20 results for 'judge:"Mercier"'.
J. Mercier finds that the lower court improperly ruled in favor of an Airbnb co-host sued by a renter for injuries she sustained while she was staying at the property. Evidence proves that the co-host should have predicted that a tree branch could fall and strike a person in the parking area below. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 27, 2024, Case #: A24A0593, Categories: Tort
J. Mercier finds that the trial court incorrectly sentenced defendant by failing to include a behavioral incentive date in the order sentencing him to two consecutive five-year terms of probation for marijuana and firearm possession offenses. Defendant had no prior felony convictions, therefore the statute required that a behavioral incentive date be included in his straight probationary sentence. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0663, Categories: Sentencing
J. Mercier finds that the trial court improperly denied defendant's motion to vacate a void sentence following his guilty plea to two counts of child molestation. The 10-year probationary sentence imposed on one count was not split as it should have been in accordance with the statute which was in effect at the time defendant committed the crime. The trial court incorrectly dismissed defendant's motion to withdraw his guilty plea based on the void sentence. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0214, Categories: Sentencing, Sex Offender, Plea
[Consolidated.] J. Mercier finds that the trial court improperly granted the customers' motions for spoliation sanctions in premises liability actions against the convenience store arising after customers were attacked and injured by an assailant while shopping. The customers alleged the store committed spoliation by failing to preserve surveillance footage showing time periods before the attacks. The trial court applied an incorrect standard of review in considering the customers' motions and considered evidence in the light most favorable to the customers rather than the store. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 13, 2024, Case #: A23A1597, Categories: Sanctions, Premises Liability
J. Mercier finds that the trial court properly granted the hospital's motion to dismiss negligence, promissory estoppel and pain and suffering claims in a medical malpractice action brought by the widow after her husband's death. The widow failed to file an expert affidavit, which was necessary because her claims were based on questions about the propriety of medication administered to the husband and therefore fell into the realm of professional malpractice rather than simple negligence. However, the trial court incorrectly ruled in favor of the hospital on the widow's battery claim alleging that the hospital performed surgery without consent. The widow pointed to evidence that the husband's signature on a permission form was forged. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 5, 2024, Case #: A23A1589, Categories: Medical Malpractice
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J. Mercier finds that the trial court properly convicted defendant of rape, aggravated child molestation and child molestation. The trial court did not commit any error by refusing to give a preliminary jury instruction or by admitting evidence of other acts committed by defendant which were not admitted during his first trial. Defendant failed to show that he was harmed or prejudiced by the court reporter's failure to transcribe the sidebar in which defendant requested the preliminary instruction. The trial court correctly denied defendant's motion for release of the jurors' personal information. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: February 21, 2024, Case #: A23A1504, Categories: Sex Offender, Child Victims
J. Mercier finds that the trial court improperly dismissed the insured's action against the insurer arising after the insurer failed to issue a full refund to the insured following her early cancellation of a car insurance policy. The trial court incorrectly found that the insured's interpretation of a refund provision in the policy was unreasonable. The insured could have reasonably believed that her refund would be calculated based only on the amount of premium she had already paid. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: January 3, 2024, Case #: A23A1529, Categories: Insurance
J. Mercier finds that the trial court improperly granted defendant's motion to suppress evidence of other acts related to defendant's alleged sexual assault of four prior victims. Defendant has been indicted for rape, sexual battery, false imprisonment and other offenses. The victims all say defendant sexually assaulted them while performing spiritual cleansing rituals. The prior alleged acts are very similar to the current alleged crime, occurred close in time to the charged offense and are necessary to show the victim's lack of consent. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: December 4, 2023, Case #: A23A1737, Categories: Evidence, Sex Offender
J. Mercier finds that the trial court improperly granted two motions for contempt and issued a default judgment against the investment company in a fraud and breach of fiduciary duty action brought by the real estate company. The first contempt order finding that the investment company had interfered with the real estate company's management of properties was vague and failed to provide definitive terms for the investment company to purge its contempt. The order did not provide a due date for the investment company to pay all income from the properties into the court registry. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: October 20, 2023, Case #: A23A0871, Categories: Contempt, Fraud, Fiduciary Duty
J. Mercier finds that the trial court improperly denied the county's motion to dismiss a declaratory judgment action brought by the city alleging that the county failed to properly assess and tax leasehold interests at an airport owned by the county but located within both the city and county. The city failed to properly state a claim for declaratory judgment because it has no uncertainty regarding its own future behavior and instead seeks adjudication of the propriety of the county's actions. The city also failed to show that any statutory provision authorized its action against the county for damages arising from an alleged failure to assess ad valorem taxes at the airport. The county's operation of the airport qualifies as a governmental function and it is therefore not subject to occupancy taxes under the city code. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: October 18, 2023, Case #: A23A0798, Categories: Tax
