State v. Upton, 287 S.E.2d 263 (Ga. Ct. App. 1981). · Go Syfert
State v. Upton, 287 S.E.2d 263 (Ga. Ct. App. 1981). Cases Citing This Book View Copy Cite
41 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Venetian Hills Apartments, LLC v. Marie Hughes, as Authorized Administrator for the Estate of George Hughes (gactapp, 2025-10-31)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 20 distinct citers.
discussed Cited as authority (rule) Venetian Hills Apartments, LLC v. Marie Hughes, as Authorized Administrator for the Estate of George Hughes
Ga. Ct. App. · 2025 · confidence medium
We disagree. 3 Under OCGA § 9-11-50 (a) - (b), a motion for judgment n.o.v. must be granted when “there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict.” Conversely, if “there is conflicting evidence, or there is insufficient evidence to make a ‘one-way’ verdict proper, judgment n.o.v. should not be awarded.” (Citation omitted.) Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981).
cited Cited as authority (rule) Atlantic Coast Cable, Inc. v. Mallory
Ga. Ct. App. · 2000 · confidence medium
Bryant v. Colvin, 160 Ga. App. 442, 445 ( 287 SE2d 238 ) (1981).
discussed Cited as authority (rule) Ogletree v. Navistar International Transportation Corp.
Ga. · 1999 · confidence medium
Moreover, even if the facts in a case are entirely uncontradicted and uncontroverted, where “ ‘there is room for difference of opinion between reasonable men as to whether or not negligence should be inferred, the right to draw the inference is peculiarly within the exclusive province of the jury.’ [Cits.]” Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981).
discussed Cited as authority (rule) Lister v. Scriver
Ga. Ct. App. · 1995 · confidence medium
And this approach governs the actions of appellate courts as well as trial courts.’ Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981). ‘ “While it is erroneous for a court to direct a verdict in favor of a particular party to the cause where there is an issue of fact, when the proved facts, viewed from every possible legal point raised by the evidence, would sustain no finding other than the one directed, i.e., where there is no issue of fact, then it is error to refuse to direct an appropriate verdict.
discussed Cited as authority (rule) Goggin v. Goldman
Ga. Ct. App. · 1993 · confidence medium
And this approach governs the actions of appellate courts as well as trial courts.” Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981).’ Miller & Meier & Assoc. v. Diedrich, 174 Ga. App. 249, 250 ( 329 SE2d 918 ) (1985).
cited Cited as authority (rule) Three Notch Electric Membership Corp. v. Simpson
Ga. Ct. App. · 1993 · confidence medium
Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ).
discussed Cited as authority (rule) City of Atlanta v. Metropolitan Atlanta Rapid Transit Authority (2×)
Ga. Ct. App. · 1992 · confidence medium
Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ).
examined Cited as authority (rule) Denson v. City of Atlanta (4×)
Ga. Ct. App. · 1991 · confidence medium
And this approach governs the actions of appellate courts as well as trial courts."' [Cit.]" Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981).
discussed Cited as authority (rule) Famiglietti v. Brevard Medical Investors, Ltd.
Ga. Ct. App. · 1990 · confidence medium
And this approach governs the actions of appellate courts as well as trial courts.’ Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981).” Miller & Meier & Assoc. v. Diedrich, 174 Ga. App. 249, 250 ( 329 SE2d 918 ) (1985).
discussed Cited as authority (rule) Stone v. Cook
Ga. Ct. App. · 1989 · confidence medium
Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981); Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 159 (1) ( 256 SE2d 916 ) (1979); Pendley v. Pendley, 251 Ga. 30, 31 ( 302 SE2d 554 ) (1983).
discussed Cited as authority (rule) City of Fairburn v. Cook (2×)
Ga. Ct. App. · 1988 · confidence medium
Viewing the evidence in the light most favorable to appellee, the party who secured the jury verdict, Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981), one witness testified about the minutes to a city council meeting he had attended at which a motion was made that a traffic signal at the corner of the intersection “should be installed so as to be in view from under the underpass.” Other testimony was presented from the city administrator whose job it was to manage the daily affairs of the City, the superintendent of utilities for the City who was head of the department resp…
