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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

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Cartersville Medical Center, LLC d/b/a Cartersville Medical Center v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Mariana Melendez, (Brinson, Askew, Berry, Rich, Seigler, Richardson), Rome, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, for appellant.
    for defendant: Julius Peek, Benjamin Stell, (McRae Smith Peek Harman & Monroe LLP), Rome, Armando Basarrate, Elizabeth Kitchens, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, for appellee; Christopher Carr, Stacey Hillock, Daniel Walsh, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta,
    Case Number: A22A0804

    Court reverses superior court order that rejected the Department of Health's decision to grant an application for a Certificate of Need for a new neonatal care unit

  • The State v. Bobby Lee Fish

    Publication Date: 2022-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Luana Nolen, (Douglas County District Attorney’s Office), Douglasville, Flynn Broady, Linda Dunikoski, (Cobb County District Attorney’s Office Cobb County Courthouse), Marietta, for appellant.
    for defendant: Steven Cook, (Attorney at Law), Marietta, for appellee.
    Case Number: A22A0920

    Court affirms order granting a motion to suppress evidence seized during a traffic stop that was unlawfully prolonged by an officer

  • Fluker v. State

    Publication Date: 2022-10-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Leigh Patterson, Finnis Salmon, Ashley Cox, (District Attorney), Rome, for appellee.
    Case Number: A22A1146

    Trial Counsel Was Not Ineffective For Failing to Secure Testimony From Surgeon as to How Many Bullets Struck Victim

  • Johnson v. Cordtz et al.

    Publication Date: 2022-10-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Larry Johnson, (Johnson Legal Offices L.L.C), Atlanta, for appellant.
    for defendant: Richard Alembik, (Richard S. Alembik, P.C.), Decatur, Thomas Clyde, Kurtis Anderson, (Kilpatrick Townsend & Stockton LLP), Atlanta, Orion Webb, (Smith, Welch, Webb & White, LLC), Stockbridge, Shimshon Wexler, (S Wexler, LLC), Atlanta, for appellee.
    Case Number: A22A0892

    Court affirms striking of a plaintiff's action pursuant to the Anti-SLAPP statute because defendant's actions were protected speech

  • Alvarado v. The State

    Publication Date: 2022-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Noah Pines, (Ross & Pines), Atlanta, Andrew Fleischman, (Ross & Pines), Sandy Springs, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, Christopher DeNeve, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: A22A0882

    Court affirms convictions for rape and child molestation over defendant's evidentiary challenges and contentions of ineffective assistance of counsel