2003 Applications

11 Transfers from SUP CT. 1 was transfer back to COA. 6 of 11 NTs were pro se.

try juris: 3 div/alimony, 3 habeas, 3 mandamus, 1 extra ord rem, 1 will, 2?

S03D0149 Kirk Leroy Spitzer v. Spitzer Transfer to COA 10/28/02

NT appeals tc decision in motion to modify divorce decree allege trial court impermissably retain juris of child custody issue and langauge in decree giving EE custody was surplusage. SUP Ct This is post divorce proceeding where only issue is child custody. Category: Custody

Citation: 247 Ga. 26 (1981)

A03D0099 Dkt 10/28/02	Denied 11/26/02

S03D0787 Kenneth Crane, pro se v. State Transfer to COA 03/07/02.

NT appeals denial of extra. ord. mot for new trial in burglary conviction. SUP no basis for juris.

Category: extra ord rem

A03D0260 Dkt 3/10/03	Denied 4/8/03

S03D0852 Seneca Travis v. Goldman. Transfer to COA 3/27/03

NT seek review of order holding EE in contempt of divorce decree from Washington State and ordered to pay an amount of child supp under that decree.

SUP Ct similar to other cases a suit on a foreign judgment rather than a divorce or alimony cases within meaning of Constituion

Citations: 254 Ga. 378 (1985), 263 Ga. 498 (1993) 146 Ga. App. 512 (1978) (suite to enforce decree for alimony of sister state is an action on a debt)

Category: Div or Alimony

A03D0281 Dkt 3/27/03 Denied 4/21/04

S03D0894 William Davis, pro se v. The State Transfer to COA 03/27/03. Nt appeals denial of mot to set aside void judgment (guilty plea to armed robbery and theft by shoplifting) and grant of petition for writ of mandamus seeking to force tc to rule on his mot to set aside. SUP ct Since mandamus was ruled in NT's favor and TC acted in accord ruling on the mot to set aside , NT only seeks ruling on denial of mot to set aside and therefore not mandamus and not other juris

This case was transferred by COA to Supreme Court Category: Mandamus

A03D0229 Dkt 2/10/03 Trans to Sup Ct 3/5/03 Did this become A03D0282 when transferred back?

S03D1137 Allen Todd McAfee, pro se, v. The State Transfer to COA 5/1/03

Appeal denial of mot to vacate void sentence. SUP Ct no basis for juris. Category: ?

A03D0384 Dkt 6/19/03 Dism 7/18/03

S03D1350 Joseph Clemons v. Officer Culver Transfer to COA 6/30/03

NT appeal dismissal of civil action for damages for prison officials force NT have tuberculosis inoculation vs his rights to make health care decisions. SUP Ct Suit appears to be in nature of claim under 42 USC 1983, no juris.

Citations: 262 Ga. 451 (1992) Category: Consti?

No COA App found

S03D1428 Oscar E. Adams v. State Transfer to COA 6/26/03

NT appeal denial of mot seeking credit for time service in custody prior to trial relating to his guilty pleas on possession of cocaine and sale of cocaine. SUP Ct Since filed as mot in criminal case and not as separate proceedings appears not to be habeas and therefore no juris basis

Category: Habeas

No COA App found

S03D1504 Preston D. Cooper, pro se v. The State Transfer to COA 7/14/2003

NT appeal denial of mot for production of documents and things in criminal case where NT plead guilty to aggravated child molestation and manufacturing marijuana. In application rephrased mot as petition for mandamus. SUP Ct Since not filed as separate mandamus case, and not habeas since not filed in county NT incarcerated no basis for juris

Category: Mandamus/Habeas

A03D0415 Dkt 7/14/03	Denied 8/6/03

S03D1593 Warren Skillern, pro se v. The State Transfer to COA 7/30/03.

NT sought by mandamus to have tc rule on mot for out of time appeal. TC ordered NT petition for mandamus filed and denied mot for out of time appeal. NT appeals denial of out of time appeal. TC order either appealable denial of mot for out of time appeal as either mandamus not ruled on or to extent NT attempt force ruling on mot, mandamus petition was granted. Therefore appeal in COA

Category: Mandamus

A03D0446 Dkt 8/8/03 Granted 8/14/03

S03D1727 Clarence J. Mathews, pro se v. Orr Transfer to COA 8/22/03.

appeal dismissal by tc of appeal in which sought review of probate ct order. Only issue presented on appeal is tc error in dismissing appeal for failure to pay costs. If claims were reviewed on merit might involve will itself but not issue here. Category: Will

A04D0010 Dkt 8/22/03 Granted 9/11/03

S03D1744 Laurie Bryant v. Tate Transfer to COA 9/2/03.

appeal tc ruling changing primary physical custody of children

Citation: 247 Ga 26 (1981) Category: Custody

A04D0027 Dkt 9/2/03 Dism 9/10/03

S03I0999 Harold Gore v. Floyd Transfer to COA 5/2/03 (located in COA app order book)

appeal non-final order involving default on promissory note and guaranty. SUP Ct Because case went to trial before a jury solely on counterclaim regarding enforceability of a note and guaranty and the issue of the amount of the debt from NT to respondent, not involve title to land.

