• Lowndes County Health Services, LLC v. Copeland et al.

    Publication Date: 2019-11-06
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jeffrey Braintwain, Brian Mathis, Randolph Powell, Trevor Newberry, (Huff Powell Bailey, LLC), Atlanta, Robert Anspach, (Anspach Meeks Ellenberger LLP), Toledo, for appellant.
    for defendant: Christopher Connor, (Connor & Connor, LLC), Augusta, Kenneth Connor, (Connor & Connor, LLC), Aiken, John Hadden, (The Hadden Law Firm, LLC), Atlanta, Bret Moore, (Broughton Law), Atlanta, for appellee.

    Case Number: A19A1552

    Nursing Facility Engaged in Business-Related Ordinary Negligence by Leaving Night Shift Staff Without Anyone Properly Trained to Evaluate Residents

  • Collins v. The State

    Publication Date: 2019-11-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Anthony Collins, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Kevin Hutto, Bradford Rigby, (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.

    Case Number: A19A1282

    Court affirms child molestation and incitement convictions over defendant's multiple arguments for reversal

  • Church Street, LLC et al. v. SM Corrigan, LLC et al.

    Publication Date: 2019-10-16
    Practice Area: Real Estate
    Industry: Investments and Investment Advisory | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Thomas Grant, (Freed Grant LLC), Atlantafor appellant.
    for defendant: Gary Stiner, (Attorney at Law), Peachtree City, for appellee. John Christy, Jonathan Akins, (Schreeder Wheeler & Flint, LLP), Atlanta, for other party.

    Case Number: A19A0930

    Dissatisfied Real Estate Investor Presented No Evidence That Defendants Made Promises With Present Intention Not to Perform

  • Moton v. The State

    Publication Date: 2019-10-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ryan Locke, (Locke Law Firm, LLC), Atlanta, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Amber Bennett, (Newton County District Attorney's Office), Atlanta, for appellee.

    Case Number: A19A1422

    Court affirms admissibility of other acts evidence and affirms drug possession convictions

  • Wilson v. The State

    Publication Date: 2019-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Saraliene Durrett, (Saraliene Smith Durrett, LLC), Atlanta, for appellant.
    for defendant: Paul Howard, Burke Doherty, (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: A19A1477

    Court affirms aggravated assault and other convictions over defendant's enumerations of trial court error and claims of ineffective assistance of counsel

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    Authors: Gary L. Brown

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  • Terry v. Old Hat Chimney, LLC

    Publication Date: 2019-09-23
    Practice Area: Civil Procedure | Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, (Brodhead Law, LLC), Atlanta, Chloe Dallaire, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta, for appellant.
    for defendant: James Merritt, Matthew Moffett, (Gray, Rust, St. Amand, Moffett, & Brieske, LLP), Atlanta, Christopher Perniciaro, (Martenson Hasbrouck & Simon LLP), Atlanta, for appellee.

    Case Number: A19A1104

    Court affirms dismissal of direct liability negligence claim against employer that admitted vicarious liability

  • Nguyen v. The State

    Publication Date: 2019-08-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Danielle Snook, (Brunswick Judicial Circuit Public Defenders Office), Woodbine, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.

    Case Number: A19A0872

    Court Affirms Judgment of Conviction for Child Rapist Who Primarily Argued That He Was Not Adequately Permitted to Discredit His Twelve-Year-Old Victim and Also Raised Several Meritless Challenges to Trial Court Rulings and Counsel's Performance

  • Leekomon v. The State

    Publication Date: 2019-08-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Frances Kuo, (214 Executive Building), Decatur, for appellant.
    for defendant: Daniel Porter, Charissa Henrich, Lee Tittsworth, (Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A19A0813

    Court Affirms Conviction of Child Molester Over Claims That He Did Not Understand That He Had Consented to Have His Calls Recorded Due to Inability to Speak English Where Jail Had Procedure Available for Providing a Translator

  • JPMorgan Chase Bank, N. A. et al. v. Durie

    Publication Date: 2019-08-06
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Brian Hansen, (Kutak Rock LLP), Atlanta, for appellant.
    for defendant: Thomas Mondelli, Decatur, for appellee.

    Case Number: A19A0351

    Court reverses an order and dismisses a property owner's wrongful foreclosure action

  • In the Interest of A. L. S., a child

    Publication Date: 2019-08-05
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Carol Walker, (Attorney at Law), Gainesville, David Webster, (Attorney at Law), Atlanta, for appellant.
    for defendant: Michael Cummings, Michael H. Cummings II, LLC), Clayton, Karen Brouse, (Brouse Law), Blue Ridge, for appellee. Kellie Rogers, (Kellie E Rogers PC), Gainesville, for other party.

    Case Number: A19A0282

    Court vacates juvenile court's dismissal of a dependency action