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  • Bowman v. Rouse

    Publication Date: 2022-06-29
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jacquelyn Luther, (Attorney at Law), Atlanta, for appellant.
    for defendant: Barbara Evans, (Bre Law, LLC), Duluth, for appellee.
    Case Number: A22A0380

    Court affirms modification of child support and parenting order, but vacates arrearages calculation and remands for further consideration,.

  • Northeast Georgia Medical Center, Inc. et al. v. Metcalf et al.

    Publication Date: 2022-04-21
    Practice Area: Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Lindsey Costakos, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellee.
    Case Number: A22A0149

    Court vacates $3 million jury verdict in a wrongful death medical malpractice action because plaintiffs did not have standing to bring a wrongful death action

  • Coral Hospitality-GA, LLC v. Givens et al.

    Publication Date: 2022-04-20
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Neal Scott, (Law Office of Terry-Dawn Thomas), Atlanta, for appellant.
    for defendant: PHILIP Brown, (O'Neal & Brown, P.C.), Macon, Jon-Selby Hawk, (Morgan & Morgan Atlanta PLLC), Macon, Darren Summerville, Jonathan Flack, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A22A0227

    Court reverses denial of landowner's summary judgment in a premises liability strip-and-fall case because the alleged hazard was open and obvious to the injured plaintiff

  • Francis v. The State

    Publication Date: 2022-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jemelle Francis, (Walker State Prison), Rock Spring, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A22A0466

    Trial Court Factually Erred in Finding There Was No Discussion of Credit For Time Served During Plea Hearing

  • Oldham et al. v. Landrum, III et al.

    Publication Date: 2022-04-19
    Practice Area: Litigation
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: Dana Maine, Mallory Ball, (Freeman Mathis & Gary, LLP), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Henry Tharpe, (Sponcler & Tharpe, LLC), Dalton, Myrece Johnson, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A1271

    Court vacates dismissal of abusive litigation complaint and remands for determination of whether real party-in-interest should be added as a plaintiff

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Williams, III et al. v. Georgia Ports Authority et al.

    Publication Date: 2022-04-04
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Noble Boykin, (Jones, Boykin & Associates), Savannah, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Jared Campbell, Angela Cusimano, (Georgia Department of Law), Atlanta, Edgar Smith, (Morgan & Morgan, PA), Savannah, for appellee.
    Case Number: A21A1313

    Court reverses dismissal of negligence complaint against an individual, finding that he did not have Eleventh Amendment immunity under federal maritime law

  • Dunwoody Obstetrics And Gynecology, P. C., et al. v. Franklin et al.

    Publication Date: 2022-04-01
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Hanson, (Weathington LLC), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, J. Howard, Geoffrey Pope, (Pope & Howard, PC), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A21A1691

    Excluding Critical Defense Evidence as Discovery Sanction Following Last-Minute Disclosure Not Abuse of Discretion

  • Roney v. Wright

    Publication Date: 2022-03-16
    Practice Area: Civil Procedure | Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Paula McGill, (Attorney at Law), Marietta, for appellant.
    for defendant: Matthew Carlton, (Carlton Law, LLC), Decatur, for appellee.
    Case Number: A21A1508

    Court vacates order granting a motion to dismiss and remands for further proceedings in which appellant has an opportunity to present opposing evidence

  • Bell v. The State

    Publication Date: 2022-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Randal McGinley, Alexandra Stone, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A21A1215

    Court reverses convictions for second-degree murder and cruelty to children due to insufficient evidence, but affirms conviction for contributing to a minor's dependency

  • Southern Piedmont Law, PC v. Pierre

    Publication Date: 2022-02-23
    Practice Area: Attorney Compensation | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jason Smith, (Attorney at Law), Winter Garden, for appellant.
    for defendant: Jionel Pierre, Peachtree City, for appellee.
    Case Number: A21A1795

    Trial Court Lacked Authority to Allow Party to Pay Judgment for Attorney Fees and Costs Over Two-Year Period