A03I0294 Dkt 5/2/03 Den 5/29/03 was transfer from Supreme Court 5/2/03

A03I0226 Dkt 3/17/03 Transfer to SUP CT 4/15/03 Back to COA 5/7/03. Denied in COA 6/6/03

2003 Direct Appeals

80 Transfers from Sup Ct to COA 4 Transfers back to COA. 33 pro se. Juris issues: equity 28, land 20, consti. 18, ? 15, crime/death 6, habeas 5, extraord rem 3, will 2, div 2, election contest 1

S03A0018 Floyd D. Silcox, pro se, v. The State Transfer to COA 9/30/02

appeal denial of extra mot for new trial on conviction for child molestation. SUP CT no basis stated for juris, none evident from record.

A03A0309 Dkt 10/1/02 Dism 10/03/02

S03A0040 Carolyn Williams, pro se v. Atlanta City School Bd. Transfer to COA 9/30/02.

appeal order affirming school bd decision not to renew NT's teaching contract asserts juris basis involves 1st Ad right entitled to a de novo hearing in Federal Court. SUP Ct to extent raised consti questions in tc required only application of well-settled principles. Further TC not rule on any consti questions.

A03A0310 Dkt 10/1/02 Dism 10/10/02

Citations: 255 Ga. 449 (1986); 264 Ga. 841 (1995).

S03A0058 Frances Hambrick, pro se v. John Doe Transfer to COA 9/30/02

appeal order grant summary j to defendant insur. co. on Nt claim for uninsured motorist coverage under either OCGA 33-7-11 or policy SUP Ct no juris

A03A0308 Hambrick v. State Farm Dkt 10/01/03 Aff 3/13/03

S03A0079 Parvaz Akhtar v. Misty Ruby Partners, LLP Transfer to COA 10/15/02.

appeal final admin. order disbursing funds from court registry in specific performance case . Altho tc grant NT mot for disbursement directed clerk to hold until NT and IRS resolve IRS claim. SUP Ct no juris over underlying legal issues, equitable remedy routine.

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

A03A0418 Dkt 10/17/02	Dism 11/19/02

S03A0091 Mamun Hasan, pro se v. Howerton Transfer to COA 10/15/02

appeal tc denial filing by Nt because not meet OCGA 9-15-2 (d). Filing was action asserting prison policy requiring him to work without compensation constituted invol servitud and therefore unconsti under US Consti Ad 13. SUP Ct resolution of any consti issues require only application of well settled principles

Citation: 255 Ga. 449 (1986)

A03A0417 Dkt 10/17/02 Dism 10/22/02

S03A0097 Emeritus, LTD (pro se?) v. Watkins Lumber & Supply Co, Inc. Transfer to COA 10/15/02

appeal TC denial NT motion to set aside default judgment and for TRO and interlocutory injunction to stop foreclosure arguing EE committed fraud by serving by publication alleging equitable issues and consti questions SUP Ct altho one of NT pleadings claim unconsti of statutory publication procedure and procedure permitting liens, tc not rule on it. Equitable relief ancillary to legal question regarding propriety of notification and claim of lien.

Citations: 269 ga 127 (1998); 271 Ga. 745 (1999).

A03A0415 Dkt 10/17/02 Withdrawn 11/01/02

S03A0098 Juan Jackson, pro se v. Focus Management Co. Transfer to COA 10/15/02

appeal dismissal of state court appeal due to consent order granting a writ of possession to EE and requiring NT pay rent into court pending appeal. SUP Ct not have juris of dispossessory

Citation: 251 Ga. 37 (1983)

A03A0416 Dkt 10/17/02	Dism 1/17/03

S03A0215 State v. Eddie B. Barnett, Jr. Transfer to COA 11/25/02.

NT appeal pre-trial gag order invoking consti question juris. SUP Ct matters of well-settled law regarding def right to fair trial vs dissemination of news. Underlying action was aggravated assault and cruelty to child therefore not within Sup Ct juris

Citations: 249 Ga. 576, 578 n. 5 (1982) 255 ga. 449 (1986); 270 ga. 680, 683 (1999); 427 U.S. 539, 562 (1976).

S03A0221 Derrick Walker, pro se v. The State. Transfer to COA 11/25/02.

appeal denial of NT mot to modify sentence in conviction of invol manslaughter and concealing death. Assert habeas juris. SUP Ct this is appeal of order not habeas action. and Court not have juris of conv for invol mansl.

Citations: 196 Ga. 473 (1943)

A03A0691 Dkt 11/26/02 Dism 12/04/02

S03A0247 George Anderson, pro se v. Ford Transfer to COA 11/25/02

appeal sum j granted on basis of tax comm official immunity from suit. NT had sued comm for levy on NT bank acct for past due taxes. NT argue levy unconsti and in viol of due process rights. SUP Ct not appear that consti of a law has been drawn in question.

Citations: 255 Ga. 449 (1986)

A03A0693 Dkt 11/26/02 Aff 4/3/03

S03A0253 Charles K. Harbin v. Harbin Transfer to COA 11/25/02

appeal grant of EE mot for sum judgment as to one NT request to set aside deeds conveying property to EE. SUP Ct action to set aside deed not usually fall within land juris because opposing parties are not claiming ownership of the same property, rather NT seeks to divest title due to fraud or other reasons. Also remedies of reformation or setting aside deeds is ancillary to legal question of where there was mistake that would invalidate deeds as drafted.

