• Freeport Title & Guaranty Inc., as Trustee of The 4977 Memorial Trust v. Tegeue et al.

    Publication Date: 2021-06-21
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
    for defendant: Lawrence Kelly, Austin James, Elizabeth Padgett, (Fidelity National Law Group), Atlanta, Tania Tuttle, Sarah Monico, (McLain & Merritt PC), Alpharetta, Brett Ledermeier, (McLain & Merritt PC), Atlanta, Craig Pendergrast, (Taylor English), Atlanta, for appellee. Paris Wynn, (U.S. Department of Justice), Atlanta, for other party

    Case Number: A21A0232

    Court affirms dismissal of petition to quiet title, concluding that no reversion of title occurred even though a recorded security deed did not specify a debt maturity date

  • 2800 Chamblee Diamond, LLC v. Fitsum et al.

    Publication Date: 2021-06-18
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jason Graham, Robert Kozloski, (Graham Legal, LLC), Atlanta, Mary Meyer, David Jaffer, (Jaffer Law, PC), Tucker, for appellant.
    for defendant: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellee.

    Case Number: A21A0348

    In a dispute between a landlord and tenant in a commercial lease, court reverses order as to certain restricted uses but affirms as to others, and reverses award of damages

  • Davidson v. Lindfield Holdings, LLC

    Publication Date: 2021-06-04
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Preston Haliburton, (Haliburton Law Firm), Atlanta, Edwin Wilson, (Attorney at Law), Snellville, William Davidson, Snellville, for appellant.
    for defendant: John Ayoub, Carolina Bryant, (Ayoub & Mansour LLC), Atlanta, for appellee.

    Case Number: A21A0250

    Trial Court Did Not Err in Adopting Special Master's Finding in Quiet Title Dispute

  • General Motors LLC v. Buchanan et al.

    Publication Date: 2021-06-02
    Practice Area: Diversity | Wrongful Death
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Laurie Daniel, Jonathan Spital, (Holland & Knight), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Brian Kappel, Michael Bell, Rachel Lary, Christopyer Yearout, (Lightfoot, Franklin & White, LLC), Birmingham, Myrece Johnson, (Attorney at Law), Atlanta, Richard North, Richard North, (Nelson, Mullins, Riley & Scarborough), Atlanta, for appellant.
    for defendant: Patrick Dawson, (Attorney at Law), Marietta, Lance Cooper, (The Cooper Firm), Marietta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee. Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, William Custer, (Bryan Cave Leighton Paisner LLP), Atlanta, Christopher Glover, (Beasley Allen Crow Methvin Portis Miles), Montgomery, Darren Penn, (Penn Law LLC), Atlanta, for Amicus Appellant.

    Case Number: A21A0043

    Court affirms denial of a protective order that sought to preclude a deposition of GM's CEO and declines to adopt the apex doctrine in Georgia

  • Advanced Disposal Services Atlanta, LLC. v. Marczak et al.

    Publication Date: 2021-05-04
    Practice Area: Personal Injury
    Industry: Recruitment and Staffing
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Dixon, Melody Demasi, (Dennis, Corry, Porter & Smith, L.L.P.), Atlanta, for appellant.
    for defendant: Michael Calabro, (Attorney at Law), Roswell, Stephen Berger, (Attorney at Law), Marietta, Marina Melman, (Melman Law Group), Roswell, for appellee. James Strawinski, (Strawinski & Stout, P. C.), Atlanta, for other party.

    Case Number: A21A0180

    Court affirms denial of summary judgment on respondeat superior and negligent training claims, and reverses order granting summary judgment on negligent retention

  • Samdperil et al. v. Watson

    Publication Date: 2021-04-22
    Practice Area: Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Aaron Kappler, (Thompson, O'Brien, Kemp & Nasuti, P.C.), Peachtree Corners, Aaron O'brien, (Thompson O'Brien), Norcross, for appellant.
    for defendant: Benjamin Rachelson, (Rachelson & White), Atlanta, Brian Wilson, (Bodker, Ramsey, Andrews, Winograd & Wildstein P.C.), Atlanta, for appellee.

    Case Number: A21A0542

    Promissory Note Unambiguously Provided For Default Upon Failure to Include Interest With Interim Payment

  • Rubenstein et al. v. Palatchi et al.

    Publication Date: 2021-04-19
    Practice Area: Business Torts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Charles Hoffecker, (Hayle Hoffecker Peacock, LLC), Atlanta, for appellant.
    for defendant: Michael Holbein, (Arnall Golden Gregory LLP), Atlanta, Scott King, Michael DeLeva, (SK Law Group), Atlanta, B. Potter, (Hays Potter & Martin, LLP), Peachtree Corners, for appellee.

    Case Number: A21A0095

    Borrower's Allegedly False Assurances As To His Business's Financial Raised Triable Issues as to Fraud Claim

  • Leary v. Perdue Farms, Inc.

    Publication Date: 2021-04-19
    Practice Area: Civil Procedure | Personal Injury
    Industry: Automotive | Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Paul Ayerbe, (Ayerbe & Cowart), Macon, for appellant.
    for defendant: James Fisher, Tiffany Winks, Caroline Jozefczyk, (Hall Booth Smith PC), Atlanta, for appellee.

    Case Number: A21A0289

    Evidence That Two Similarly-Named Entities Had Same Address and Registered Agent Supported Leave to Amend Complaint

  • Gonzalez v. The State

    Publication Date: 2021-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David West, (David West & Associates), Marietta, for appellant.
    for defendant: Rosemary Greene, Sharon Fox, (Gordon County District Attorney's Office), Calhoun, Alex Oberkofler, (Cherokee Circuit District Attorney's Office), Cartersville, for appellee.

    Case Number: A21A0130

    Child Molestation Victim's Testimony Alone Was Sufficient to Sustain Conviction

  • Mendez v. The State

    Publication Date: 2021-04-14
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Israel Mendez, (Wheeler Correctional Facility), Alamo, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.

    Case Number: A21A0241

    Trial Court Erred in Denying Defendant's Motion for an Out-of-Time Appeal Without an Evidentiary Hearing

  • Hunt v. The State

    Publication Date: 2021-04-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Karen Wilkes, (Tallapoosa Circuit Public Defender), Cedartown, for appellant.
    for defendant: Oliver Browning, Crystal Polizzi, (Polk County District Attorney's Office), Cedartown, for appellee.

    Case Number: A21A0339

    Trial Court Abused its Discretion in Revoking Probation; State Failed to Provide Necessary Evidentiary Connection Between Defendant and Gun