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  • Irving v. The State

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Erica Austin, (South Georgia Judicial Circuit Public Defender’s Office), Bainbridge, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.
    Case Number: A23A0323

    Court reverses probation revocation order because defendant's probation had expired and was never tolled because a tolling order was never filed with the court clerk

  • Bunde v. The State

    Publication Date: 2023-06-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Head, (Attorney at Law), Sandy Springs, Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellant.
    for defendant: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, for appellee.
    Case Number: A23A0595

    Defendant Consented to Breath Test Following Vehicle Accident

  • Braselton ASC, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2023-05-29
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden, Grace Kopache, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellant.
    for defendant: Christopher Carr, Margaret Eckrote, (Attorney General), Atlanta, Marial Ellis, (Dept. of Community Health), Atlanta, Robert Rozier, Dorothy Cornwell, Brittany Sykes, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, Talis Trevino, (Holland & Knight LLP), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Caylee Noggle, (Commissioner-C/O Office of Health Planning Department of Community Health), Atlanta, for appellee.
    Case Number: A23A0522

    Court affirms award of a certificate of need to one entity where a competing entity had challenged the financial feasibility of the first entity's proposed surgical center.

  • Peace v. Butler et al.

    Publication Date: 2023-05-08
    Practice Area: Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Megan McCulloch, Atlanta, for appellant.
    for defendant: Katherine Stoff, (State Law Department), Atlanta, for appellee.
    Case Number: A23A0555

    Court vacates judgment denying unemployment benefits and remands for findings on application of rules impacted by the COVID-19 emergency

  • Thomas et al. v. Henry County Water Authority et al.

    Publication Date: 2023-05-04
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Kimelyn Minnifield, (Attorney at Law), McDonough, for appellant.
    for defendant: Sun Choy, Wesley Jackson, (Freeman Mathis Gary, LLP), Atlanta, for appellee.
    Case Number: A23A0362

    Court reverses dismissal of car accident lawsuit against a Water Authority and its employee, concluding that plaintiff did not need to serve an ante litem notice on them

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  • Hicks v. The State

    Publication Date: 2023-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A22A1188

    Court affirms convictions of rape, kidnapping, and other crimes over defendant's claims of insufficient evidence, error, and ineffective assistance of counsel

  • Estate of Suddeth v. Williams

    Publication Date: 2022-12-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: William Waters, (Ballard, Stephenson & Waters), Covington, for appellee.
    Case Number: A22A1503

    Court reverses order of contempt against an estate administrator where only the decedent had been responsible for the contemptuous conduct

  • Velazquez v. Mata

    Publication Date: 2022-12-16
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Peter Schoenthaler, Neill Wright, Christopher Rosser, (Schoenthaler Law Group), Atlanta, for appellant.
    for defendant: David Anton, (Attorney at Law), Alpharetta, for appellee.
    Case Number: A22A1356

    Court reverses JNOV order that had been in favor of a defendant in a case involving breach of fiduciary duty because evidence supported plaintiff's allegations.

  • City of Lawrenceville v. Alford

    Publication Date: 2022-12-16
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Dana Maine, (Freeman Mathis & Gary), Atlanta, Marissa Dunn, Atlanta, for appellant.
    for defendant: Larry Stewart, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A1642

    City Not Entitled to Directed Verdict on Property Owner's Nuisance Claim Relating to Storm-Water Runoff

  • Cartersville Medical Center, LLC d/b/a Cartersville Medical Center v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Mariana Melendez, (Brinson, Askew, Berry, Rich, Seigler, Richardson), Rome, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, for appellant.
    for defendant: Julius Peek, Benjamin Stell, (McRae Smith Peek Harman & Monroe LLP), Rome, Armando Basarrate, Elizabeth Kitchens, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, for appellee; Christopher Carr, Stacey Hillock, Daniel Walsh, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta,
    Case Number: A22A0804

    Court reverses superior court order that rejected the Department of Health's decision to grant an application for a Certificate of Need for a new neonatal care unit