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

A03A0694 Dkt 11/26/02 Aff 4/30/03

S03A0286 Barry Bearden v. Georgia Power Co. Transfer to COA 11/25/02

appeal order permitting EE right to enter NT's land to perform surveys, inspections and appraisals for planned electrical transmission line and enjoin interference. NT invoke juris on land-scope of permissible interference with title to land short of condemnation and propriety of injunc relief. SUP Ct not land not assert presently enforceable legal title vs NT possession for purpose recover land and equit. relief ancilliary to legal question of right to enter land for specific purpose.

Citations: 235 Ga. 47 (1975); 271 Ga. 745 (1999); 263 Ga. 66 (1993).

A03A0690 Dkt 11/26/02 Aff 6/26/03

S03A0301 Alice Carrell Walters v. Stewart Transfer to COA 1/27/03

NT try invoke consti and equity juris. SUP Ct no statutory provision in probate code has been challenges as unconst. case merely requires application of statute to facts . Issue is whether inter vivos giving of $50,000 intended to be advancement of son's inheritance. Not involve construction of will either. No equity. Dissent: Fletcher, Hunstein

Citations: 248 ga. app. 645, 646, n. 5 (2001); 271 Ga. 745 (1999).

A03A01079 Dkt 1/30/03 Rev 9/16/03

S03A0389 Diane Griffin v. Wallace. Transfer to COA 12/2/03

appeal tc denial of petition to enforce settlement as result of caveat to will. try invoke equity since remedy seek is specific perform. Equity not apply to spec. perform. Also not involve validity or meaning of a will.

Citations: 272 Ga. 107 (2000): 251 Ga. 461 (1983).

A03A0749 Dkt 12/5/02 Aff 4/11/03

S03A0398 John Glover, pro se v. Drabo Transfer to COA 1/13/03.

appeal judgment in suit concerning breach of lease agreement. No basis stated for juris.

A03A1010 Dkt 1/17/03 Dism 1/31/03

S03A0418, X0419 Kace Investments L.P. v. Hull Transfer to COA 1/13/03.

issue involves TC interpretation of written declaration of easements and covenants SUP Ct not title to land & injunc releif ancillary to construction of easement.

Citations: 256 Ga. 43 (1986); 271 Ga. 745 (1999); 244 Ga. App. 308 (3) (b) (2000)

A03A1012 Dkt 1/21/03 Aff 9/19/03; 1013 Dkt 1/21/03 Rev 9/19/03

S03A0456 Gary D. Turner, pro se v. First Select Corp. Transfer to COA 1/13/03

appeal order granting EE mot to amend default judgment on credit card debt based on clerical mistake. NT allege order viol. due process & eq. protect. SUP Ct any consti question required only app of well -set principles and tc not rule on any consti issues.

Citation: 255 Ga. 449 (1986); 264 Ga. 841 (1995).

A03A1008 Dkt 1/17/03 Dism 1/22/03

S03A0459 Bruce M. Greer, pro se v. Hicks Transfer to COA 1/13/03. Transferred to Sup Ct and Back

appeal dismissal of civil action for prof malpractice due to failure to attach expert affidavit. SUP Ct no issue invoke Sup Ct juris.

A03A0705 Dkt 11/27/02 Transf 12/11/02 A03A1007 Dkt 1/17/03 Dims ½3/03 A03D0075 Dkt 10/09/02 Dism 10/24/02

S03A0460 Warren McNair, pro se v. Corrections Corp. of America Transfer to COA 1/13/03

inmate appeal dismissal of civil action for fail to comply with OCGA 42-12-4 (1). SUP Ct no basis stated and none

A03A0971 Dkt 1/15/03 Dism 1/30/03

S03A0480 Byron LeFevere v. Georgia Power Co. Transfer to COA 1/14/03

appeal order that NT's conduct and statements prior to EE's filing of petition for declaratory judgment and injunc relief gave rise to a justiciable controversy, that EE had right to enter NT properties for surveys & inspections and enjoined NT from interfering with those rights. Invoke title to land. SUP Ct not land because not assert presently enforceable legal title against NT's possession for purpose recover the land. Equit relief merely ancillary to resolution of legal question of whether EE had right to enter land .

Citations: 235 Ga. 47 (1975); 271 Ga. 745 (1999); 263 Ga. 66 (1993).

no COA found

S03A0482 Atlanta Area Broadcasting, Inc. v. James Brown Enterprises, Inc.

S03A0483 Darrell Spann v. James Brown Enterprises, Inc. Transfer to COA 1/13/03

SUP Ct appeal order subject of 2 interloc. app. transferred to COA. For reasons in those cases, transfer to COA

A03A0980 Dkt 1/15/03 Rev 9/25/03; A0981 Dkt 1/15/03 Dism 3/25/03

S03A0521 John Nathan Jenkins, pro se v. The State. Transfer to COA 1/13/2003

appeal order denying mot to vacate and set aside guilty plea to non-capital criminal charges. denial was on baiss ct no author permit withdrawal of guilty plea outside term of court in which entered. SUP CT NT state not basis and find none for juris.

