Ga. Code Ann. § 13-6-11

Section 13-6-11 allows recovery of attorney fees and litigation expenses only when other damages are recoverable.

Trulove v. Woodmen of World Life Insurance Society · filed 1992-05-07

Attorney fees and expenses of litigation are not recoverable under OCGA § 13-6-11 unless other damages are recoverable.

Section 13-6-11 generally bars attorney fees and litigation expenses but permits them when the opposing party acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Laroche Industries, Inc. v. Aig Risk Management, Inc. · filed 1992-05-28

The rule in Georgia with respect to attorneys' fees and litigation cost provides that these awards are generally not allowed. See O.C.G.A. § 13-6-11 (Michie 1991). In order to fall within an exception to this rule, one must plead and prove that the opposing party acted in bad faith in the underlying transaction, was stubbornly litigious, or caused unnecessary trouble and expense in the ensuing litigation. ... Indeed, O.C.G.A. § 13-6-11 is set forth in the Contracts title of the Georgia Code. Hence, the jury was authorized to find the requisite bad faith with respect to the contract theory and award fees on that basis alone.

Section 13-6-11 permits litigation expenses when evidence supports an inference that a party acted in bad faith or caused unnecessary trouble and expense.

Pope v. Witter · filed 1992-07-01

Consequently, there is evidence from which the jury could infer that Pope entered into the agreement in bad faith and that he made Witter go to unnecessary trouble and expense to secure what he was owed. Under the circumstances this evidence is sufficient to warrant denial of Pope’s motion.

Section 13-6-11 permits attorney fees when the factfinder finds bad faith, stubborn litigiousness, or unnecessary trouble and expense caused to the prevailing party.

Cora v. Wagner · filed 1990-09-04

The factfinders may allow attorney fees if they find present in a case any one of three factors: bad faith, stubborn litigiousness, or causing the prevailing party unnecessary trouble and expense. OCGA § 13-6-11; Franchise Enterprises v. Ridgeway, 157 Ga. App. 458, 460 (278 SE2d 33) (1981); Harrison v. Ivie, 143 Ga. App. 856 (240 SE2d 224) (1977).

Section 13-6-11 permits attorney fees for bad faith, stubborn litigiousness, or unnecessary expense of litigation, with those issues generally submitted to the jury.

Unique Designs, Inc. v. Pittard MacHinery Co. · filed 1991-06-28

“Questions of bad faith, stubborn litigiousness and expense, OCGA § 13-6-11, are generally questions for the jury. [Cit.]” ... Accordingly, the trial court did not err in allowing Pittard’s claim for attorney fees to go to the jury.

Section 13-6-11 allows attorney fees to be awarded for fraud and deceit.

Famiglietti v. Brevard Medical Investors, Ltd. · filed 1990-09-19

Attorney fees may be awarded for fraud and deceit under OCGA § 13-6-11 (formerly Code Ann. § 20-1404).

Section 13-6-11 does not support an attorney’s fees charge when the evidence shows no bad faith, even if liability is undisputed and damages are disputed.

Hester Enterprises, Inc. v. Narvais · filed 1991-02-13

Even if the evidence shows no bona fide dispute as to the Corporation’s liability for breach of the construction contract, the evidence nevertheless shows a bona fide dispute as to the amount of damages appellees were authorized to recover. See Carpet Transport v. Dixie Truck Tire Co., 185 Ga. App. 181, 182 (1) (363 SE2d 840) (1987). Moreover, appellees do not point out, and we do not find, any evidence of bad faith. It follows that the trial court erred in giving the charge on the recoverability of attorney’s fees.

Section 13-6-11 permits attorney’s fees when bad faith, stubborn litigiousness, or unnecessary trouble and expense supports the award.

M. K. Developers, Inc. v. McCall · filed 1991-11-25

There is no evidence of appellant’s bad faith in the transaction out of which appellees’ claim arose. ... Moreover, the record demonstrates the existence of a genuine controversy over appellant’s liability for the acts of workmen who might have been independent contractors rather than servants for whose acts appellant would be vicariously liable. This genuine controversy would preclude an award of attorney’s fees based on the grounds of stubborn litigiousness or causing unnecessary trouble and expense.

Section 13-6-11 permits attorney’s fees as a separate damages element only when the claimant has a viable independent counterclaim for breach of contractual obligations, and does not permit fees for statutory liability or defending the opposing party’s action.

