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  • Humble v. Opendoor Property J., LLC

    Publication Date: 2024-11-18
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Jerry Carter, (Attorney at Law), Gainesville, Julie Liberman, (Julie A. Liberman, LLC), Marietta, for appellant.
    for defendant: Brian Linkowski, (Fidelity National Law Group), Atlanta, for appellee; John Baker, (Attorney at Law), Athens, for other party.
    Case Number: A24A0823

    Court reverses summary judgment in property collateral dispute, highlighting contract interpretation over a scrivener's error and open issues of fact that precluded summary judgment

  • In the Interest of M. R. S., a Child (Mother)

    Publication Date: 2024-10-25
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Forrest Shealy, (Attorney at Law), Marietta, for appellant.
    for defendant: Calandra Harps, Christopher Carr, Sanders Deen, Bryan Webb, (Attorney General), Atlanta, for appellee; Cathy Lerow, (Attorney at Law), Marietta, for other party.
    Case Number: A24A0990

    Court affirms denial of mother's motion to set aside termination of parental rights

  • In re Georgia Department of Behavioral Health and Developmental Disabilities.

    Publication Date: 2024-10-22
    Practice Area: Administrative Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Christopher Carr, Bryan Webb, (Attorney General), Atlanta, Joycelyn Curry, (Georgia Department of Law), Atlanta, Shalen Nelson, Atlanta, for appellant.
    for defendant: Frank Nelson, (Fleming & Nelson, LLP), Evans, for appellee.
    Case Number: A24A0995

    Court reverses criminal contempt order against State Department, which had been issued on account of the Department's delay in taking custody of a defendant deemed to be incompetent

  • Boyd et al. v. Frontier Adjusters, Inc. et al.

    Publication Date: 2024-10-03
    Practice Area: Civil Appeals
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Selita Boyd, Eloise Boyd, Stone Mountain, for appellant.
    for defendant: Marc Bardack, P. Freed, (Freeman, Mathis & Gary, LLP.), Atlanta, Leslie Eason, (Barnes & Thornburg LLP), Atlanta, Vernon Hill, Canon Corbitt, (Gordon Rees Scully Mansukhani, LLP), Atlanta, Evan Szczepanski, Atlanta, for appellee; Marc Bardack, (Freeman, Mathis & Gary, LLP), Atlanta, Grace Callanan, (Burr & Forman, LLP), Atlanta, for other party.
    Case Number: A24A0966

    Court vacates dismissal of appeal due to lack of factual findings on delay in payment of appellate costs

  • Leaphart v. The State

    Publication Date: 2024-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Brandon Bullard, Audra Murphey, (The Bullard Firm, LLC), Atlanta, for appellant.
    for defendant: Lee Darragh, Anna Fowler, (District Attorney, NEJC of Ga Northeastern Judicial Circuit), Gainesville, for appellee.
    Case Number: A24A1123

    Court affirms conviction for aggravated child molestation over defendant's contention that he was denied a Faretta hearing for self-representation and challenge to admission of evidence

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    Lancaster County & Berks County Court Rules 2024

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  • Brown v. The State

    Publication Date: 2024-08-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Terry Taylor, (Public Defender’s Office of Columbia Judicial Circuit), Evans, for appellant.
    for defendant: Bobby Christine, Kevin Majeska, (Columbia Judicial Circuit District Attorney), Evans, for appellee.
    Case Number: A24A1029

    Court reverses convictions for child molestation and related charges due to trial court's improper removal and replacement of a hold-out juror

  • Be Our Guest Investments, LLC v. Piedmont Park Conservancy, Inc.

    Publication Date: 2024-08-23
    Practice Area: Contracts
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Gary Hulsey, Jeffrey Morgan, Sydnie Zachary, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Jason McLarry, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Brett Tarver, (Insley and Race, LLC), Atlanta, for appellee.
    Case Number: A24A0618

    Court reverses summary judgment order and remands in a breach of contract action because trial court misapplied the new business rule to exclude evidence of lost profits

  • P&J Beverage Corporation v. The Bottle Shop, LLC

    Publication Date: 2024-08-13
    Practice Area: Damages
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Stephen Hodges, (Philips Branch & Hodges), Columbus, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellant.
    for defendant: Travis Hargrove, (The Finley Firm), Columbus, Robert Lomax, (Robert R. Lomax, LLC), Columbus, for appellee.
    Case Number: A24A0033

    Court affirms judgment of actual and punitive damages and attorneys' fees in favor of a plaintiff that sued for wrongful injunction and abusive litigation

  • Vatave v. Canopy Workforce Solutions, LLC

    Publication Date: 2024-08-07
    Practice Area: Contracts
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Sunil Vatave, Atlanta, for appellant.
    for defendant: Blake Frye, (Hill, Kertscher & Wharton, LLP), Atlanta, for appellee.
    Case Number: A24A0552

    Court affirms application of Prophecy rule to excise contradictory claims about a contract breach but reverses summary judgment in a dispute over payment of deferred compensation

  • General Security Indemnity Company of Arizona v. Gerald Jones Ford, LLC

    Publication Date: 2024-07-24
    Practice Area: Insurance Law
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Paul Fields, Stephen Kahn, Taylor Lear, (Fields Howell, LLP), Atlanta, Jeffrey Kershaw, (Kershaw White LLC), Atlanta, David Albaugh, (Christensen Hsu Sipes, LLP), Chicago, for appellant.
    for defendant: Bowen Klosinski, (Klosinkis Overstreet LLP), Augusta, for appellee; Jerquavious Berry, Thomson, for other party.
    Case Number: A24A0477

    Court reverses summary judgment for a car dealership in an insurance dispute, clarifies "invalid" policy interpretation, and rules in favor of dealership's insurer