A03A1009 Dkt 1/17/03 Dism 1/29/03

S03A0591 Patsy Jowers Revis v. Jowers. Transfer to COA 1/27/03.

appeal grant of EE mot for sum j finding NT no interest in real property and enjoin from trespassing or harrassing EE. invoke land and extraord remedy of injunction.

SUP CT injunc relief not qualify as extra remedy, not land since EE's title lies solely in their claim that an earlier foreclosure on their interest was wrongful, equit relief was wholly dependent on resolution of underlying legal issues

Citations: 176 Ga. 96 (1933); 235 Ga. 47 (1975); 271 Ga. 745 (1999), 272 Ga. 107 (2000).

A03A1078 Dkt 1/30/03 Aff 11/06/03

S03A0614 Antoine Pitts v. The State Transfer to COA 1/27/03 after transfer to SUP Ct from COA

appeal denial of mot in arrest of judgment re: conv for disrupting public school alleging OCGA 20-2-1181 unconsti. vague. TC not rule on consti. but take evid and find guilty. SUP Ct issue not distinctly passed on.

Citation: 269 Ga. 127, 129 (6) (1998)

A03A0552 Dkt 11/5/02 Transferred to Sup Ct 12/31/02	Aff 3/13/03

S03A0615 Jeffrey Adams v. Belote. Transfer to COA 1/27/03

appeal denial of mot fo new trial on complaint for reformation and monetary damages. Claim based on unjust enrichment by self not invoke equity juris. equit relief based on legal issues resolution.

Citations: 271 Ga. 745 (1999)

A03A1077 Dkt 1/30/03	Aff 10/16/03

S03A0645 Parisian, Inc. v. Cobb Co. Bd. Tax Assessors Transfer to COA ½7/03.

appeal grant of sum j. originally case was for mandamus, injunctive relief and attorney's fee in suit allege EE subject NT to tax audit to punish for exercise right to appeal valuation regarding personal property. Claim consti right of due process and equal protect violated.

SUP Ct well settled consti principles ; equitable issues merely ancillary to legal issues

Citations: 209 Ga. 282 (1952); 255 Ga. 449 (1986) 271 Ga. 745 (1999); 224 Ga. 796 (1968).

A03A1069 Dkt ½9/03 Rev 9/5/03 Cert Den 1/20/04

S03A0662, S03X0704 William Singleton v. Terry; Terry v. Singleton Transfer to COA 3/11/03

main appeal no equity juris. cross appeal involve suite to enforce oral contract to sell land not = title to land juris.

A03A1394 Dkt 3/13/03 Aff 5/22/03 Cert Den 11/10/03; A03A1395 same as A03A1394.

S03A0694 Shawn Wells, pro se v. The State Transfer to COA 2/11/03

appeal denial of mot to modify sentence for burglary because term of court in which sentenced had expired. Since action filed in criminal case in court of conviction, not invoke habeas juris and not have juris of burglary

A03A1168 Dkt 2/11/03	Dism 2/24/03

S03A0699 Joyce Easterwood Holland v. Holland Transfer to COA 2/11/03

appeal award of year's support and assets from NT's father's estate to EE. asserts OCGA 15-9-
123 appeal to probate court as sup ct juris. SUP Ct OCGA 15-9-123 not provide exclusive juris in SUP Ct

A03A1169 Dkt 2/11/03 Withdrawn 6/30/03

S03A0727 Benjamin Johnson, pro se v. Poole Transfer to COA 2/24/03

Inmate appeals denial of filing of civil action for damages versus BD of Pardons and Paroles on decision on tentative parole date. tc based decision on absence of justiciable issue. SUP Ct not within any area of law over which Court has juris

A03A1255 Dkt 2/25/03 Dism 3/17/03

S03A0801 Ricardo Williams, pro se v. Hope Transfer to COA 3/10/03.

appeal dismissal of inmate civil action alleging negligent and false imprisonment after arrest for entering an auto and incarceration without trial for 7 months. tc found issues must be raised in habeas petition and they are barred by prosecutorial immunity. SUP Ct no issues invoke juris

A03A1377 Dkt 3/11/03 Dism 3/17/03

S03A0862 Tauqueta Properties, LLC v. Johnson Transfer to COA 3/28/03

appeal judicial determination of various boundary lines. SUP Ct not title to land, not involve quiet title action or presently enforceable legal title against the possession of EEs for purpose of recovering land.

Citations: 235 Ga. 47 (1975); 261 Ga. 608 (1991); 206 Ga. 304 (1950)

A03A1522 Dkt 3/31/03	Aff 9/12/03 Cert Den ½0/04

S03A0952; S03A0953 Amrosio Aznar Alba v. Jimenez; Diego v. Jimenez Transfer to COA 4/29/03

appeal probate ct denial of mot to dismiss petition for ancillary probate of foreign will for lack of subject matter juris and order that will be admitted to record as proven in solemn form.

SUP Ct not involve validity or meaning of will

Citations: 251 Ga. 461 (1983); 208 Ga. 23 (1951); 179 Ga. 812 (1934).

A03A1794 Dkt 5/5/03 Aff 11/25/03 Cert Pending 4/22/04; A03A1795 same as A03A1794.