First Union National Bank v. Big John's Auto Sales, Inc. · filed 1992-03-19

Attorney’s fees pursuant to OCGA § 13-6-11 “are not recoverable against a defendant in a suit based upon a ‘statutory liability.’ [Cit.]” ... To authorize a recovery of attorney’s fees as a separate element of damages pursuant to OCGA § 13-6-11, the corporate appellee must have had a viable independent counterclaim for appellant’s breach of the contractual obligations that were owed to the corporate appellee. ... Since the record demonstrates, on its face, that the corporate appellee did not specifically plead a viable independent counterclaim for appellant’s breach of contract such as would otherwise authorize a recovery of attorney’s fees pursuant to OCGA § 13-6-11, the instant award of attorney’s fees cannot be upheld as authorized under that provision.

Section 13-6-11 permits recovery of attorney fees and expenses of litigation when the opposing party's position is contrary to well-established law in Georgia.

Tom Barrow Company v. St. Paul Fire & Marine Insurance Company · filed 1992-06-26

Moreover, since Tom Barrow Company specifically pleaded a claim for its attorney fees and expenses of litigation under OCGA § 13-6-11 and supported that claim in its motion for summary judgment and since appellees’ position was contrary to well-established law in this state, it is entitled also to recover on that claim.

Section 13-6-11 permits a plaintiff in a proper case to recover attorney fees as litigation expenses.

Department of Transportation v. B & G Realty, Inc. · filed 1990-10-26

There is adequate authority to allow a fee award as part of the proceeding pursuant to OCGA § 13-6-11.

Section 13-6-11 allows a plaintiff to recover litigation expenses as an additional compensatory element of damages when its stated circumstances are met.

Department of Transportation v. Fru-Con Construction Corp. · filed 1992-12-01

“OCGA § 13-6-11 does not create an independent cause of action. That statute merely establishes the circumstances in which a plaintiff may recover the expenses of litigation as an additional element of his damages. [Cit.]” ... “The damages allowed under this Code section are compensatory, not punitive or vindictive. [Cit.]”

Section 13-6-11 allows litigation expenses only when other damages are recoverable and evidence supports the specified misconduct.

Steele v. Russell · filed 1993-01-07

However, the expenses of litigation recoverable pursuant to OCGA § 13-6-11 are ancillary and may only be recovered where other ... elements of damage are also recoverable. ... An award pursuant to OCGA § 13-6-11 cannot be supported without such evidence.

Section 13-6-11 requires competent evidence and fair notice in the pretrial order before a jury may be instructed on expenses of litigation and attorney fees.

Fussell v. Carl E. Jones Development Co. · filed 1993-02-25

We find no merit in appellant’s enumerations of error concerning the trial court’s failure to give his requested jury charges on expenses of litigation and attorney fees. The portions of the transcript provided to this court contain no competent evidence of attorney fees, and the pretrial order does not put appellees on notice that appellant was seeking recovery of fees and expenses under either OCGA § 13-6-11 or OCGA § 9-15-14, which were the principles of law on which appellant sought to have the jury instructed.

Section 13-6-11 lets a plaintiff recover attorney fees when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Shepherd v. Aaron Rents, Inc. · filed 1993-03-09

OCGA § 13-6-11 provides that a plaintiff may recover attorney fees if the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. A jury may award attorney fees as expenses of litigation where the defendant has acted in bad faith in the transaction out of which the cause of action arose. ... Such an award for attorney fees under OCGA § 13-6-11 will be upheld if there is any evidence to support it.

Section 13-6-11 permits a jury to award litigation expenses when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Gwinnett County Board of Tax Assessors v. Network Publications, Inc. · filed 1993-03-18

Such fees and expenses are generally not allowed unless the defendant has acted in bad faith, been stubbornly litigious, or caused unnecessary trouble and expense, in which case the jury may allow them.

Section 13-6-11 permits litigation expenses and attorney fees based on its separate grounds, so a good faith defense to one ground does not defeat the entire claim.

Roswell Properties, Inc. v. Salle · filed 1993-03-19

This is not an accurate statement of the law on the award of litigation expenses and attorney fees under OCGA § 13-6-11, and is misleading because it states that a good faith defense, a defense to only one of the grounds for Salle’s OCGA § 13-6-11 claim, would be a complete defense to the entire claim.

Section 13-6-11 permits recovery of attorney fees and litigation expenses when the claimant has recoverable damages.

