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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

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Bunde v. The State

    Publication Date: 2023-06-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Head, (Attorney at Law), Sandy Springs, Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellant.
    for defendant: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, for appellee.
    Case Number: A23A0595

    Defendant Consented to Breath Test Following Vehicle Accident

  • Braselton ASC, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2023-05-29
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden, Grace Kopache, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellant.
    for defendant: Christopher Carr, Margaret Eckrote, (Attorney General), Atlanta, Marial Ellis, (Dept. of Community Health), Atlanta, Robert Rozier, Dorothy Cornwell, Brittany Sykes, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, Talis Trevino, (Holland & Knight LLP), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Caylee Noggle, (Commissioner-C/O Office of Health Planning Department of Community Health), Atlanta, for appellee.
    Case Number: A23A0522

    Court affirms award of a certificate of need to one entity where a competing entity had challenged the financial feasibility of the first entity's proposed surgical center.

  • Peace v. Butler et al.

    Publication Date: 2023-05-08
    Practice Area: Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Megan McCulloch, Atlanta, for appellant.
    for defendant: Katherine Stoff, (State Law Department), Atlanta, for appellee.
    Case Number: A23A0555

    Court vacates judgment denying unemployment benefits and remands for findings on application of rules impacted by the COVID-19 emergency

  • Thomas et al. v. Henry County Water Authority et al.

    Publication Date: 2023-05-04
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Kimelyn Minnifield, (Attorney at Law), McDonough, for appellant.
    for defendant: Sun Choy, Wesley Jackson, (Freeman Mathis Gary, LLP), Atlanta, for appellee.
    Case Number: A23A0362

    Court reverses dismissal of car accident lawsuit against a Water Authority and its employee, concluding that plaintiff did not need to serve an ante litem notice on them

  • Hicks v. The State

    Publication Date: 2023-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A22A1188

    Court affirms convictions of rape, kidnapping, and other crimes over defendant's claims of insufficient evidence, error, and ineffective assistance of counsel