• Keen v. Georgia Southern & Florida Railway Company

    Publication Date: 2020-04-21
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: James Holland, Jessie Harrell, (Harrell and Harrell), Jacksonville, for appellant.
    for defendant: Amanda Morris, Mark Toth, (Hall, Bloch, Garland & Meyer, LLP), Atlanta, Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellee.

    Case Number: A19A2154

    Personal Injury Plaintiff Submitted Enough Evidence to Survive Summary Judgment on Duty and Breach Elements of Negligence Claim Under FELA

  • Estate of Steven Fanning et al. v. Estate of Karen Fanning

    Publication Date: 2020-04-20
    Practice Area: Civil Procedure | Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joseph Kalamaro, (The Clifton Law Firm, LLC), Peachtree City, for appellant.
    for defendant: Angela Landgaard, (Slepian & Schwartz, LLC), Peachtree City, William Ney, (William Brent Ney, LLC), Lawrenceville, for appellee.

    Case Number: A19A2432

    Court reverses summary judgment order in a dispute over a right of first refusal for the purchase of real estate because claimant failed to provide supporting evidence

  • Moore v. The State

    Publication Date: 2020-04-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Monroe, (Attorney at Law), Dawsonville, for appellant.
    for defendant: Lee Darragh, Wanda Vance, (District Attorney, NEJC of GA), Gainesville, for appellee.

    Case Number: A19A2332

    Evidence Sufficiently Supported Trafficking Conviction; Jury Properly Found That Defendant Used Coercion to Subject Victim to Sexual Servitude

  • Cate et al. v. Patterson et al.

    Publication Date: 2020-04-10
    Practice Area: Dispute Resolution
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Keith Edwards, (Edwards Law Firm), Lafayette, for appellant.
    for defendant: Benjamin Bradford, (Benjamin T. Bradford, P.C.), La Fayette, for appellee.

    Case Number: A19A1704

    Court affirms libel verdict over defendant's challenge to whether libel claims were subject to arbitration

  • O'Callaghan v. Samples

    Publication Date: 2020-04-03
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Kathy O'Callaghan, Rome, for appellant.
    for defendant: William Marion, (Attorney at Law), Rome, for appellee.

    Case Number: A20A0494

    Court affirms petition for probate of will over challenge to decedent's testamentary capacity

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Brock v. The State

    Publication Date: 2020-03-26
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Dustin Land, (Bryan and Land, LLC), Ashburn, for appellant.
    for defendant: Christian Brown, Bradford Rigby, (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.

    Case Number: A19A2037

    Prosecution Had Duty to Ensure Trial Transcript Was Created and Preserved Following Felony Conviction of Non-Indigent Defendant

  • Showers v. The State

    Publication Date: 2020-03-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cara Clark, (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, Sherry Boston, (Dekalb County District Attorney), Decatur, appellee.

    Case Number: A19A1945

    Partially Completed House Was Dwelling For Purposes of Burglary Statute

  • Matos-Bautista v. The State

    Publication Date: 2020-03-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Richard Armond, (The Armond Firm, LLC), Lawrenceville, for appellant.
    for defendant: Nigel Lush, Daniel Porter, (Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A19A2134

    Trial Court's Erroneous Jury Instruction on Deliberate Ignorance Was Harmless; Appeals Court Affirms Heroin Trafficking Conviction

  • Mobley v. The State

    Publication Date: 2020-03-17
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Brandon Bullard, (Office of the Appellate Defender), Atlanta, Holly Veal, (The Veal Law Firm, P.C.), McDonough, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, Atha Pryor, (Henry County District Attorney's Office), McDonough, for appellee.

    Case Number: A18A0500

    Court reverses vehicular homicide convictions due to violations of defendant's Fourth Amendment protections against unreasonable searches and seizures

  • Watkins v. The State

    Publication Date: 2020-03-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Mitchell Durham, (Attorney at Law), Marietta, for appellant.
    for defendant: John Edwards, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.

    Case Number: A19A2462

    Felony Possession Conviction Reversed; Trial Court Improperly Admitted Evidence of a Prior Act Involving Family Violence Battery