Russell Corp. v. Bancboston Financial Co. · filed 1993-06-23

Since no elements of damage alleged in appellants’ counterclaims are recoverable, the trial court correctly granted summary judgment as to their claims for attorney fees and the expenses of litigation under OCGA § 13-6-11.

Section 13-6-11 authorizes attorney fees when litigation expenses are supported by bad faith, stubborn litigiousness, or unnecessary trouble and expense.

Evans v. Willis · filed 1994-02-08

(c) In the same manner, the Willises’ claims under OCGA § 13-6-11 must also fail. Given the posture of the claims against Evans, the evidence does not support an award of attorney fees. The claim arose from the negligent loss of the dress after it had been left in his possession for many years, and there was an issue whether the dress was left for cleaning and storage or merely cleaning. Accordingly, there is no evidence of bad faith in the inception of the loss (see Brannon Enterprises v. Deaton, 159 Ga. App. 685 (285 SE2d 58)), and mere refusal to pay a disputed claim is not sufficient to award attorney fees on grounds of either stubborn litigiousness or causing unnecessary trouble and expense. Typo-Repro Svcs. v. Bishop, 188 Ga. App. 576, 580 (373 SE2d 758).

Section 13-6-11 permits expenses of litigation when an intentional tort supports the bad faith needed for recovery, with bad faith, stubborn litigiousness, and unnecessary expense generally left to the factfinder.

Rossee Oil Co. v. BellSouth Telecommunications, Inc. · filed 1994-02-14

The trial court also erred in granting summary judgment as to the issues of attorney fees and expenses of litigation. “ ‘Questions of bad faith, stubborn litigiousness, and unnecessary expense, under OCGA § 13-6-11, are generally questions for the factfinder.’ ... Additionally, a legitimate award of damages for an intentional tort, such as trespass or intentional conversion, generally will support a claim for expenses under OCGA § 13-6-11 ‘ “under the theory that the intention evokes that ‘bad faith’ necessary for recovery under” ’ the statute.”

Section 13-6-11 allows a defendant to recover attorney’s fees and litigation expenses only when it has a viable independent counterclaim for relief.

Alcovy Properties, Inc. v. MTW Investment Co. · filed 1994-02-16

Because Alcovy has made no showing that it asserted a viable counterclaim for relief independent of its claim of MTW’s stubborn litigiousness and bad faith, expenses of litigation pursuant to OCGA § 13-6-11 are not available to Alcovy.

Section 13-6-11 allows a plaintiff to recover bad faith damages for resorting to litigation, but a defendant needs an independent counterclaim to recover litigation expenses under it.

Aetna Casualty & Surety Co. v. Empire Fire & Marine Insurance · filed 1994-03-01

Although OCGA § 13-6-11 creates a cause of action for bad faith damages to a plaintiff for having to resort to litigation, no such provision is available to a defendant in the absence of viable independent counterclaims asserting a claim for relief independent of the assertion of the plaintiff’s harassment, litigiousness and bad faith in bringing its suit. [Cit.] [Empire], having asserted no other independent claim against [Aetna] other than a claim for litigation costs and attorney fees, is not a true plaintiff in counterclaim so as to claim litigation expenses under OCGA § 13-6-11. [Cit.]” (Punctuation omitted.)

Section 13-6-11 allows litigation expenses as damages when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense without a bona fide controversy.

Webster v. Brown · filed 1994-07-01

As a general matter, determination of whether litigation expenses are to be allowed as a portion of damages is a matter for the jury. OCGA § 13-6-11; ... It is a question of fact whether a defendant has acted in bad faith or has been stubbornly litigious or caused unnecessary litigation and expense where there was no bona fide controversy. ... Likewise, it is “for the jury to determine whether there was a bona fide controversy,” ... unless the facts preclude such a finding as a matter of law. ... Thus, there is no evidence from which a jury could conclude that Brown had caused Webster unnecessary expense or had been stubbornly litigious.

Section 13-6-11 permits a jury to award litigation expenses when the plaintiff pleads and prays for them and the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Atakpa v. Perimeter Ob-Gyn Associates, P.C. · filed 1994-09-30

Regarding plaintiffs claim for costs and attorney’s fees under Ga.Code Ann. § 13-6-11, this Court denies plaintiff’s motion for summary judgment. Plaintiff has not proven as a matter of law that Perimeter acted in bad faith when it determined that the HIV test was necessary for treatment of plaintiff.

Section 13-6-11 permits attorney fees and litigation costs when evidence supports a finding that there was no bona fide controversy.

