• Leaphart v. The State

    Publication Date: 2024-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Brandon Bullard, Audra Murphey, (The Bullard Firm, LLC), Atlanta, for appellant.
    for defendant: Lee Darragh, Anna Fowler, (District Attorney, NEJC of Ga Northeastern Judicial Circuit), Gainesville, for appellee.

    Case Number: A24A1123

    Court affirms conviction for aggravated child molestation over defendant's contention that he was denied a Faretta hearing for self-representation and challenge to admission of evidence

  • Brown v. The State

    Publication Date: 2024-08-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Terry Taylor, (Public Defender’s Office of Columbia Judicial Circuit), Evans, for appellant.
    for defendant: Bobby Christine, Kevin Majeska, (Columbia Judicial Circuit District Attorney), Evans, for appellee.

    Case Number: A24A1029

    Court reverses convictions for child molestation and related charges due to trial court's improper removal and replacement of a hold-out juror

  • Be Our Guest Investments, LLC v. Piedmont Park Conservancy, Inc.

    Publication Date: 2024-08-23
    Practice Area: Contracts
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Gary Hulsey, Jeffrey Morgan, Sydnie Zachary, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Jason McLarry, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Brett Tarver, (Insley and Race, LLC), Atlanta, for appellee.

    Case Number: A24A0618

    Court reverses summary judgment order and remands in a breach of contract action because trial court misapplied the new business rule to exclude evidence of lost profits

  • P&J Beverage Corporation v. The Bottle Shop, LLC

    Publication Date: 2024-08-13
    Practice Area: Damages
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Stephen Hodges, (Philips Branch & Hodges), Columbus, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellant.
    for defendant: Travis Hargrove, (The Finley Firm), Columbus, Robert Lomax, (Robert R. Lomax, LLC), Columbus, for appellee.

    Case Number: A24A0033

    Court affirms judgment of actual and punitive damages and attorneys' fees in favor of a plaintiff that sued for wrongful injunction and abusive litigation

  • Vatave v. Canopy Workforce Solutions, LLC

    Publication Date: 2024-08-07
    Practice Area: Contracts
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Sunil Vatave, Atlanta, for appellant.
    for defendant: Blake Frye, (Hill, Kertscher & Wharton, LLP), Atlanta, for appellee.

    Case Number: A24A0552

    Court affirms application of Prophecy rule to excise contradictory claims about a contract breach but reverses summary judgment in a dispute over payment of deferred compensation

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  • General Security Indemnity Company of Arizona v. Gerald Jones Ford, LLC

    Publication Date: 2024-07-24
    Practice Area: Insurance Law
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Paul Fields, Stephen Kahn, Taylor Lear, (Fields Howell, LLP), Atlanta, Jeffrey Kershaw, (Kershaw White LLC), Atlanta, David Albaugh, (Christensen Hsu Sipes, LLP), Chicago, for appellant.
    for defendant: Bowen Klosinski, (Klosinkis Overstreet LLP), Augusta, for appellee; Jerquavious Berry, Thomson, for other party.

    Case Number: A24A0477

    Court reverses summary judgment for a car dealership in an insurance dispute, clarifies "invalid" policy interpretation, and rules in favor of dealership's insurer

  • Rivera v. The State

    Publication Date: 2024-07-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Katie Borodin, Eliot Abt, (The Abt Law Firm, LLC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Angela Mattozzi, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.

    Case Number: A24A0299

    Court reverses sexual exploitation conviction and remands for a new trial due to defendant's improper waiver of right to counsel, which was not done knowingly and intelligently

  • Hall v. The State

    Publication Date: 2024-06-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Lee Fitzpatrick, (Attorney at Law), Woodstock, for appellant.
    for defendant: Fani Willis, Mario Kladis, (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: A24A0568

    Court affirms convictions for aggravated assault and related offenses, rejecting challenges to sufficiency of evidence sufficiency and admission of text messages as hearsay

  • Hartman v. De Caro

    Publication Date: 2024-05-23
    Practice Area: Civil Appeals | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: William Davis Hewitt, (The Appellate Division - Georgia Public Defender Council), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Elizabeth Haase Brock, Christopher M. Carr, (Department of Law), Atlanta, William Patrick Doupé, Ali Pauline Ritch, (Toombs Circuit District Attorney’s Office), Thompson, for appellee.

    Case Number: A24A0323

    Court dismisses appeal to an order granting temporary custody to one partner, finding that it lacked jurisdiction over the appeal, which the other partner had filed directly

  • Drucker v. Morgan et al.

    Publication Date: 2024-05-01
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Eugene Brooks, (Brooks Law Firm), Savannah, Kurt Kastorf, (Kastorf Law), Atlanta, for appellant.
    for defendant: Gregory Mast, Christopher Lee, (Fields Howell LLP), Atlanta, for appellee.

    Case Number: A24A0593

    Court affirms summary judgment for certain entities in a premises liability claim but reverses dismissal of claims against a rental property's owner due to unresolved questions of fact