J. Mercier finds that the trial court improperly dismissed defendant's pro se motion to modify or reduce his sentence for child molestation, sodomy and statutory rape convictions. The decision to dismiss was based on a holding by the Georgia Supreme Court related to a layperson's right to represent himself while also being represented by an attorney. The holding was overturned by the Georgia Supreme Court's decision earlier this year in Johnson v. State. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: August 16, 2023, Case #: A23A1186, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Mercier finds that the trial court properly dismissed an individual's injunctive relief action seeking to force a Georgia Tech professor to produce documents pursuant to Georgia's Open Records Act. The individual sought materials collected or prepared in relation to any DARPA contract awarded to Georgia Tech, the hack of the Democratic National Committee and any white papers provided to the Department of Justice. The request was not properly submitted to Georgia Tech's designated open records officer. However, the trial court improperly awarded $53,000 in attorney fees to the professor before holding an evidentiary hearing. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: August 4, 2023, Case #: A23A1163, Categories: Public Record, Attorney Fees
J. Mercier finds that the trial court improperly ruled in favor of the consulting service on its breach of contract and breach of fiduciary duty claims against the staffing service in an action arising from the staffing service's alleged violation of an asset sales agreement. Questions of fact remain as to whether the consulting service waived strict compliance with the agreement and whether the parties modified the agreement. Questions of fact also remain as to the amount owed to the consulting service and whether the staffing service properly withheld any of the payments. The trial court incorrectly found in favor of the consulting service on the staffing service's request for attorney fees. However, the trial court correctly refused to find in favor of the consulting service on the staffing service's breach of contract and unjust enrichment counterclaims. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: August 2, 2023, Case #: A23A1042, Categories: Fiduciary Duty, Attorney Fees, Contract
J. Mercier finds that the trial court properly upheld the decision by the state board of workers' compensation reinstating the police officer's workers' compensation benefits after the city suspended them and awarding attorney fees to the officer. The city incorrectly suspended the officer's benefits based on a referred physician's determination that he could be released to full work duty without restrictions following an injury. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: July 27, 2023, Case #: A23A1185, Categories: Attorney Fees, Workers' Compensation
J. Mercier finds that the trial court improperly revoked the nearly six-year balance remaining on defendant's 10-year probation sentence after she failed to tell her probation officer that she had moved and was arrested for DUI. Defendant was serving probation following her guilty plea to charges including hit and run and DUI. Although the trial court correctly found that a probation violation had occurred, it was only authorized to revoke two years of defendant's probation because the violation involved a general condition of probation rather than a special condition. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: July 27, 2023, Case #: A23A1083, Categories: Probation, Dui
J. Mercier finds that the lower court improperly granted summary judgment to the city of Stonecrest on its declaratory judgment claim against the Environmental Protection Division of the Georgia Department of Natural Resources and its director in this dispute relating to a solid waste handling permit. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: July 13, 2023, Case #: A23A0655, Categories: Municipal Law
[Consolidated.] J. Mercier finds that the trial court properly denied the property owner's motion to set aside the city's condemnation petition but incorrectly limited post-judgment interest to 30 days from the date of the judgment granting the petition and awarding the owners $435,000 in compensation. There is evidence that the city obtained an external property appraisal before issuing the offer, sent a copy of it to the owner at its last known address and tried to negotiate in good faith despite the owner's refusal to cooperate. The trial court correctly denied the property owner's motion for attorney fees. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: June 21, 2023, Case #: A23A0304, Categories: Property, Attorney Fees
J. Mercier finds that the trial court improperly granted the state's petition to revoke defendant's probation for allegedly committing a RICO violation and failing to pay fines. Defendant's probation had expired at the time the petition was filed and the tolling order submitted by the state and signed by the trial court five years after defendant was sentenced to probation was never filed with the clerk of court. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 31, 2023, Case #: A23A0323, Categories: Criminal Procedure, Probation
J. Mercier finds that the trial court properly denied defendant's motion to suppress the results of a breath test administered after a collision. Defendant was convicted of DUI, serious injury by vehicle and failure to maintain a lane. The trial court correctly found that defendant voluntarily consented to the breath test. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 31, 2023, Case #: A23A0595, Categories: Dui
J. Mercier finds that the trial court properly upheld the department's decision to award a subsidiary of the medical center a certificate of need for the establishment of a new ambulatory surgery center. Financial documents submitted by the subsidiary satisfied the department's completeness requirement. The commissioner did not exceed her authority by relying on facts found by the hearing officer regarding the subsidiary's financial feasibility. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 3, 2023, Case #: A23A0522, Categories: Civil Procedure, Health Care