WMI Urban Services, Inc. v. Erwin · filed 1994-10-28

A jury award of attorney fees and costs under OCGA § 13-6-11 will be affirmed if there is any evidence from which the jury could have concluded that there was no bona fide controversy. ... Accordingly, there is evidence from which the jury could conclude there was no bona fide controversy, and the trial court did not err in denying Tindol/Getz’ motion for directed verdict on this issue.

Section 13-6-11 permits a true plaintiff in counterclaim to recover litigation expenses on an independent counterclaim, but not when the claim is only an assertion of bad faith in bringing the main action.

Hamil v. Stanford · filed 1994-11-07

The Stanfords sought the attorney fees in a counterclaim based on OCGA § 13-6-11, contending that appellant had acted in bad faith when she brought this suit with knowledge that the Stanfords had purchased the property in good faith and had made improvements thereon. Since, as we held in Division 2, the Stanfords were not entitled to recover under an independent counterclaim asserting a claim for relief independent of the assertion of bad faith in bringing the main action, they are not true plaintiffs in counterclaim so as to claim litigation expenses under § 13-6-11.

Section 13-6-11 does not permit an award of attorney fees and litigation expenses against a defendant who is not liable for compensatory damages.

R. T. Patterson Funeral Home, Inc. v. Head · filed 1994-12-01

Inasmuch as defendants Claude E. Hartsock and Patterson-Hartsock, Inc. are not liable to plaintiff for compensatory damages under either theory submitted to the jury, they cannot be held liable for OCGA § 13-6-11 attorney fees and expenses of litigation.

Section 13-6-11 permits an award of attorney fees and litigation expenses when there is evidence of stubborn litigiousness.

Equicor, Inc. v. Stamey · filed 1995-02-06

An award of attorney fees and expenses of litigation must be affirmed if there is any evidence to support it. There being some evidence of stubborn litigiousness, the trial court did not err in awarding expenses of litigation under OCGA § 13-6-11.

Section 13-6-11 makes entitlement to litigation expenses depend on issues such as bad faith, stubborn litigiousness, and unnecessary trouble and expense, which are generally for the jury.

Jim Anderson & Co. v. ParTraining Corp. · filed 1995-02-20

Our holding that genuine issues of material fact remain for jury resolution necessarily also precludes summary judgment in favor of Anderson on the issue of ParTraining’s entitlement to litigation expenses under OCGA § 13-6-11. Moreover, “questions concerning bad faith, stubborn litigiousness, and unnecessary trouble and expense, under OCGA § 13-6-11, are generally questions for the jury to decide. [Cits.]”

Section 13-6-11 requires bad faith or another basis for an award of attorney fees before litigation expenses may be awarded.

Davis v. Davis · filed 1992-09-11

We agree with appellant that the trial court did not find bad faith or any other basis for an award of attorney fees. That being so, the award of expenses of litigation must fall.

Section 13-6-11 permits a jury to award attorney fees as expenses of litigation when the defendant has acted in bad faith.

Ross v. Hagler · filed 1993-06-24

Attorney fees as expenses of litigation, however, are not punitive damages, but are regulated by OCGA § 13-6-11, and the jury may award them if the defendant has acted in bad faith.

The section permits attorney fees for stubborn litigiousness or causing unnecessary trouble and expense, but a mere refusal to pay a disputed claim does not qualify.

Rivergate Corp. v. Atlanta Indoor Advertising Concepts, Inc. · filed 1993-09-24

We reject Atlanta Indoor’s request for attorney fees under OCGA § 13-6-11 as the “mere refusal to pay a disputed claim is not the equivalent of stubborn .litigiousness or causing unnecessary trouble and expense” as contemplated under the statute. (Citations omitted.)

Section 13-6-11 does not authorize attorney fees and expenses of litigation for an insurer’s bad faith refusal to pay insurance proceeds when OCGA § 33-4-6 provides the exclusive remedy.

Howell v. Southern Heritage Insurance · filed 1994-08-29

Howell’s claim for attorney fees and expenses of litigation under OCGA § 13-6-11 is not authorized.

Section 13-6-11 permits recovery of attorney fees and litigation expenses when the opposing party has acted in bad faith.

Clark v. Chick-Fil-A, Inc. · filed 1994-10-04

Clark next asserts that CFA terminated him in bad faith entitling him to attorney fees and litigation expenses pursuant to OCGA § 13-6-11. This claim of error fails as a matter of law as did the first. ¡Clark’s employment with CFA was terminated by his own hand, and ¡there is no bad faith evidence in the record.

