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  • Rivera v. The State

    Publication Date: 2024-07-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Katie Borodin, Eliot Abt, (The Abt Law Firm, LLC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Angela Mattozzi, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A24A0299

    Court reverses sexual exploitation conviction and remands for a new trial due to defendant's improper waiver of right to counsel, which was not done knowingly and intelligently

  • Hall v. The State

    Publication Date: 2024-06-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Lee Fitzpatrick, (Attorney at Law), Woodstock, for appellant.
    for defendant: Fani Willis, Mario Kladis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A24A0568

    Court affirms convictions for aggravated assault and related offenses, rejecting challenges to sufficiency of evidence sufficiency and admission of text messages as hearsay

  • Hartman v. De Caro

    Publication Date: 2024-05-23
    Practice Area: Civil Appeals | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: William Davis Hewitt, (The Appellate Division - Georgia Public Defender Council), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Elizabeth Haase Brock, Christopher M. Carr, (Department of Law), Atlanta, William Patrick Doupé, Ali Pauline Ritch, (Toombs Circuit District Attorney’s Office), Thompson, for appellee.
    Case Number: A24A0323

    Court dismisses appeal to an order granting temporary custody to one partner, finding that it lacked jurisdiction over the appeal, which the other partner had filed directly

  • Drucker v. Morgan et al.

    Publication Date: 2024-05-01
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Eugene Brooks, (Brooks Law Firm), Savannah, Kurt Kastorf, (Kastorf Law), Atlanta, for appellant.
    for defendant: Gregory Mast, Christopher Lee, (Fields Howell LLP), Atlanta, for appellee.
    Case Number: A24A0593

    Court affirms summary judgment for certain entities in a premises liability claim but reverses dismissal of claims against a rental property's owner due to unresolved questions of fact

  • Smalley v. The State

    Publication Date: 2024-04-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A24A0663

    Court vacates first-time felon's sentencing order and remands for trial court's inclusion in that order of a Behavioral Incentive Date (BID) as mandated by OCGA § 17-10-1 (a) (1) (B) (i)

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Thomas v. The State

    Publication Date: 2024-04-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Noel Thomas, (Washington State Prison), Davisboro, for appellant.
    for defendant: Darius Pattillo, Darius Pattillo, (Henry County District Attorney’s Office), McDonough, for appellee.
    Case Number: A24A0214

    Court reverses denial of defendant's motions to vacate a void sentence and to withdraw a negotiated guilty plea based on a void sentence, and remands for reconsideration

  • Golden Pantry Food Stores, Inc. v. Bradley

    Publication Date: 2024-04-22
    Practice Area: Civil Procedure | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Jackson Dial, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: ShaMiracle Rankin, (CP Law Group, LLC), Atlanta, Christopher Graddock, Keenan Nix, (Morgan & Morgan Atlanta, PLLC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee.
    Case Number: A23A1597

    Court vacates spoliation sanctions against retail food store in a pair of premises liability cases and remands for reconsideration of plaintiff's actions under an alternate standard

  • Ferguson et al. v. Kennestone Hospital, Inc.

    Publication Date: 2024-04-09
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Maxine Ferguson, Marietta, for appellant.
    for defendant: William Gordon, (Downey & Cleveland, LLP), Atlanta, for appellee.
    Case Number: A23A1589

    Court affirms dismissal of medical malpractice claims due to plaintiff's failure to include a professional affidavit with the complaint, but reverses judgment on a battery claim related to consent

  • Johnson v. The State

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: MaryAnn Donnelly, (Goldman & Donnelly), Marietta, Sylvia Goldman, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, (Cobb County District Attorney’s Office), Marietta, for appellee.
    Case Number: A23A1504

    Court affirms convictions for rape and child molestation over defendant's multiple procedural and evidentiary challenges

  • Mason v. Permanent General Assurance Corp. et al.

    Publication Date: 2024-01-30
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Robert Irby, (Irby Law, LLC), Vestavia, William Dobson, (Morriss, Lober & Dobson, LLC), Macon, Michael Lober, (Lober & Dobson), Woodstock, for appellant.
    for defendant: Robert Norman, (Jones, Cork & Miller), Macon, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee.
    Case Number: A23A1529

    Court reverses dismissal of an insured party's claim for a refund or premiums in a dispute over a cancelled auto insurance policy, citing ambiguity in policy terms as a rationale for its decision