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  • MTN Investments, LLC v. D. Magen, LLC

    Publication Date: 2023-11-17
    Practice Area: Deals and Transactions
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: David Rusnak, Roberto Bazzani, (Drew Eckl Farnham), Atlanta, for appellant.
    for defendant: Eugenia Iredale, Steven Kushner, (Fellows La Briola, LLP), Atlanta, for appellee; Todd Hatcher, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for other party.
    Case Number: A23A0871

    Court reverses contempt order and default judgment in a lawsuit over breach of fiduciary duty in a real estate matter because the order lacked clear and definite terms

  • Dekalb County et al v. City of Chamblee

    Publication Date: 2023-11-15
    Practice Area: Tax
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, Thomas Mitchell, (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Todd Pearson, (Molden & Associates), Atlanta, Winston Denmark, (Fincher Denmark LLC), Jonesboro, Paul Dzikowski, (Law Office of Paul J Dzikowski PC), Norcross, for appellee; Robert Reeves, Sarah Flanders, (Andersen Tate & Carr, P.C.), Duluth, for other party.
    Case Number: A23A0798

    Court reverses denial of the County's motion to dismiss the City's claims for declaratory judgment, payment of back taxes, and assessment of occupancy taxes for airport leasehold interests

  • Jensen v. The State

    Publication Date: 2023-09-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Cody Jensen, (Central State Prison), Macon, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Paula Smith, (Attorney General), Atlanta, Joseph Mulholland, (District Attorney), Bainbridge, for appellee.
    Case Number: A23A1186

    Court vacates order dismissing defendant's pro se motion to modify or reduce his sentence and remands for trial court's application of new precedent on a pro se motion

  • Milliron v. Antonakakis

    Publication Date: 2023-08-31
    Practice Area: Attorney Compensation | Public Records
    Industry: Education | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Lucas Andrews, (Poole Huffman LLC), Tucker, Anna Cross, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Theodore Randles, Mark Schamel, (Venable LLP), Washington, Ana Jara, Christopher Schafbuch, (Lowenstein Sandler LLP), Washington, for appellee.
    Case Number: A23A1163

    Open Records Request Not Properly Submitted For Failure to Direct Request to Designated Open Records Officer

  • Think Development Systems, Inc. v. Cloudious, LLC

    Publication Date: 2023-08-29
    Practice Area: Attorney Compensation | Contractual Disputes
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Theodore Lackland, (Lackland & Associates LLC), Marietta, for appellant.
    for defendant: Cody Wigington, (Wigington LLP), Atlanta, for appellee.
    Case Number: A23A1042

    Questions of Fact Presented as to Whether Parties Modified Agreement or Waived Strict Compliance

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  • City of Atlanta et al. v. Sebastian

    Publication Date: 2023-08-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Marc Sirotkin, Timothy Lemke, (Swift Currie), Atlanta, for appellant.
    for defendant: Kyle Johnston, (The Law Office of Kyle D. Johnston), Atlanta, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party; Todd Maziar, Atlanta, for AM.
    Case Number: A23A1185

    Court affirms the reversal of the suspension of benefit, reinstatement of worker's compensation, and attorney fee award for injured City policeman

  • Hodge v. The State

    Publication Date: 2023-08-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Shericka Choice, (Atlantic Judicial Circuit Public Defender Office), Hinesville, for appellant.
    for defendant: Hugh Ridgway, Billy Nelson, (Office of the District Attorney for the Atlantic Judicial Circuit), Hinesville, for appellee.
    Case Number: A23A1083

    Court vacates an order that revoked a defendant's probation and remands for resentencing in view of proper application of the relevant statute

  • Dunn et al. v. City of Stonecrest et al.

    Publication Date: 2023-08-21
    Practice Area: Administrative Law | Environmental Law | Government
    Industry: Manufacturing | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Robin Leigh, (Assistant Attorney General), Atlanta, Christopher Held, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Todd Pearson, (Molden & Associates), Atlanta, Winston Denmark, (Fincher Denmark LLC), Jonesboro, Paul Dzikowski, (Law Office of Paul J Dzikowski PC), Norcross, April Lipscomb, (Southern Environmental Law Center), Atlanta, Robert Sherrier, Atlanta, for appellee; Joshua Belinfante, Vincent Russo, Rachel Gage, Richard Robbins, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, Matthew Benson, Brian Easley, (Mahaffey Pickens Tucker, LLP), Lawrenceville, Clark Candler, (Hall County District Attorneys Office), Gainesville, Noah Priest-Goodsett, (DeKalb County Law Department), Decatur, for other party.
    Case Number: A23A0655

    State Environmental Agency Had Jurisdictional Authority to Grant Solid Waste Handling Permit to Recycler

  • Joe and James Properties, LLC v. City of Atlanta

    Publication Date: 2023-07-26
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bain, John Connolly, (Flint, Connolly & Walker, LLP), Canton, for appellant.
    for defendant: Ronald Freeman, (Johnson & Freeman, LLC), Union City, Janise Miller, (Attorney at Law), Atlanta, Bobby Hill, (The Law Office of Bobby E. Hill, Jr. LLC), Atlanta, for appellee.
    Case Number: A23A0304

    City's Failure to Provide Appraisal to Property Owner Prior to Acquiring Property Was Harmless Violation of Eminent Domain Statute

  • 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