From Casetext: Smarter Legal Research

Carlson v. Carlson

Court of Appeals of Georgia
Jun 11, 1980
154 Ga. App. 839 (Ga. Ct. App. 1980)

Opinion

59500.

ARGUED FEBRUARY 5, 1980.

DECIDED JUNE 11, 1980.

Accounting, etc. Glynn Superior Court. Before Judge Scoggin, Senior Judge.

Neal G. Gale, Robert P. Killian, for appellant.

David H. Fritts, for appellee.


This is an action for an equitable accounting and assumpsit for money had and received as well as the setting aside of certain deeds to property held by appellant. Appellant brings this appeal from the denial of her motion for a new trial and an adverse jury verdict of $58,000. The sole issue presented by this appeal is whether the verdict is "unreasonably and greatly in excess of the evidence." We affirm.

Appellant contends that only $31,400 of the ward's money was proven to have been received by her. However, there was evidence to the effect that most, if not all, of the money which flowed to the ward during the period of time in question was given by him to appellant and that this amounted to more than $60,000. "Where the judgment of the trial court awards damages within the range of the conflicting testimony, this court will not reverse the judgment of the trial court on the ground the judgment was excessive. Reserve Life Ins. Co. v. Ayers, 107 Ga. App. 660 (3) ( 131 S.E.2d 122)." Campo Const. v. Stembridge, 138 Ga. App. 555, 557 ( 226 S.E.2d 797) (1976). See Carter v. Lipsey, 70 Ga. 417 (4) (1883). As there was sufficient evidence to support the verdict, appellant's enumerations of error are without merit.

Judgment affirmed. McMurray, P. J., and Banke, J., concur.


ARGUED FEBRUARY 5, 1980 — DECIDED JUNE 11, 1980.


Summaries of

Carlson v. Carlson

Court of Appeals of Georgia
Jun 11, 1980
154 Ga. App. 839 (Ga. Ct. App. 1980)
Case details for

Carlson v. Carlson

Case Details

Full title:CARLSON v. CARLSON

Court:Court of Appeals of Georgia

Date published: Jun 11, 1980

Citations

154 Ga. App. 839 (Ga. Ct. App. 1980)
270 S.E.2d 65

Citing Cases

Williamson v. Strickland

(Citations and punctuation omitted.) Carlson v. Carlson, 154 Ga. App. 839 ( 270 SE2d 65) (1980). See also…

Choi v. Wan

[Cit.]' [Cits.]" Carlson v. Carlson, 154 Ga. App. 839 ( 270 S.E.2d 65) (1980). 6. Appellant's remaining…