Section 13-6-11 permits attorney fees and litigation expenses only when they arise from the present action and their actual and reasonable amount is proved.

Hughes v. Great Southern Midway, Inc. · filed 1995-03-06

However, we find that the trial court erred in awarding attorney fees to Great Southern. First, as Great Southern concedes, the trial court lacked the authority to award attorney fees and costs incurred in connection with the zoning litigation, as those sums did not “arise out of the present action.” ... In addition, the award of fees and costs incurred in connection with the contract litigation must be reversed because Great Southern “failed to prove the actual costs of the attorney and the reasonableness of those costs.”

Section 13-6-11 does not permit recovery of litigation expenses when the plaintiff is not entitled to recover on the underlying claims.

Philips Medical Systems North America Co. v. Diagnostic Equipment Services, Inc. · filed 1994-04-25

Moreover, DES was not entitled to recover on its claims against Philips; hence, it could not recover on its claims under OCGA § 13-6-11.

Section 13-6-11 permits attorney’s fees as special damages flowing from the underlying tort and does not create an independent cause of action.

Mills v. Ellerbee (In Re Ellerbee) · filed 1995-01-06

The elements of O.C.G.A. § 13-6-11 are merely triggers that permit the recovery of attorney’s fees as separate, special damages flowing from the underlying tort. “Section 13-6-11 does not create an independent cause of action. [It] ... merely establishes the circumstances in which a plaintiff may recover the expenses of litigation as an additional element of damages.” ... Because a court may award expenses of litigation under O.C.G.A. § 13-6-11 to a party only if it permits the party to recover other damages, Connell v. Houser, 189 Ga. App. 158, 375 S.E.2d 136 (1988), it is plain that these special damages flow from the underlying tort and not from the conduct described in the O.C.G.A. § 13-6-11.

Section 13-6-11 does not allow attorney fees when a bona fide controversy exists.

Armstrong Transfer & Storage Co., Inc. v. Mann Const., Inc. · filed 1995-05-04

Contrary to their assertions, the trial court was proper in directing a verdict against Armstrong and PLI on the issue of assessed attorney fees and expenses of litigation. As the trial court correctly found, a bona fide controversy existed between the parties which is demonstrated by the jury’s verdict. Under such circumstances, an award of attorney fees based under OCGA § 13-6-11 is precluded as a matter of law.

Section 13-6-11 does not authorize litigation expenses when bad faith is not claimed and a bona fide controversy exists.

Fuel South, Inc. v. Metz · filed 1995-07-07

Since resolution of this genuine factual dispute was key to the parties’ opposing claims, a jury would not be authorized in awarding litigation expenses under OCGA § 13-6-11 based on Bowen’s claim that Fuel South “caused unnecessary trouble and expense.”

Section 13-6-11 permits recovery of litigation expenses when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Signsation, Inc. v. Harper · filed 1995-07-14

The jury may allow recovery of litigation expenses “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. . . .” OCGA § 13-6-11. Proof of only one of these conditions is required for recovery, but the mere refusal to pay a disputed claim will not satisfy this burden. ... However, proof that no “bona fide controversy” exists and the plaintiff was forced to resort to the courts to collect is sufficient to establish that the defendant caused unnecessary trouble and expense. ... The question of whether a bona fide controversy exists is for the jury.

Section 13-6-11 does not allow attorney fees when the plaintiff has already been compensated for those fees.

Page v. HSI Financial Services, Inc. · filed 1995-11-03

Moreover, attorney fees are not awardable under OCGA § 13-6-11 as a matter of law under the circumstances of this case, so it will not be a jury question.

Section 13-6-11 permits recovery of litigation expenses only when some other damages are recoverable.

William Goldberg & Co., Inc. v. Cohen · filed 1995-11-28

It is true, as WGC argues, that expenses of litigation are not recoverable pursuant to OCGA § 13-6-11 unless some other damages are recoverable as well. Connell v. Houser, 189 Ga. App. 158, 160 (5) (375 SE2d 136) (1988). Because our decision in Division 6 (b), infra, reinstates at least one of Jay’s claims, however, summary judgment was properly denied to WGC on Jay’s claim for attorney fees under OCGA § 13-6-11.

