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  • Strickland et al. v. Geico General Insurance Company

    Publication Date: 2021-02-12
    Practice Area: Civil Procedure | Personal Injury
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Edgar, (Attorney at Law), Alma, for appellant.
    for defendant: Matthew Lawrence, (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, for appellee. Thomas Burke, (Hall Booth Smith, P.C.), Tifton, for other party.
    Case Number: A20A1971

    Court reverses dismissal of plaintiff's amended renewal complaint in a personal injury action where the amended renewal complaint properly related back to the original.

  • Cameron v. The State

    Publication Date: 2021-02-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Steven Phillips, (Public Defender), Atlanta, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Claude Rudder, (District Attorney), Atlanta, David Getachew-Smith, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A20A1829

    Separate indictments for battery did not merge because they all referred to different conduct that occurred at different times

  • Barraza v. The State

    Publication Date: 2021-01-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Kenneth Mauldin, (District Attorney), Athens, Austin Jackson, (Clarke County DA), Athens, for appellee.
    Case Number: A20A1657

    Court affirms child molestation convictions over defendant's challenges to expert testimony and to limits on cross-examination of a detective investigator

  • National Collegiate Student Loan Trust v. 2007-1 v. Bell

    Publication Date: 2021-01-19
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Wendi Fassbender, (Attorney at Law), Wesley Chapel, Cherice Tadday, (Roosen, Varchetti & Oliver, PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Metairie, for appellant.
    for defendant: David Addleton, (Attorney at Law), Macon, John Hadden, (The Hadden Law Firm, LLC), Atlanta, James Hurt, (Hurt Stolz, P.C.), Watkinsville, for appellee.
    Case Number: A19A1676

    Court reverses dismissal of a collection lawsuit filed by a Delaware trust, concluding that the trust had capacity to sue in its own name, and remands to trial court

  • In the Interest of J. B., a child.

    Publication Date: 2021-01-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Johnson, (Attorney at Law), Fernandina Beach, Megan Dempsey, (Brunswick Circuit Public Defender's Office), Brunswick, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A20A1642

    Evidence Was Insufficient to Support Delinquency Adjudication; State Failed to Show That Juvenile Stole Vehicle

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Lambeth et al. v. Three Lakes Corporation

    Publication Date: 2020-12-11
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Martin Shelton, (Lewis Brisbois), Atlanta, for appellant.
    for defendant: William Strickland, (Strickland & Schwartz, LLC), Atlanta, for appellee.
    Case Number: A20A0897

    Court reverses summary judgment order that dismissed homeowners' complaint against a homeowner's corporation that failed to maintain and repair property.

  • Cannon v. Barnes

    Publication Date: 2020-12-01
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, for appellant.
    for defendant: Robert Turner, (Savage, Turner, Pinson & Karsman), Savannah, Ashleigh Madison, (Southeast Law, LLC), Savannah, for appellee.
    Case Number: A20A1216

    Background Evidence on Pregnant Decedent's State of Mind Before Car Accident Had Relevance to Her Pain and Suffering

  • National Collegiate Student Loan Trust 2007-3 v. Clayborn

    Publication Date: 2020-11-30
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cherice Tadday, (Roosen, Varchetti & Oliver, PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Marietta, for appellant.
    for defendant: David Addleton, (Attorney at Law), Macon, James Hurt, (Hurt Stolz, P.C.), Watkinsville, for appellee.
    Case Number: A20A1571

    Court reverses an order that dismissed a collection lawsuit filed by a Delaware trust, concluding that the trust had capacity to sue in its own name

  • Salvati v. Deloach Brokerage, Inc.

    Publication Date: 2020-11-25
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: James Durham, (Hall Booth Smith, P.C.), Brunswick, Joseph Emanuel, (Webb Tanner & Powell), Lawrenceville, for appellant.
    for defendant: Eric Bumgartner, (Brown Readdick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, Charles Moulton, Jeffrey Rentz, William Cullens, (Williams, Rentz, Moulton & Associates, P.C.), Saint Simons Island, for appellee.
    Case Number: A20A1318

    Court affirms summary judgment order ruling that a broker was entitled to a sales commission but reverses as to the amount of that commission

  • The State v. Bizzard

    Publication Date: 2020-11-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Margaret Heap, Ian Heap, (District Attorney's Office, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Virginia Purdee, (Eastern Judicial Circuit Public Defender's Office), Savannah, for appellee.
    Case Number: A20A1212

    Court affirms suppression of drug evidence and reverses denial of suppression of firearm evidence seized during an arrest that was not supported by probable cause