• Vazemiller et al. v. Sanders

    Publication Date: 2021-08-19
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Turner, (Schulten Ward & Turner, LLP), Atlanta, Kevin McDonough, (Attorney at Law), Cumming, Deborah Pittman, (Miles Hansford and Tallant, LLC.), Cumming, for appellant.
    for defendant: Warner Hodges, Cumming; Theodore Spaulding, Cumming, Jeremy Hayes, (Spaulding Law LLC), Cumming, for other party.

    Case Number: A21A1151

    Trial Court Erred in Concluding That Purchasers of Land Had Notice of Purported Landowner's Deed and Could Not Qualify as Bona Fide Purchasers for Value

  • Moreno v. Georgia Department of Transportation

    Publication Date: 2021-08-18
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Warren Smith, Gary Casper, (W. Calvin Smith II, PC), Atlanta, for appellant.
    for defendant: Jared Campbell, Angela Cusimano, (Georgia Department of Law), Atlanta, for other party.

    Case Number: A21A0961

    Court Affirms Order Dismissing Claim Against DOT for Failure to Comply With GTCA's Ante Litem Notice Requirements

  • Rendon-Villasana v. The State

    Publication Date: 2021-08-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Erica Matos, Atlanta, for appellant.
    for defendant: Fani Willis, Juliana Sleeper, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta.

    Case Number: A21A1068

    Evidence Was Sufficient to Sustain Defendant's Conviction for Kidnapping Victims After He Pretended to Be an Uber Driver

  • Padco Contracting, Inc. v. Hernandez

    Publication Date: 2021-08-17
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Benjamin Leonard, Matthew Pittman, (Cipriani & Werner), Alpharetta, for appellant.
    for defendant: Ruben Cruz, Bao Quynh Truong-Johnson, (Cruz & Associates PC), Atlanta, for appellee.

    Case Number: A21A0902

    Court reverses superior court ruling that had reversed a decision of the Board of Workers' Compensation , which decision was based on a preponderance of evidence

  • Gaines v. The State

    Publication Date: 2021-08-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Kathleen Strang, (Self/GPDC Appellate Contractor), Albany, for Appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (Office of the District Attorney), Augusta, for Appellee.

    Case Number: A21A0666

    Court vacates aggravated assault conviction, affirms aggravated battery conviction, and remands for resentencing in view of trial court's merger error.

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  • Freeport Title & Guaranty Inc., as Trustee of The 4977 Memorial Trust v. Tegeue et al.

    Publication Date: 2021-06-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: Lawrence Kelly, Austin James, Elizabeth Padgett, (Fidelity National Law Group), Atlanta, Tania Tuttle, Sarah Monico, (McLain & Merritt PC), Alpharetta, Brett Ledermeier, (McLain & Merritt PC), Atlanta, Craig Pendergrast, (Taylor English), Atlanta, for appellee. Paris Wynn, (U.S. Department of Justice), Atlanta, for other party

    Case Number: A21A0232

    Court affirms dismissal of petition to quiet title, concluding that no reversion of title occurred even though a recorded security deed did not specify a debt maturity date

  • 2800 Chamblee Diamond, LLC v. Fitsum et al.

    Publication Date: 2021-06-18
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jason Graham, Robert Kozloski, (Graham Legal, LLC), Atlanta, Mary Meyer, David Jaffer, (Jaffer Law, PC), Tucker, for appellant.
    for defendant: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellee.

    Case Number: A21A0348

    In a dispute between a landlord and tenant in a commercial lease, court reverses order as to certain restricted uses but affirms as to others, and reverses award of damages

  • Davidson v. Lindfield Holdings, LLC

    Publication Date: 2021-06-04
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Preston Haliburton, (Haliburton Law Firm), Atlanta, Edwin Wilson, (Attorney at Law), Snellville, William Davidson, Snellville, for appellant.
    for defendant: John Ayoub, Carolina Bryant, (Ayoub & Mansour LLC), Atlanta, for appellee.

    Case Number: A21A0250

    Trial Court Did Not Err in Adopting Special Master's Finding in Quiet Title Dispute

  • General Motors LLC v. Buchanan et al.

    Publication Date: 2021-06-02
    Practice Area: Diversity | Wrongful Death
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Laurie Daniel, Jonathan Spital, (Holland & Knight), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Brian Kappel, Michael Bell, Rachel Lary, Christopyer Yearout, (Lightfoot, Franklin & White, LLC), Birmingham, Myrece Johnson, (Attorney at Law), Atlanta, Richard North, Richard North, (Nelson, Mullins, Riley & Scarborough), Atlanta, for appellant.
    for defendant: Patrick Dawson, (Attorney at Law), Marietta, Lance Cooper, (The Cooper Firm), Marietta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee. Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, William Custer, (Bryan Cave Leighton Paisner LLP), Atlanta, Christopher Glover, (Beasley Allen Crow Methvin Portis Miles), Montgomery, Darren Penn, (Penn Law LLC), Atlanta, for Amicus Appellant.

    Case Number: A21A0043

    Court affirms denial of a protective order that sought to preclude a deposition of GM's CEO and declines to adopt the apex doctrine in Georgia

  • Advanced Disposal Services Atlanta, LLC. v. Marczak et al.

    Publication Date: 2021-05-04
    Practice Area: Personal Injury
    Industry: Recruitment and Staffing
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Dixon, Melody Demasi, (Dennis, Corry, Porter & Smith, L.L.P.), Atlanta, for appellant.
    for defendant: Michael Calabro, (Attorney at Law), Roswell, Stephen Berger, (Attorney at Law), Marietta, Marina Melman, (Melman Law Group), Roswell, for appellee. James Strawinski, (Strawinski & Stout, P. C.), Atlanta, for other party.

    Case Number: A21A0180

    Court affirms denial of summary judgment on respondeat superior and negligent training claims, and reverses order granting summary judgment on negligent retention