S03A0960 Mark Bain ( one or at some point pro se) v. The State Transfer to COA 4/29/03

appeal order forfeit certain property of NT's to State pursuant to OCGA 16-13-49. seek invoke conti. juris, say challenge consti of statute OCGA 16-13-49. SUP Ct trial ct not rule on consti. questions

Citations: 264 Ga. 841 (1995)

A03A1812 Dkt 5/6/03 Dism 6/26/03

S03A0971 Jacqueline Watson v. Frnka (?) Transfer to COA 4/29/02

appeal order grant EE mot to dismiss NT's personal injury complaint for fail to set out facts to support tolling of statute of limit pursuant to renewal statute. SUP Ct no basis for juris.

A03A1810 Dkt 5/6/03 Aff 2/18/04; A03A1910 Dkt 5/19/03 Dism 2/18/04;

S03A0980 Stuart Partridge v. The State Transfer to COA 4/17/03

appeal on whether field sobriety test result must be suppressed when arrested suspect is informed of right to remain silent but not informed right to refuse to perform field sobriety acts that might incriminate him. SUP Ct not involve consti. juris.

255 Ga. 449 (2) (1986)

A03A1679 Dkt 4/17/03	Aff 2/17/04 Vacated and new opinion Aff Part, Rev Part, Rem w D 3/17/04

S03A1006 Robert Frank Smith, pro se v. The State Transfer to COA 4/29/03

SUP CT NT not subject to any criminal offense in Ct's juris and issues only require app of well-
settled consti principles

Citations: 255 Ga.449 (1986)

A03A1804 Dkt 5/5/03 Vac & Rem w Dir 2/9/04

S03A1029 Mike A. Redford, pro se v. Nwabude. Transfer to COA 4/29/03.

SUP Ct appeal of temp protect order; discr app already transferred to COA

A03D0279 Dkt 3/25/03 Den 4/17/03

A03A1811 Dkt 5/6/03 Dism 6/17/03 Cert Den 11/10/03 Dism 11/10/03

S03A1038, S03A1040 Jim O. McClain v. George and vice versa. Transfer to COA 9/22/03

S03A1038 was dism as moot.

S03A1040 raises only a legal issue concerning the final judgment enforcing a settlement agreement , SUP Ct no juris

Citation: 271 Ga. 745 (1999)

A04A0335 Dkt 9/30/03 Aff w Dir 6/15/04

S03A1069 Robert C. Sacks v. Jordan; S03A1070 Lamar Crump v Jordan. Transfer back and forth.

Transfer to COA 4/29/03.

order in processioning proceeding concerning boundary line between parties properties and application of OCGA 9-11-60. SUP CT processioning is not equity or title to land. Whether 9-
11-60 applies to unprotested processioning proceeding not invoke juris; also boundary line is in COA. defense of laches not invoke Sup Ct equity juris.

Citations: 221 Ga. 338 (1965); 261 Ga. 608 (1991); 271 Ga. 745 (1999)

A03A1306; 1307 Dkt 3/3/04 Transfer to Sup Ct 4/3/03Aff 2/20/04

S03A1113 Patricia Annette White (one pro se NT) v. Ga Power Co. Transfer to COA 5/5/03.

appeal order of sum j in nuisance suit (negligent operation of dam and failure to warn) for injunctive relief and damages arise from drowning of two children jump off boat ramp at River.

SUP Ct nuisance = legal issue; denial of injunc relief ancillary

Citations: 271 Ga. 616, 617 n. 2 (1999); Case No. S00A0076.

A03A1829 Dkt 5/7/03 Aff 2/18/04 Cert Den 5/24/04

S03A1116 Harold Wyatt v. Pezzin Transfer to COA 5/5/03.

appeal order granting specific performance of contr for the right of first refusal of prop to EE and order NT convey by deed title to property to EE on payment of fair market value into court registry. SUP neither grant of specific performance or cancellation of deed invokes equity juris; equitable relief was ancillary; not involve a quiet title action and not presently enforceable legal title against possession of the def for purpose of recovering land.

Citations: 272 Ga. 107, 108 (2000); 271 Ga. 745 (1999); 235 Ga. 47, 49 (1975).

A03A1828 Dkt 5/7/03 Aff 9/23/03 Cert Den 2/16/04

S03A1130 George Colbert, pro se v The State. Transfer to COA 5/5/03.

appeal denial of mot to w/draw his guilty plea or correct his sentence. SUP Ct concurrent sen to kidnaping, agg assault, armed robbery and theft by taking not invoke Sup Ct juris

Citations: 242 Ga. 657 (1978)

A03A1827 Dkt 5/6/03 Aff 11/6/03

S03A1174 Frank Wesley Wayne, pro se v. The State. Transfer to COA 5/19/03.

appeal order denying mot to modify sentence for robbery. SUP Ct not equity or consti question juris

A03A1924 Dkt 5/20/03 Dism 5/27/03

S03A1213, 1214 Bellsouth Corp v. Forsee ; Cingular Wireless Corp. v. Forsee Transfer to COA 6/9/03

issue of whether tc improperly put a time limit on arbitration process is no longer pending on appeal and therefore case not involve propriety of equit relief and equity relief is ancillary to legal issues.

