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"Garbage In, Garbage Out": The Litigation Implosion Over The Unconstitutional Organization And Jurisdiction Of The City Court Of Atlanta, Edward C. Brewer Iii

Mercer Law Review

The City Court of Atlanta, the primary traffic court for Atlanta, Georgia, has exercised jurisdiction since 1996 over more than one million traffic violations and, since 1988 and under two statutes, some fifty thousand nontraffic misdemeanors. The City Court's first predecessor, the Traffic Court of Atlanta, adjudicated traffic law violations from 1955 to 1967 and was replaced in 1967 by a second court, also known as the City Court, which existed until 1996. That City Court's jurisdiction was expanded in 1988 to include nontraffic misdemeanors arising from the same occurrence as the traffic violation. In 1996 the City Court was …

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Joshua Sacks, Richard A. Griggs, Matthew E. Cook

Mercer Law Review

This survey period is most notable for the diversity of cases touching upon trial practice and procedure decided by the Georgia appellate courts. Among those were cases fleshing out the permissible parameters of attorney-client contractual relations, scaling back the malpractice affidavit pleading requirement, defining further what constitutes a doctor-patient relationship, interpreting the wrongful death act to determine who can properly bring a claim, and declining to apply the self-contradictory testimony rule to a party's expert witness. Other important decisions addressed previously undecided evidentiary questions, confused medical providers attempting to comply with thirdparty requests for production of documents, and expanded the …

Appellate Practice And Procedure, William M. Droze, Jeri N. Sute

Mercer Law Review

Rules of practice and procedure in appellate courts, such as the United States Court of Appeals for the Eleventh Circuit, significantly impact cases brought before those courts comprising the circuit. From enforcement of procedural rules requiring the timely filing of a notice of appeal to application of justiciability doctrines to determine a party's standing to bring a claim, issues of practice and procedure commonly arise at the court of appeals.

This Article explores the application of practice and procedure by the Eleventh Circuit during 1999. The topics discussed include appellate culling of appealable issues; appellate treatment of interlocutory matters; timeliness …

Trial Practice And Procedure, Philip W. Savrin

Mercer Law Review

This Article surveys the 1999 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

• Removal Jurisdiction
• Arbitration
• Abstention
• Final Judgment
• Preemption
• Jurisdiction
• Appellate Jurisdiction