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  • National Collegiate Student Loan Trust 2007-3 v. Clayborn

    Publication Date: 2020-11-30
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cherice Tadday, (Roosen, Varchetti & Oliver, PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Marietta, for appellant.
    for defendant: David Addleton, (Attorney at Law), Macon, James Hurt, (Hurt Stolz, P.C.), Watkinsville, for appellee.
    Case Number: A20A1571

    Court reverses an order that dismissed a collection lawsuit filed by a Delaware trust, concluding that the trust had capacity to sue in its own name

  • Salvati v. Deloach Brokerage, Inc.

    Publication Date: 2020-11-25
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: James Durham, (Hall Booth Smith, P.C.), Brunswick, Joseph Emanuel, (Webb Tanner & Powell), Lawrenceville, for appellant.
    for defendant: Eric Bumgartner, (Brown Readdick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, Charles Moulton, Jeffrey Rentz, William Cullens, (Williams, Rentz, Moulton & Associates, P.C.), Saint Simons Island, for appellee.
    Case Number: A20A1318

    Court affirms summary judgment order ruling that a broker was entitled to a sales commission but reverses as to the amount of that commission

  • The State v. Bizzard

    Publication Date: 2020-11-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Margaret Heap, Ian Heap, (District Attorney's Office, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Virginia Purdee, (Eastern Judicial Circuit Public Defender's Office), Savannah, for appellee.
    Case Number: A20A1212

    Court affirms suppression of drug evidence and reverses denial of suppression of firearm evidence seized during an arrest that was not supported by probable cause

  • Holland v. The State

    Publication Date: 2020-11-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ernest Montgomery, (Northern Judicial Circuit Public Defender), Royston, for appellant.
    for defendant: David White, (District Attorney), Hartwell, Meredith Head, (Northern Judicial Circuit District Attorney), Carnesville, for appellee.
    Case Number: A20A0795

    Court affirms denial of defendant's motion to dismiss a case on the basis of denial of his constitutional right to a speedy trial

  • Pride v. The State

    Publication Date: 2020-11-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Thomas Griner, (Attorney at Law), Mariettta, for appellant.
    for defendant: Amelia Pray, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A20A0911

    Court affirms aggravated assault conviction over defendant's argument that his trial should have been severed from his co-defendant's

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Optum Construction Group, LLC et al. v. City Electric Supply Company

    Publication Date: 2020-10-28
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: George Kent, (Fox Rothschild LLP), Atlanta, Dorothy Cornwell, (Smith Moore Leatherwood, LLP), Atlanta, for appellant.
    for defendant: Eric Van De Water, (Isenberg & Hewitt), Atlanta, for appellee. James Weston, (Trotter Jones LLP), Augusta, for other party.
    Case Number: A20A1010

    Court reverses summary judgment order in favor of a materialman's lien because of an outstanding issue of material fact over existence of a contractual relationship

  • Patrick v. Andrews et al.

    Publication Date: 2020-10-28
    Practice Area: Civil Rights | Constitutional Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jordan Johnson, (Bernard & Johnson, LLC), Atlanta, for appellant.
    for defendant: Gary Morris, (Williams Morris & Waymire), Buford, for appellee.
    Case Number: A20A1039

    Court affirms summary judgment for sheriffs due to their qualified and official immunity on defendant's claims of violation of constitutional rights

  • Wilkerson v. The State

    Publication Date: 2020-10-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Richard Armond, (The Armond Firm, LLC), Lawrenceville, for appellant.
    for defendant: Daniel Porter, Daniel Sanmiguel, (Gwinnett Judicial Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A20A1489

    Other-Acts Evidence of Prior Forcible Sexual Assaults Properly Determined to be Admissible at Trial on Sexual Assault Charges

  • Hagan et al. v. Hagan

    Publication Date: 2020-10-19
    Practice Area: Contractual Disputes | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: James Hagan, (Attorney at Law), Atlanta, Renee Neary, (Mayoue Gray Eittreim, PC), Atlanta, John Collar, (Boyd, Collar Nolen & Tuggle, LLC), Atlanta, Douglas Scribner, William Repko, (Alston & Bird LLP), Atlanta, for appellant.
    for defendant: Eugene Chambers, Paul Duckworth, (Eugene P. Chambers, III, P.C.), Atlanta, Joseph Sullivan, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A20A1480

    Evidence Established Transfer of Ownership of Life Insurance Policy

  • Watson v. Dana

    Publication Date: 2020-10-16
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joseph Rhodes, (Hunter Rhodes LLC), Augusta, for appellant.
    for defendant: Charles Mayers, (Attorney at Law), Augusta, for appellee.
    Case Number: A20A1352

    Questions of Fact Exist as to Rental Home Owner's Responsibility for Maintaining the Yard and Her Constructive Knowledge of Hazard That Caused Injury