Citation: 271 Ga. 745 (1999)

A03D0243 Dkt 2/17/03 Transf to Sup Ct 2/19/03

A03A2096, 2097 Dkt 6/11/03 Aff 1/29/04 Cert Den 5/24/04

S03A1223 David Fields, pro se v. The State. Transfer to COA 5/19/03.

appeal denial of mot to reconsider denial of mot to return bond money which was forfeited after failed to appear on charge of giving false name. contends forfeit violated 8 & 14 Amend of US Consti. SUP Ct mere app of well settled principles to facts of case, tc also not pass distinctly on consti questions

Citations: 209 Ga. 282 (1952); 255 Ga. 449 (1986)

A03A1926 Dkt 5/20/03 Aff 6/4/0 Cert Den 10/6/03

S03A1261 James W. Turner, pro se v. Wells Fargo Home Mortgage, Inc. Transfer to COA 6/2/03

appeal final judgment in dispossessory action SUP Ct no juris

Citation: 251 Ga. 37 (1983)

A03A2024 Dkt 6/3/03 Aff 9/26/03

S03A1264 RTS Landfill, Inc. v. Appalachian Waste Systems, LLC Transfer to COA 6/2/03

tc grant injunc relief in case where legal issue of enforceability of parties' asset purchase agreement SUP Ct equit relief was routine after resolution of legal issue

Citation: 261 Ga 608, 609 (2) (1991).

A03A2027 Dkt 6/3/03 Aff Part, Rev Part & Rem 3/29/04 Cert Pending 5/4/4

S03A1267 Philip Parker v. Clary Lakes Recreation Assn, Inc. Transfer to COA 6/2/03

SUP Ct not title to land within definition and equit relief merely ancillary.

Citations: 235 Ga. 47 (1975); 271 Ga. 745 (1999); 263 Ga. 66 (1993)

A03A2028 Dkt 6/3/03 Aff 1/8/04

S03A1269 Tyson Foods, Inc. v. Craig (one EE is pro se). Transfer to COA 6/2/03

appeal order granted to EE to determine worker's compensation claim asserting employer not entitled to a subrogation lien on settlement following an auto accident and employer's payment of worker's comp benefits to employee under Texas law. appeal because tc unconsti denied full faith and credit to Texas subrogation law and denied due process & eq. protect.

SUP Ct application of plain and unambig provisions

Citations: 255 Ga. 449 (1986).

A03A2026 Dkt 6/3/03 Aff 3/23/04

S03A1279 Ralph Keyser v. Allied Holdings, Inc. et al Transfer to COA 6/9/03

appeal mot for temp & interloc injunc relief in which T. C. held solicitation & confidentiality provisions in agreement between parties was valid and enforceable and NT violated them.

TC held proper remedy damages. Injunc relief was ancillary to legal issues

Citations: 214 Ga. App 624 (1994) 263 Ga. 66 (1994) 263 ga. 66 (1993) 261 Ga. 608 (1991)

A03A2098 Dkt 6/11/03 Rev 3/10/04

S031287 Russell Bradley v. Hazel Frank Transfer to COA 6/9/03

SUP Ct not equity, issues on appeal not involve legality or propriety of equit relief. altho case relies on settlement agreement entered in conjunction with parties divorce, case not continuation of div action

Citations: 261 Ga. 608 (1991); 272 Ga. 142 (2000)

A03A2099 Dkt 6/11/03 Aff 11/26/03 Cert Den 4/27/04

S03A1302 Tommy Pearson, pro se v. The State Transfer to COA 6/9/03

order on mot for out of time appeal claims tc fail to advise of rights including right to appeal guilty plea. Seek invoke habeas juris, but since mot filed in criminal case, not successful and not have subj matter juris over kidnaping & aggra assault.

A03A2086 Dkt 6/10/03 Aff 2/12/04

S03A1324 Johnny Frank White, pro se v. The State. Transfer to COA 6/9/03

appeal denial of mot to void judgment of consecutive sen violated 17-10-10. Seeks invoke habeas juris, but appeal is not order from habeas action

A03A2083 Dkt 6/10/03 Aff 9/30/03

S03A1347 In Re C.A.S.	Transfer to COA 7/14/03

adoption appeal NT states no basis for juris and none in record.

Can't find COA record

S03A1354 Lee Miller v. Lomax	Transfer to COA 7/14/03 Transferred back and forth COA to SUP Ct

NT appeal grant of sum j to pltf in suit for specific performance and fraud arising from transfer of assets of former husband to wife from his estate in violation of settlement agreement incorporated into div decree. SUP Ct altho tangentially involves a div, underlying suit is separate action for specific performance and fraud.

Citations: 215 Ga. App. 786 (1994)

A03A1945 Dkt 5/22/03 , Transfer to SUP Ct 5/28/03 Aff part, rev part 3/4/04

S03A1375 Beverly Headspeth v. The State Transfer to COA 8/1/03

EE motion to transfer to COA

appeal invol mans and reckless conduct conviction claiming 16-5-60 (b) is unconsti vague. SUP Ct only require app of well-settled consti principles

Citations: 270 ga. 701 (1999); 268 ga. 89 (1997); 243 Ga. 441 (1979); 255 Ga. 449 (1986).

