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  • 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.

  • Cartersville Medical Center, LLC d/b/a Cartersville Medical Center v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Mariana Melendez, (Brinson, Askew, Berry, Rich, Seigler, Richardson), Rome, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, for appellant.
    for defendant: Julius Peek, Benjamin Stell, (McRae Smith Peek Harman & Monroe LLP), Rome, Armando Basarrate, Elizabeth Kitchens, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, for appellee; Christopher Carr, Stacey Hillock, Daniel Walsh, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta,
    Case Number: A22A0804

    Court reverses superior court order that rejected the Department of Health's decision to grant an application for a Certificate of Need for a new neonatal care unit

  • The State v. Bobby Lee Fish

    Publication Date: 2022-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Luana Nolen, (Douglas County District Attorney’s Office), Douglasville, Flynn Broady, Linda Dunikoski, (Cobb County District Attorney’s Office Cobb County Courthouse), Marietta, for appellant.
    for defendant: Steven Cook, (Attorney at Law), Marietta, for appellee.
    Case Number: A22A0920

    Court affirms order granting a motion to suppress evidence seized during a traffic stop that was unlawfully prolonged by an officer

  • In the Interest of K. P., a Child

    Publication Date: 2022-09-08
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Amber Walden, (The Fine Print Legal Consulting, LLC), Atlanta, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, Emily Harris, (Department of Law), Atlanta, Whitney Kenner Jones, (Kenner Jones Law LLC), Douglasville, for appellee; Valerie Gordon, (Douglas County Juvenile Court - Juvenile Public), Douglasville, Ann Mathis, Douglasville, Randy Duke, Douglasville.
    Case Number: A22A0921

    Court reverses finding of mootness that was used to justify denial of a motion to vacate a protective order and remands for consideration of the merits of the motion

  • Bowman v. Rouse

    Publication Date: 2022-06-29
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jacquelyn Luther, (Attorney at Law), Atlanta, for appellant.
    for defendant: Barbara Evans, (Bre Law, LLC), Duluth, for appellee.
    Case Number: A22A0380

    Court affirms modification of child support and parenting order, but vacates arrearages calculation and remands for further consideration,.

  • Bell v. The State

    Publication Date: 2022-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Randal McGinley, Alexandra Stone, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A21A1215

    Court reverses convictions for second-degree murder and cruelty to children due to insufficient evidence, but affirms conviction for contributing to a minor's dependency

  • In the Interest of C. B., a child (mother).

    Publication Date: 2022-01-28
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jessica Tucker, (The Law Offices of J Nichole Tucker, LLC), Decatur, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, Emily Harris, (Department of Law), Atlanta, Jerry Thacker, (Attorney at Law), Conyers, Raymond Gordon, (Raymond F. Gordon PC), Atlanta, for appellee; Dana Leader, (DeKalb County Child Advocacy Center), Decatur, for other party.
    Case Number: A21A1195

    Court reverses juvenile court order and concludes a child to be not dependent because DFCS did not present clear and convincing evidence of present dependency

  • Rendon-Villasana v. The State

    Publication Date: 2021-08-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Erica Matos, Atlanta, for appellant.
    for defendant: Fani Willis, Juliana Sleeper, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta.
    Case Number: A21A1068

    Evidence Was Sufficient to Sustain Defendant's Conviction for Kidnapping Victims After He Pretended to Be an Uber Driver

  • Hartman v. The State

    Publication Date: 2021-04-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Lauren Shubow, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Teri Walker, Richard Caplan, Claude Rudder, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A20A1911

    Court affirms convictions for rape and aggravated sodomy over defendant's challenges to evidence and claims of ineffective assistance of counsel

  • The Hatchett Firm, P. C. et al. v. Atlanta Life Financial Group, Inc.

    Publication Date: 2021-03-30
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Roy Banerjee, (Kumar, Prabhu, Patel & Banerjee, L.L.C.), Atlanta, Angelina Whitaker, (Blue Sky Law), Smyrna, for appellant.
    for defendant: Lisa Wolgast, Talia Wagner, (Morris, Manning & Martin, LLP), Atlanta, for appellee.
    Case Number: A20A1723

    Court reverses summary judgment order that had been in favor of sub-lessor due to outstanding issue of material fact, but affirms order against subtenants' counterclaims