cited Cited as authority (rule) Davis v. Charter By-The-Sea, Inc.
Ga. Ct. App. · 1987 · confidence medium
Assn. of Waycross v. Connell, 166 Ga. App. 329, 330 (1) ( 304 SE2d 131 ) (1983); Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981).
discussed Cited as authority (rule) Miller & Meier & Associates v. Diedrich
Ga. Ct. App. · 1985 · confidence medium
And this approach governs the actions of appellate courts as well as trial courts.” Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981). “ ‘While it is erroneous for a court to direct a verdict in favor of a particular party to the cause where there is an issue of fact, when the proved facts, viewed from every possible legal point raised by the evidence, would sustain no finding other than the one directed, i.e., where there is no issue of fact, then it is error to refuse to direct an appropriate verdict. [Cits.] Further, in giving consideration to a motion for judgment notwi…
discussed Cited as authority (rule) Davis v. Ramey (2×)
Ga. Ct. App. · 1985 · confidence medium
Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981); Pendley v. Pendley, 251 Ga. 30, 31 ( 302 SE2d 554 ) (1983).
discussed Cited as authority (rule) OGLETHORPE REALTY COMPANY, INC. v. Hazzard
Ga. Ct. App. · 1984 · confidence medium
Viewing the evidence in a light most favorable to appellee as the party who secured the jury verdict, see Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981), we hold that some evidence existed to support the verdict.
cited Cited as authority (rule) Atlantic Building Systems, Inc. v. Atlantic States Construction Co.
Ga. Ct. App. · 1984 · confidence medium
And this approach governs the actions of appellate courts as well as trial courts. [Cit.]” Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981).
cited Cited as authority (rule) Continental Grain Co. v. Farmers Gin & Storage Co.
Ga. Ct. App. · 1983 · confidence medium
See in this connection Church’s Fried Chicken v. Lewis, 150 Ga. App. 154, 159 (1) ( 256 SE2d 916 ); Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ).
cited Cited as authority (rule) Parsons v. Ponder
Ga. Ct. App. · 1982 · confidence medium
Bryant v. Colvin, 160 Ga. App. 442, 444 ( 278 SE2d 238 ) (1981).
cited Cited "see" Robinson v. Western International Hotels Co.
Ga. Ct. App. · 1984 · signal: see · confidence high
See generally Bryant v. Colvin, 160 Ga. App. 442 ( 287 SE2d 238 ) (1981). 2.
cited Cited "see, e.g." Baumann v. Snider
Ga. Ct. App. · 2000 · signal: see also · confidence medium
See also Bryant v. Colvin, 160 Ga. App. 442, 444 ( 287 SE2d 238 ) (1981). 3 The Baumanns claimed damage from surface water discharge onto their property.
STATE OF GEORGIA
v.
UPTON
62416.
Court of Appeals of Georgia.
Oct 26, 1981.
287 S.E.2d 263
W. Bryant Huff, District Attorney, Johnny R. Moore, Assistant District Attorney, for appellant., Sidney L. Nation, Don G. Gaskill, for appellee.
Carley.
Published
Carley, Judge.

The state attempts to appeal from the denial of a motion for “a protective order in regard to the answering of certain interrogatories and the taking of a deposition of Farhang Mansour.” Code Ann. § 81A-126 (c) provides that a protective order may be sought by a party to the action or by the person from whom discovery is being sought. The record in the instant case demonstrates that the discovery being sought of Mr. Mansour is for use in a civil action which has been instituted against him by Upton. Mr. Mansour has filed no notice of appeal from the denial of the protective order and the record before us demonstrates that the state is not a party to the civil action in which the order appealed from was entered. Thus, the instant appeal is being pursued by one who was neither a party to the case below nor the person from whom discovery was sought. Accordingly, the appeal is dismissed for lack of standing. “ ‘It will be accepted as elementary, that no person is entitled to prosecute a writ of error for the reversal of a judgment, unless that person was a party to the proceeding in which the judgment complained of was rendered.’ [Cits.]” Gates v. Rutledge, 151 Ga. App. 844 (261 SE2d 757) (1979).

Appeal dismissed.

Deen, P. J., and Banke, J., concur.