See Ivy Road Properties, LLC v. First Citizens Bank & Trust Co., 311 Ga.App. 409, 410(1), 715 S.E.2d 809 (2011). See also Gilliam v. State, 240 Ga.App. 158, 159(1), 522 S.E.2d 766 (1999), citing Stephens v. State, 232 Ga.App. 738, 739(2), 503 S.E.2d 643 (1998) and Sweeney v. State, 233 Ga.App. 862, 865(4), 506 S.E.2d 150 (1998).4. Ingles Acquisition maintains that the trial court erred by denying its motions, including its motion for directed verdict because the Kemplers failed to present evidence that Ingles Acquisition committed any act or omission leading to the Kemplers' damages.

See Division 1, supra.Compare generally Braley v. State, 276 Ga. 47, 53 (30) ( 572 S.E.2d 583) (2002) (any error in failing to give charge on the lesser-included offense was rendered harmless by overwhelming evidence of defendant's guilt on the crime charged); Edwards, 264 Ga. at 133 (same); Stephens v. State, 232 Ga. App. 738, 740 (4) ( 503 S.E.2d 643) (1998) (same); Mitchell v. State, 221 Ga. App. 183, 184 (3) ( 470 S.E.2d 771) (1996) (same).See, e.g., Hall, 308 Ga. App. at 862 (2); see also Gibson v. State, 265 Ga. App. 325, 328 ( 593 S.E.2d 861) (2004); Shaw v. State, 238 Ga. App. 757, 759 (1) ( 519 S.E.2d 486) (1999).

We note that this case was tried consistent with the common and settled understanding of asportation that prevailed at the time of trial and, under the law as it then existed, our conclusion with respect to the trial court's failure to give the charge may have differed. Compare generally Braley v. State, 276 Ga. 47, 53(30), 572 S.E.2d 583 (2002) (any error in failing to give charge on the lesser-included offense was rendered harmless by overwhelming evidence of defendant's guilt on the crime charged); Edwards v. State, 264 Ga. at 133, 442 S.E.2d 444 (same); Stephens v. State, 232 Ga.App. 738, 740(4), 503 S.E.2d 643 (1998) (same); Mitchell v. State, 221 Ga.App. 183, 184(3), 470 S.E.2d 771 (1996) (same). See generally Gibson v. State, 265 Ga.App. 325, 328, 593 S.E.2d 861 (2004); Shaw v. State, 238 Ga.App. 757, 759(1), 519 S.E.2d 486 (1999).

There was evidence that the home had been burglarized previously and there was very little evidence linking the damage in the house to the Waldrops. Compare Stephensv. State, 232 Ga. App. 738, 740 (4) ( 503 SE2d 643) (1998) (overwhelming evidence of burglary where defendant was found on the property and he admitted taking items from the school); Edwards, 264 Ga. at 132 (evidence overwhelming where defendant admitted he was guilty of burglary). 4.

Littleton v. State, 225 Ga. App. 900, 902 (3) ( 485 SE2d 230) (1997). See also Stephens v. State, 232 Ga. App. 738, 739 (1) ( 503 SE2d 643) (1998). See Hewatt, supra at 551-552.

Hewatt v. State, 216 Ga. App. 550, 551-552 (2) ( 455 SE2d 104) (1995). See also Stephens v. State, 232 Ga. App. 738, 739 (1) ( 503 SE2d 643) (1998). Here, Joyner admitted entering the victim's home on the night in question.

Id. Stephens v. State, 232 Ga. App. 738, 739 (2) ( 503 S.E.2d 643) (1998). 2.

Blackburn, P.J., and Barnes, J., concur. See Stephens v. State, 232 Ga. App. 738, 740 ( 503 S.E.2d 643) (1998). DECIDED AUGUST 7, 2000.

Moreover, it is questionable whether the mistrial motion was in fact timely, as it was not made contemporaneously with the objectionable question. See Stephens v. State, 232 Ga. App. 738, 739 (2) ( 503 S.E.2d 643) (1998). Nevertheless, it is not necessary to address this issue.

Although, several questions after Woods' reference to "previous files," Tuten's attorney informed the court that he had an unspecified objection to make, the attorney did not indicate that he intended to move for a mistrial, and did not seek or obtain permission to make such motion at a later time. Stephens v. State, 232 Ga. App. 738, 739(2) ( 503 S.E.2d 643) (1998). See also Flynn v. State, 255 Ga. 415, 419(6)(a) ( 339 S.E.2d 259) (1986) ("a motion for mistrial not made contemporanously with the alleged misconduct makes the motion not timely").