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154 Ga. App. 839

Carlson v. Carlson

Court of Appeals of Georgia

Decided June 11, 1980

Court of Appeals of Georgia · decided 1980-06-11

Relies on 138 Ga. App. 555 - Campo Construction, Inc. v. Stembridge · Carter v. Lipsey · 107 Ga. App. 660 - Reserve Life Insurance Company v. Ayers

Good law ✅— No negative treatment on recordhow we know

Decided 1980-06-11

How this case has been cited

Cited by 15 later decisions — most recently November 2011

15 state decisions

501980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Smith, Judge.

¶1This 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.

¶2Appellant 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 SE2d 122).” Campo Const. v. Stembridge, 138 Ga. App. 555, 557 (226 SE2d 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.

¶3Judgment affirmed.

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