A03A2494 Dkt 8/4/03 Aff 1/26/04

S03A1395 J.D. Friar, Jr. v. Louise Friar Transfer to COA 7/14/03

suit not title to land , EE not claim present ownership, but acknowledges title is elsewhere and seeks to divest NT's title due to fraud

Citation: 235 ga. 47 (1975)

A03A2329 Dkt 7/15/03 Rev 2/18/04

S03A1431 Jason Adam Osterhout v. The State Transfer to COA 6/30/03

appeal denial of mot for new trial of convictions for rape, false imprison, aggra assault, simple ass, possess firearm and knife during commission of crime where no death occurred so death penalty could not be imposed

Citations: 242 ga. 657 (1978)

A03A2243 Dkt 7/2/03 Aff 3/17/04

S03A1459 Raymond Brown, pro se v. Hall,

S03A1461 Brown v. Katz

S03A1463 Brown v. Smith Transfer to COA 7/14/03

appeal dismissal of civil actions vs lawyers and prison officials seek damages and other reliefs for harm in prison on basis no justiciable issue of law or fact

NT try invoke juris of 1459 complaint as quo warranto . SUP Ct quo warranto to inquire into right of person to public office the duties of which the person is performing whereas here actions more in nature of 42 USC 1983 type actions

Citations: 262 ga. 451 (1992)

A03A2336 Dkt 7/15/03 Dism 7/18/03

S03A1476 Michael T. Standridge v. Spillers Transfer to COA 7/14/03.

SUP Ct not title to land cause NT not dispute EE's record ownership of property at issue but seek set aside warranty deed based on challenge to validity of sale. Also not equit, equit relief is ancillary.

Citations: Arrington v. Reynolds.

A03A2001 Dkt 5/30/03 Aff 9/25/03

S03A1513 William Roy Bolton, III, pro se v. Amsouth Bank Transfer to COA 09/08/03

appeal dismissal action for failure to perfect service on EE. SUP Ct consti issues not rule on by TC ; no another possible basis

Citations: 264 Ga. 841 (1995)

A04A0166 Dkt 9/9/03 Aff 4/1/04

S03A1539, 1540 Abdullah Rasheed, pro se v. The State Transfer to COA 7/29/03

appeal denial of ex parte motion and motion for recordation following affirmance on appeal of conviction for armed robbery, aggra ass, and false imprisonment. No basis for juris

A03A2470 Dkt 7/31/03 Dism 2/10/04; A03A2471 Dism 8/12/03

S03A1548 Lewis Strange v. Housing Authority of Summerville. tRansfer to COA 09/08/03

appeal order granting sum j to EE and perm enjoin NT enter EE's property with the exception of rights under open meetings act. SUP Ct equit relief merely ancillary to legal questions of whether ee had right to bar NTs from property due to nature of items brought on the property and whether EE slanders NTs or violate rights under 42 USC 1983 and 1985

Citations: 271 Ga. 745 (1999)

A04A0167 Dkt 9/9/03 Aff in Part, Rev in Part 7/9/04

S03A1590 Gary Ford, pro se v. The State Transfer to COA 09/08/03

appeal denial of extra mot for new trial and mot fo discovery and dismissal of mot to vacate /set aside conviction or armed robbery. Tc on basis mot was a habeas based on claims raised and thus juris in Superior Court in which NT incarcerated. Since mots filed in criminal case not habeas, extra mot not extra remedy; not crime have subject matter juris

Citation: 176 ga. 96 (1932)

A04A0157 Dkt 9/8/03 Dism 9/16/03

S03A1595 Waddell Bynum, pro se v. Horizon Staffing, Inc. Transfer to COA 09/08/03

appeal dismissal civ action versus employer to raise either worker's comp or employ discrim claims. No issue invoke juris SUP Ct

A04A0158 Dkt 9/8/03 Aff 2/24/04 Cert NOA pending 3/24/04

S03A1627 Harold Reheis v. Baxley Creosoting and Osmose Wood Preserving Co. Transfer to COA 09/08/03.

tc held EE cannot be held personally liable for clean-up costs under 12-8-96.1 in suit by Environmental Protection Div. of DNR and that jury trial is available under statute. NT asserts action is in essence an equitable recoupment action. SUP Ct issues on appeal are legal questions concerning construction of a statute and right to jury trial based on legis interpretation and common law.

Citations: 271 Ga. 745 (1999).

A04A0170 Dkt 9/9/03 Aff Part/rev part & rem 7/1/04

S03A1656 Mary Joe Everage, pro se v. Jerri Lynn Peck (one EE pro se) Transfer to COA 09/08/03

appeal of tc finding that storage co. complied with all legal requirements in enforcing lien by auctioning off contents of Nt's storage unit and that NT failed to show she made timely payment of past due rent. NT claim involve extraord remedy and severe loss. SUP Ct not an extraord remedy within meaning of Consti and severe loss no bearing on juris.

Citation: 176 Ga. 96 (1933)

A04A0169 Dkt 9/9/03 Dism 9/15/03

S03A1660 Janice E. Fowler v. Cox: S03X1661 Cox v. Fowler Transfer to COA 8/7/03

appeal order of probate court revoking letters testamentary, ordering reimbursement to estate of excessive expenses and settling estate accounts. SUP Ct issue not involve validity or meaning of the will.

