• Naval Store Suppliers, Inc., d/b/a Southern Builders Supply et al. v. Croft et al.

    Publication Date: 2018-06-14
    Practice Area: Premises Liability
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Charles Watt (Coleman Talley LLP), Valdosta, for appellant.
    for defendant: John Cotton (Cotton Law Firm, P.C.), Cordele; Saleem Dennis (Maniklal & Dennis, LLP), Valdosta, for appellee.

    Case Number: A18A0366

    The trial court erred in denying defendants' motion for summary judgment in plaintiff's slip and fall suit because the uncontroverted evidence showed that plaintiff and defendants had equal knowledge of the hazard created by ice forming near an entrance door.

  • Baja Properties, LLC v. Mattera et al.

    Publication Date: 2018-04-25
    Practice Area: Business Torts | Contractual Disputes | Corporate Entities
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: C. Davis (Lee Davis Law LLC), Atlanta; Emma Burke (Bailey Davis LLC), Marietta, for appellant.
    for defendant: William Ney (William Brent Ney LLC), Atlanta; Donna-Marie Hayle (Ney Hoffecker Peacock & Hayle), Atlanta, for appellee.

    Case Number: A17A1875

    Unlicensed Contractor Could Not Enforce Contract with Property Owners to Build Home for Them

  • Johnson v. Dekalb County, Georgia

    Publication Date: 2018-04-10
    Practice Area: Attorney Compensation | Election and Political Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Samuel Woodhouse (The Woodhouse Law Firm), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Cristina Correia (State of Georgia Office of the Attorney General), Atlanta; Phillp Friduss, Ernest Satterfield (Hall Booth Smith, PC), Atlanta; Robert Ware (Office of the County Attorney), Atlanta; Nathan Gaffney (Fried Rogers Goldberg), Atlanta; Russell Britt (Attorney at Law), Atlanta, for appellee.

    Case Number: A17A1607

    County Tax Official Who Successfully Challenged Special Election Was Entitled to Attorney Fees

  • Swallows et al. v. Adams-Pickett et al.

    Publication Date: 2018-03-30
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Charles Cork (Attorney at Law), Decatur; Sam Nicholson (Nicholson Revell LLP), Augusta; Scott Eldredge (Burg Simpson Eldredge Hersh & Jardine, P.C.), Englewood, for appellant.
    for defendant: Thomas Tucker, Thomas Tucker (Tucker Long, P.C.), Augusta; David Johnson, Kevin Race, Kristin Malcolm (Insley & Race, LLC), Atlanta, for appellee.

    Case Number: A17A1517

    Longer Limitations Period For Medical Malpractice Actions IS Available to Minors Under Five But Not To Claims Made By Minors' Parents

  • Atwater et al. v. Tucker

    Publication Date: 2017-11-20
    Practice Area: Constitutional Law | Government
    Industry: Education | State and Local Government
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Janet Scott, A. Welch (Smith, Welch, Webb & White, LLC), McDonough; Larry Mims, Ross Pittman (Attorney at Law), Tifton; Megan Pearson (Attorney at Law), McDonough, for appellant.
    for defendant: Craig Webster (Attorney at Law), Tifton, for appellee.

    Case Number: A17A0722

    County school officials were entitled to official immunity in teacher's suit under 42 USC § 1983 alleging that they violated her First Amendment rights by disciplining her after she posted a particular comment on a social media website and the trial court thus erred in denying their motion for judgment on the pleadings.

  • Hood v. The State

    Publication Date: 2017-11-15
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: James Hood, Ludowici, for appellant.
    for defendant: Oliver Browning (District Attorney), Cedartown; Ryan Remsen (Attorney at Law), Rome, for appellee.

    Case Number: A17A1147

    The trial court erred in denying defendant's second motion for out-of-time appeal, to the extent it held that defendant was not entitled to file a direct appeal from the denial of his motion to vacate void sentence, because defendant raised a colorable claim that his sentence was void and, thus, he was entitled to file a direct appeal from the denial of his motion to vacate void sentence.

  • The State v. Crews

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: George Barnhill (District Attorney), Waycross; Michelle McIntire (Office of District Attorney - Waycross Judicial Circuit Assistant District Attorney), Waycross, for appellant.
    for defendant: James McGee (McGee and McGee), Waycross, for appellee.

    Case Number: A17A0672

    The trial court erred in granting defendant's motion for new trial based on its finding that trial counsel was ineffective and that defendant's right to a fair trial was violated due to his legs being shackled during the trial.

  • Stallings v. The State

    Publication Date: 2017-11-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A17A1116

    The trial court partially erred in denying defendant's motion for new trial following her convictions for one count of armed robbery and one count of aggravated assault because the trial court's determination as to the admissibility of defendant's statement to police was based at least partly on a material factual finding that was clearly erroneous.

  • Burson et al. v. Milton Hall Surgical Associates, LLC

    Publication Date: 2017-11-01
    Practice Area: Contracts | Employment Litigation
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A17A1317

    The trial court partially erred in denying former employees' motion to dismiss former employer's breach of contract claims against them arising out of their employment contracts, because certain provisions of the agreements were too indefinite to be enforceable.

  • Rebel Auction Co., Inc. v. The Citizens Bank

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Evidence | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellant.
    for defendant: Markie Perry (Cowart & Perry, LLP), Valdosta; Clifford Kirbo (The Kirbo Law Firm), Moultrie, for appellee.

    Case Number: A17A0938

    The trial court erred in granting bank's motion for summary judgment but properly denied defendant's motion for summary judgment in a suit arising out a default on two promissory notes.