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  • Oldham et al. v. Landrum, III et al.

    Publication Date: 2022-04-19
    Practice Area: Litigation
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: Dana Maine, Mallory Ball, (Freeman Mathis & Gary, LLP), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Henry Tharpe, (Sponcler & Tharpe, LLC), Dalton, Myrece Johnson, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A1271

    Court vacates dismissal of abusive litigation complaint and remands for determination of whether real party-in-interest should be added as a plaintiff

  • Williams, III et al. v. Georgia Ports Authority et al.

    Publication Date: 2022-04-04
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Noble Boykin, (Jones, Boykin & Associates), Savannah, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Jared Campbell, Angela Cusimano, (Georgia Department of Law), Atlanta, Edgar Smith, (Morgan & Morgan, PA), Savannah, for appellee.
    Case Number: A21A1313

    Court reverses dismissal of negligence complaint against an individual, finding that he did not have Eleventh Amendment immunity under federal maritime law

  • Dunwoody Obstetrics And Gynecology, P. C., et al. v. Franklin et al.

    Publication Date: 2022-04-01
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Hanson, (Weathington LLC), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, J. Howard, Geoffrey Pope, (Pope & Howard, PC), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A21A1691

    Excluding Critical Defense Evidence as Discovery Sanction Following Last-Minute Disclosure Not Abuse of Discretion

  • Roney v. Wright

    Publication Date: 2022-03-16
    Practice Area: Civil Procedure | Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Paula McGill, (Attorney at Law), Marietta, for appellant.
    for defendant: Matthew Carlton, (Carlton Law, LLC), Decatur, for appellee.
    Case Number: A21A1508

    Court vacates order granting a motion to dismiss and remands for further proceedings in which appellant has an opportunity to present opposing evidence

  • Bell v. The State

    Publication Date: 2022-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Randal McGinley, Alexandra Stone, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A21A1215

    Court reverses convictions for second-degree murder and cruelty to children due to insufficient evidence, but affirms conviction for contributing to a minor's dependency

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    Lancaster County & Berks County Court Rules 2023

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  • Southern Piedmont Law, PC v. Pierre

    Publication Date: 2022-02-23
    Practice Area: Attorney Compensation | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jason Smith, (Attorney at Law), Winter Garden, for appellant.
    for defendant: Jionel Pierre, Peachtree City, for appellee.
    Case Number: A21A1795

    Trial Court Lacked Authority to Allow Party to Pay Judgment for Attorney Fees and Costs Over Two-Year Period

  • Britt v. The State

    Publication Date: 2022-02-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: James Smith, (District Attorney), Jefferson, Gregory Wagner, (Assistant District Attorney), Jefferson, Victoria Goff, (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A21A1695

    Court reverses and remands denial of a pro se motion to withdraw a negotiated guilty plea because defendant was not warned of post-conviction risks of proceeding pro se

  • Howard v. The State

    Publication Date: 2022-02-22
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Steven Phillips, Margaret Bullard, (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Fani Willis, Mathew Plott, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A21A1618

    Court vacates an order dismissing a grant of an out-of-time appeal to a defendant, and vacates a conviction and sentence due to merger error.

  • The State v. Gilmore

    Publication Date: 2022-02-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Leigh Patterson, Luke Martin, Morgan Bottger, (Floyd County District Attorney's Office), Rome, for appellant.
    for defendant: Sean Lowe, (Assistant Public Defender), Ringgold, Jonathan Hamrick, (Rome Circuit Public Defender Office), Rome, for appellee.
    Case Number: A20A0189

    Court reverses denial of admission of a video showing a drug purchase by a now-deceased confidential information, finding no Confrontation Clause violation

  • Baker v. The State

    Publication Date: 2022-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Brisendine, Zebulon, Patrick Baker, (Telfair State Prison), Helena, for appellant.
    for defendant: Herbert Poston, (District Attorney), Dalton, Victoria Parker, (Attorney at Law), Dalton, for appellee.
    Case Number: A21A1442

    Court vacates sentence for armed robbery and remands for both resentencing and consideration of defendant's motion to withdraw his guilty plea