTs intervened as party deft in action by City vs Cherokee Co and Bd of Comm seeking determination of validity of an overlay zoning ordiancne and determination of what type of development would be apropriate under the ord. TC order granting injunction held that pltf had standing to sue, ord was properly adopted and ord prohibted cerain type of development

Assert equity because order = preliminary injunction. SUP injunction merely ancillary to legal issues which were interpretation of statutes and ordin at issue

Citation 271 Ga. 745 (1999)

A02A2274, dkt 7/17/02 with draw 8/16/02; 2275 dkt 7/17/02 withdraw 9/5/02; 2276 dkt 7/17/02 aff 2/14/03

S02A1576 Richard Ledford ( at least one NT pro se) v. Darter Transfer to COA 09/16/02.

appeal of TC grant of sum j to EE in NTs claim for wrongful foreclosure finding NT had no interest in the property and no standing to sue, and had defaulted under terms of promissory note and security deed held by NT thus entitle EE to foreclosure. Seek invoke land or equity juris. SUP this wrongful foreclosure action not claim in which plt asserts presently enforceable legal title against possess of def for purpose of recovering land . Not equity. Issues as to NT standing to sue, whether default under note and whether EE properly advertized foreclosure sale are questions of law. Equitable relief merely ancillary.

Citations: 235 Ga. 47 (1975) 271 Ga. 745 (1999).

A03A0209 Dkt 9/18/02 Aff 3/26/03

S02A1632 Dale Myers, pro se v. The State Transfer to COA 9/16/02

appeal denial of mot to withdraw guilty plea to armed robbery, forgery and aggrav assault. SUP see 15-3-3, not juris

A03A0205 Dkt 9/17/02 withdrawn 9/25/02

S02A1663 Toby J. Smith v. The State Transfer to COA 9/16/02

appeal from conviction of vol manslaughter SUP death penalty not and could not be imposed, NT did not raise nor trial court rule on a consti questions; no other basis of juris

Citations: 196 Ga. 473 (1943); 264 Ga. 841 (1995)

A03A0208 Dkt 9/18/02 Aff 6/19/03 Cert Den 10/20/03

S02A1676 Thomas Spencer Brown, pro se v. The State Transfer to COA 9/16/02

appeal from denial of mot to withdraw guilty plea to manslaughter and aggrav stalking SUP death penalty was and could not be imposed, not present any other basis for juris

Citation 196 Ga. 473 (1943)

A03A0200 Dkt 9/17/02 Aff 6/3/03

S02A1701 P.C. Group Acquisition I, Inc. v. Winchester Insur. Co. LTD Transfer to COA 9/16/02

SUP already transfer application for disc appeal from same order on ground it presents issues of law not equity S92D1461.

A03A0203 Dkt 9/17/02 Withdraw 12/06/02

S02A1724 Richard English, pro se, v. Lincoln Property Co. Transfer to COA 9/16/02

appeal of dismissal of suit for declaratory judgment based on NT has no standing to bring action because not a party to lease which was basis of dispossessory which led to suit. Declaratory action seek ruling eviction proceedings invalid, DeKalb court unconsti permitted it in violation of 15-19-51 (a), affidavits for dispossessory were illegal, unenforceable, and uncontis and some deft be held in contempt for practicing law without license. SUP in TC no consti questions raised and actually ruled upon

Citation 269 Ga. 127 (1998)

unclear if any of these are the transferred case: A02A1959 dkt 6/3/02 transfer to sup crt 7/25/02dism 10/28/02? A03A504, 505 EEs Atlanta Biscayne Room?

S02A1772 Akeam Beach v. The State Transfer to COA 9/16/02

appeal from denial of plea in double jeopardy after granted mistrial in original trial for statutory rape, kidnaping, child molestation, enticing a child for indecent purposes, possess marij with intent to distribute and possess firearm during comm of felony. no consti question in double jeopardy claim where application of plain provisions of consti involved

Citations: 248 Ga. 875 (1982)

A03A0202 Dkt 9/17/02	Aff 3/19/03

S02A1785 Robert Boyer v. Airington. Transfer to COA 9/16/02.

appeal of sum j in which TC determined EE had acquired valid interest in a deed to secure debt for which lot had been pledged by NT as security in action by NT seeking to have title cleared of interest claimed by EE. NT invoke title to land juris. SUP this is not an action at law in which ptf asserts presently enforceable legal title against the possession of deft for recovery of land.

