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  • 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

  • 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

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • 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

  • Mecomber v. The State

    Publication Date: 2022-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Arturo Corso, (The Corso Law Center, LLC), Gainesville, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, for appellee.
    Case Number: A22A0953

    D Imposing Felony Sentence Following Conviction For Possession of Child Pornography Did Not Violate Rule of Lenity

  • 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,.