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  • Joe and James Properties, LLC v. City of Atlanta

    Publication Date: 2023-07-26
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bain, John Connolly, (Flint, Connolly & Walker, LLP), Canton, for appellant.
    for defendant: Ronald Freeman, (Johnson & Freeman, LLC), Union City, Janise Miller, (Attorney at Law), Atlanta, Bobby Hill, (The Law Office of Bobby E. Hill, Jr. LLC), Atlanta, for appellee.
    Case Number: A23A0304

    City's Failure to Provide Appraisal to Property Owner Prior to Acquiring Property Was Harmless Violation of Eminent Domain Statute

  • Irving v. The State

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Erica Austin, (South Georgia Judicial Circuit Public Defender’s Office), Bainbridge, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.
    Case Number: A23A0323

    Court reverses probation revocation order because defendant's probation had expired and was never tolled because a tolling order was never filed with the court clerk

  • Bunde v. The State

    Publication Date: 2023-06-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Head, (Attorney at Law), Sandy Springs, Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellant.
    for defendant: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, for appellee.
    Case Number: A23A0595

    Defendant Consented to Breath Test Following Vehicle Accident

  • Braselton ASC, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2023-05-29
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden, Grace Kopache, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellant.
    for defendant: Christopher Carr, Margaret Eckrote, (Attorney General), Atlanta, Marial Ellis, (Dept. of Community Health), Atlanta, Robert Rozier, Dorothy Cornwell, Brittany Sykes, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, Talis Trevino, (Holland & Knight LLP), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Caylee Noggle, (Commissioner-C/O Office of Health Planning Department of Community Health), Atlanta, for appellee.
    Case Number: A23A0522

    Court affirms award of a certificate of need to one entity where a competing entity had challenged the financial feasibility of the first entity's proposed surgical center.

  • Peace v. Butler et al.

    Publication Date: 2023-05-08
    Practice Area: Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Megan McCulloch, Atlanta, for appellant.
    for defendant: Katherine Stoff, (State Law Department), Atlanta, for appellee.
    Case Number: A23A0555

    Court vacates judgment denying unemployment benefits and remands for findings on application of rules impacted by the COVID-19 emergency

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  • Thomas et al. v. Henry County Water Authority et al.

    Publication Date: 2023-05-04
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Kimelyn Minnifield, (Attorney at Law), McDonough, for appellant.
    for defendant: Sun Choy, Wesley Jackson, (Freeman Mathis Gary, LLP), Atlanta, for appellee.
    Case Number: A23A0362

    Court reverses dismissal of car accident lawsuit against a Water Authority and its employee, concluding that plaintiff did not need to serve an ante litem notice on them

  • Hicks v. The State

    Publication Date: 2023-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A22A1188

    Court affirms convictions of rape, kidnapping, and other crimes over defendant's claims of insufficient evidence, error, and ineffective assistance of counsel

  • Estate of Suddeth v. Williams

    Publication Date: 2022-12-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: William Waters, (Ballard, Stephenson & Waters), Covington, for appellee.
    Case Number: A22A1503

    Court reverses order of contempt against an estate administrator where only the decedent had been responsible for the contemptuous conduct

  • Velazquez v. Mata

    Publication Date: 2022-12-16
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Peter Schoenthaler, Neill Wright, Christopher Rosser, (Schoenthaler Law Group), Atlanta, for appellant.
    for defendant: David Anton, (Attorney at Law), Alpharetta, for appellee.
    Case Number: A22A1356

    Court reverses JNOV order that had been in favor of a defendant in a case involving breach of fiduciary duty because evidence supported plaintiff's allegations.

  • City of Lawrenceville v. Alford

    Publication Date: 2022-12-16
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Dana Maine, (Freeman Mathis & Gary), Atlanta, Marissa Dunn, Atlanta, for appellant.
    for defendant: Larry Stewart, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A1642

    City Not Entitled to Directed Verdict on Property Owner's Nuisance Claim Relating to Storm-Water Runoff