Citation: 235 ga. 47 (1975)

A03A0210 Dkt 9/18/02 Aff 4/22/03

S02A1792 William D. Slaton v. Village Oaks Condo., Inc. Transfer 09/16/02

appeal summary judgment, award of damages and atty fees in counterclaim for assessment fee, and late charge and dismissal of complaint in suite vs homeowner's assn requiring assn to amend documents, provide a remedy for owners where repairs not completed timely and $1 damages , plus costs and fees. NT invoke juris based on equity and consti of condo Act 44-3-70. NT not raise consti of condo act at trial and tc did not rule on consti. Seeking injunctive relief, but tc not fashion an equitable remedy for SUP court to consider but dismissed on legal principle of failure to state a claim.

Citations: 258 Ga. 592 (1988); 271 ga. 745 (1999)

A03A0210 Dkt 9/18/02 Aff 1/10/03

S02A1810 Steve W. Green v. Floyd Transfer to COA 2/11/03

SUP not invoke title to land juris, injunction merely ancillary to resolution of legal issue, no issue concerning propriety of equitable relief raised on appeal

Citations: 235 Ga. 47 (1975) ;256 Ga. App. 359, n. 1 (2002); 271 ga. 745 (1999)

A03A1167 Dkt 2/11/03 Aff 10/30/03 Cert Den 3/1/04

S02A1812 James R. Bloodworth v. Henry Bloodworth Transfer to COA 09/16/02.

appeal sum j alleging breach of fiduciary duty and constructive fraud in sale of property in accordance with will and seek recision, accounting and damages. Invoke equity juris. SUP fraud, recision and damages are legal issues. construction of will is only incidental to other proceedings

Citations: 271 Ga. 745 (1999); 271 Ga. 276, n. 1 (1999); 208 ga. 23 (1951)

A03A0212 Dkt 9/18/02 Rev 3/20/03

S02A1884 Varon Mark Crew, pro se, v. The State Transfer to COA 09/16/02

appeal dismissal of mot to modify sentence following guilty plea and sentencing on 2 cnts child molestation. SUP no basis for juris.

A03A0204 Dkt 9/17/02 Aff 2/19/03

S02A1888 Joseph Kelly David v. The State Transfer to COA 11/6/02 Reconsideration Denied 12/9/02.

consti challenges raised have been previously addressed by this Court or resolved by well-settled principle of consti law

A02A1108 Dkt 1/29/02 Aff 5/15/03 Cert Den 10/06/03

S02A1889 William L. Adams v. Randall Transfer to COA 09/16/02.

appeal sum j grant to EE and denial to third party in suit by NT seeking constructive trust over land deeded to son and upon divorce deeded as part of settlement to EE on basis father and son had oral agreement for land to be deeded back to father. Court order held title to land might or was in issue in original divorce action and re-litigation barred by res judicata, parol evid not admissible to alter written settlement; equity not lie cause father had unclean hands in deeding title to son to mislead bank, and father has adequate remedy at law in form of breach of contract action vs son. SUP questions concerning whether EE defrauded other parties and whether a constructive trust based on a oral agreement should be created are question of law, equitable relief is ancillary, assertion of equitable defenses not invoke Court's equity juris., also not land father not assert presently enforceable legal title against EE's possession of land Any relief sought by son in form of reformation of settlement agreement was not sought in the divorce action and not basis for juris.

Citation: 271 Ga. 745 (1999); 235 Ga. 47 (1975)

A03A0199 Dkt 9/17/02 Withdraw 10/10/02

S02A1891 Manard Brown (at least one NT pro se) v. Kroger Co. Transfer to COA 2/11/03

SUP consti of 9-11-41 was not distinctly raised and ruled on in tc

Citation 273 Ga. 106 (2000)

A02A2326 Dkt 7/24/02 Tranferred to Sup Ct 8/22/02 Transferred Back, Dism 3/19/03 Cert Granted 10/06/03 Affirmed 6/7/04

There were 80 direct appeals transferred to COA by the Supreme Court. 5 of the cases were transfers back to the COA where they were originally docketed. In 23 of the 80 cases, the NTs were pro se. Issues in which NT tried to invoke Sup Ct juris: 36 equity, 15 consti, 17 land, 6 extraord remedies, 2 wills, 6 capitol offenses. In 12, the basis for juris was not clear, in each of these the NT was pro se.