Citations: 251 Ga. 461 (1983) ;208 Ga. 23 (1951)

A03A2530 Dkt 8/17/03 Aff 12/19/03

S03A1667 Valencia Alarcon, pro se v. Adams (one of the EE's is pro se) Transfer to COA 09/08/03

appeal order for issuance of a writ of possession. SUP CT NT not claim she has title to the property at issue so just a dispossessory action not within Sup Ct juris

Citation: 251 Ga. 37 (1983)

A04A0168 Dkt 9/9/03 Aff 2/2/04 Cert Den 5/3/04

S03A1668 Travis Harper v. Harper. Transfer to COA 09/08/03

appeal involve action for specific performance and a claim for quantum meruit. Questions are legal ones regarding existence of a valid, enforceable contract or procedural regarding compulsory counterclaims. Equitable relief would flow from resolution of legal issues.

Citation: 272 ga. 107 (2000)

A04A0164 Dkt 9/9/03 Aff 5/24/04

S03A1722 Charles Harper, pro se v. The State. Transfer to COA 09/08/03.

appeal denial of mot for out of time appeal of convictions to vol mans, aggrav assault, and crim attempt to commit armed robbery. altho indicted for murder, plead guilty to vol mans and therefore no basis for juris.

A04A0156 Dkt 9/8/03 Aff 1/29/04

S03A1734 Oscar Tony Warren v. The State Transfer to COA 09/08/03

appeal conv for agg assault, armed robbery, kidnaping, rape, sodomy, hijacking motor vehicle, fleeing reckless driving and obstruction of officers sentenced to life without parole . Under 15-3-
3 not capital felonies.

Citations: 239 ga. 400 (1977); 253 ga. 524 (1984)

A04A0159 Dkt 9/8/03 Aff 1/8/04

S03A1736 John Blake v. RGL Associates, Inc. Transfer to COA 09/08/2003.

appeal judgment for EE on whether EE had vested easement over land owned by NT. SUP Ct not title to land or equity. Easement is interest less than fee simple. equit relief wholly dependent on resolution of legal issues, not equity.

Citations: 236 ga. 401, 412 (1976); 256 ga. 43 (1986); 238 ga. 643 (1977); 271 ga. 745 (1999); 272 Ga. 107 (2000).

A04A0165 Dkt 09/09/03 Aff 6/8/04

S03A1737 Ronald Guyton Johnson v. Edward Zell Moody Transfer to COA 10/20/03

appeal grant of sum j to AgSouth Farm Credit contending tc ruled incorrectly that AgSouth assigned a mortg securing a negotiable instrument to Moody , a co-obligor with Johnson on the debt. SUP CT not a title to land case 'cause not involve assertion of presently enforceable legal title against posses of a party for recovery of land. Equit remedy sought, cancellation of security deed out of AGSouth to Moody is ancillary and would be routine once legal issues are resolve d

Citations: 224 ga. app. 581 (1) (1997); 271 ga. 745, 747-78 (1999); 261 ga. 608, 609 (1991)

A04A0470 Dkt 10/22/03 Rev 5/24/04

S03A1789 Andrea Bounds v. Coventry Green Homeowners' Assn, Inc. Transfer to COA 10/20/03. appeal grant of perm. injunctive relief to EE alleging tc improperly excluded evid. SUP Ct no issue raised regarding propriety of injunc. relief granted or the court's weighing of the equities. Sole issue is legal.

Citation: 271 Ga. 745 (1999)

A04A0469 Dkt 10/22/03 vac & rem6/23/04

S03A1815 Kathie Kulikowski, pro se v. Crescent Heights Lenox, Inc. Transfer to COA 09/04/2003

appeal grant of sum j to EE in NT breach of contract and fraud action on basis claims were or could have been raised in earlier disposs action filed by EE. NT assert consti rulings of OCGA 44-3-87 unconsti, but not appeal raise or ruled on by superior court. not title to land not arise from quiet title action and not an action at law as ejectment etc. not equity as equit relief sought merely ancillary

Citations: 264 Ga. 841 (1995); 235 ga. 47 (1975); 271 ga. 745 (1999)

A04A0145 Dkt 9/5/03 Aff 12/16/03 Cert Den 4/27/04

S03A1858 Channing Ruskell v. Stone transfer to COA 09/22/03

appeal order granting intervenor's motion for attorney fees. seek invoke election contest juris because fee arose from an election contest case. no substantive issues involving the election contest to be resolved, so no juris.

A04A0337 Dkt 9/30/03 Dism 10/03/03

S03A1859 Fred Masters v. Redwine Transfer to COA 09/22/03

appeal of judgment on specific performance of contract for transfer of land claim.

Not a quiet title action. Equit relief dependent on resolution of legal issue.

Citation: 235 Ga. 47 (1975); 272 Ga. 107 (2000); 271 Ga. 745 (1999).

A04A0336 Dkt 9/30/03 Rev 6/28/04 CERT NOA 8/4/04

S03A1865 Georgetown Mortgage, Inc. v. Ohio Ins. Co. Tranfer to COA 11/10/03

appeal grant of interloc injunc to stay proceedings pending adjudication of declaratory judgment . prayer for injunc relief under declaratory judgment act is in effect an application for stay until rights in controversy can be decreed and not one for equitable relief

Citation: 204 ga. 67 (1948)

A04A0638 Dkt 11/14/03 Aff 5/7/04