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  • 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

  • The State v. Bobby Lee Fish

    Publication Date: 2022-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Luana Nolen, (Douglas County District Attorney’s Office), Douglasville, Flynn Broady, Linda Dunikoski, (Cobb County District Attorney’s Office Cobb County Courthouse), Marietta, for appellant.
    for defendant: Steven Cook, (Attorney at Law), Marietta, for appellee.
    Case Number: A22A0920

    Court affirms order granting a motion to suppress evidence seized during a traffic stop that was unlawfully prolonged by an officer

  • Fluker v. State

    Publication Date: 2022-10-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Leigh Patterson, Finnis Salmon, Ashley Cox, (District Attorney), Rome, for appellee.
    Case Number: A22A1146

    Trial Counsel Was Not Ineffective For Failing to Secure Testimony From Surgeon as to How Many Bullets Struck Victim

  • Johnson v. Cordtz et al.

    Publication Date: 2022-10-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Larry Johnson, (Johnson Legal Offices L.L.C), Atlanta, for appellant.
    for defendant: Richard Alembik, (Richard S. Alembik, P.C.), Decatur, Thomas Clyde, Kurtis Anderson, (Kilpatrick Townsend & Stockton LLP), Atlanta, Orion Webb, (Smith, Welch, Webb & White, LLC), Stockbridge, Shimshon Wexler, (S Wexler, LLC), Atlanta, for appellee.
    Case Number: A22A0892

    Court affirms striking of a plaintiff's action pursuant to the Anti-SLAPP statute because defendant's actions were protected speech

  • Alvarado v. The State

    Publication Date: 2022-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Noah Pines, (Ross & Pines), Atlanta, Andrew Fleischman, (Ross & Pines), Sandy Springs, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, Christopher DeNeve, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: A22A0882

    Court affirms convictions for rape and child molestation over defendant's evidentiary challenges and contentions of ineffective assistance of counsel

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • In the Interest of J. D. H., JR., a child.

    Publication Date: 2022-09-15
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: George Williams, (Attorney at Law), Warner Robins, for appellant.
    for defendant: T. Wilkerson, (Law Office of T. Rabb Wilkerson, III, PC), Warner Robins, for appellee; David Jennings, (Law Office of David Jennings LLC), Warner Robins for other party.
    Case Number: A22A0871

    In a challenge to termination of parental rights, court reverses denial of a father's new trial motion and remands for a hearing on that motion.

  • In the Interest of K. P., a Child

    Publication Date: 2022-09-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Amber Walden, (The Fine Print Legal Consulting, LLC), Atlanta, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, Emily Harris, (Department of Law), Atlanta, Whitney Kenner Jones, (Kenner Jones Law LLC), Douglasville, for appellee; Valerie Gordon, (Douglas County Juvenile Court - Juvenile Public), Douglasville, Ann Mathis, Douglasville, Randy Duke, Douglasville.
    Case Number: A22A0921

    Court reverses finding of mootness that was used to justify denial of a motion to vacate a protective order and remands for consideration of the merits of the motion

  • Wells Fargo Clearing Services, LLC et al. v. Leggett et al.

    Publication Date: 2022-08-24
    Practice Area: Dispute Resolution
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Keith Barnett, Harold Melton, Elizabeth Waldbeser, Kimberly Eason, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Roger Warin, Shannen Coffin, (Steptoe & Johnson LLP), Washington, for appellant.
    for defendant: Jeffrey Horst, (Krevolin & Horst, LLC), Atlanta, Craig Kuglar, (The Law Office of Craig Kuglar, LLC), Atlanta, for appellee; Robert Port, (Gaslowitz Frankel LLC), Atlanta, for AM.
    Case Number: A22A1149

    Court reverses a superior court order that had vacated an arbitration award, finding that arbitration rules were followed and that the award was not procured by fraud

  • Harbin et al. v. Ritch et al.

    Publication Date: 2022-08-19
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Jackson, (Law Office of John B. Jackson and Associates), Carrollton, for appellant.
    for defendant: William Strickland, (Strickland & Schwartz, LLC), Atlanta, for appellee.
    Case Number: A22A0670

    In a premises liability action, court reverses summary judgment due to questions of property owner's willful and wanton behavior and superior knowledge of fireworks risks

  • IMF Entertainment, LLC v. Herc Rentals, Inc.

    Publication Date: 2022-08-19
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado, (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Thomas Richelo, (Richelo Law Group LLC), Atlanta, for appellee.
    Case Number: A22A0624

    Court reverses summary judgment order in a breach of contract case over nonpayment of fees because of questions of fact about an agent's authority