Section 13-6-11 permits a jury to award litigation expenses in a breach of contract case when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Toncee, Inc. v. Thomas · filed 1995-12-04

OCGA § 13-6-11 provides, “The expenses of litigation generally shall not be allowed as a part of the damages [for breach of contract]; but . . . where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.”

Section 13-6-11 permits litigation expenses when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Colonial Oil Industries, Inc. v. Underwriters Subscribing to Policy Nos. T031504670 & T031504671 · filed 1995-12-06

In that regard, O.C.G.A. § 13-6-11 requires a showing that “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” Shepherd v. Aaron Rents, Inc., 208 Ga.App. 139, 143, 430 S.E.2d 67 (1993). Underwriters did not act in bad faith, and thus was not stubbornly litigious, nor caused Colonial unnecessary trouble and expense, as these phrases have been interpreted under O.C.G.A. § 13-6-11.

Section 13-6-11 permits litigation expenses when a defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble or expense; an unjustified refusal to pay a claim can support an award.

Carpet Transport, Inc. v. Kenneth Poley Interiors, Inc. · filed 1995-12-19

Under OCGA § 13-6-11 expenses of litigation may be awarded if the plaintiff shows that the defendant acted in bad faith, or was stubbornly litigious, or put the plaintiff to unnecessary trouble or expense. ... There is evidence of the same here.

Section 13-6-11 allows a person wronged by an intentional tort to recover litigation expenses, including attorney fees, based on bad faith.

Hayden v. Sigari · filed 1996-01-24

It is well established as the law of this state that every intentional tort invokes a species of bad faith and entitles a person so wronged to recover the expenses of litigation including attorney fees.

Section 13-6-11 allows a plaintiff to recover attorney fees and litigation expenses when the defendant acted in bad faith or caused unnecessary trouble and expense.

Southern Co. v. Hamburg · filed 1996-03-15

And if there is any evidence to support a jury’s finding of bad faith concerning the transactions and dealings out of which the cause of action arose, the award will not be set aside on appeal as the question of liability under OCGA § 13-6-11 is a matter for the jury.

Section 13-6-11 makes attorney fees and expenses of litigation a question for the jury, with an award upheld when any evidence supports it.

Duffy Street S.R.O., Inc. v. Mobley · filed 1996-06-17

The issue of attorney fees under OCGA § 13-6-11 is a question for the jury and an award will be upheld if there is any evidence to support it. ... This evidence supported the jury’s award of attorney fees and expenses of litigation.

Section 13-6-11 allows an award of litigation expenses, including attorney fees, when the opposing party acted in bad faith in the underlying transaction.

Crawford v. Crump · filed 1996-10-09

The judgment of the trial court is affirmed on condition that, within 20 days of the receipt of the remittitur, plaintiff agrees to write down the judgment for OCGA § 13-6-11 expenses of litigation to $17,457.10, the greatest amount authorized by the evidence. Otherwise, the judgment stands reversed.

Section 13-6-11 permits attorney fees and litigation expenses when bad faith is an issue, even if a bona fide controversy exists.

FIRST UNION NAT. BANK OF GEORGIA v. Cook · filed 1996-10-29

Although the trial court may have correctly concluded that there was a bona fide controversy, the existence of such a controversy will not defeat a claim for attorney fees and expenses of litigation under OCGA § 13-6-11 when bad faith is an issue. ... Accordingly, the trial court erred by granting summary judgment on Cook’s claim under OCGA § 13-6-11.

Section 13-6-11 permits an award of attorney fees and litigation expenses when the opposing party acts in bad faith.

Jennings Enterprises, Inc. v. Carte · filed 1997-01-27

The trial court’s refusal to award OCGA § 13-6-11 attorney fees and expenses of litigation is supported by the evidence and is consequently affirmed.

Section 13-6-11 allows attorney fees and litigation expenses when a party acts in bad faith or is stubbornly litigious.

T.O.H. Associates, Ltd. v. 2B Enterprises, Inc. · filed 1997-02-07

Further, in the absence of such justifiable reliance, we find no evidence of defendants’ bad faith and stubborn litigiousness in the transaction. OCGA § 13-6-11.

Section 13-6-11 permits recovery of litigation expenses when the defendant acted in bad faith arising from the transaction at issue.

Department of Transportation v. Edwards · filed 1997-03-03

Bad faith under this Code section must arise from the transaction upon which the complaint is based. See generally Latham v. Faulk, 265 Ga. 107 (2) (454 SE2d 136) (1995). Evidence of bad faith on the part of DOT was shown by its conduct in paving the property despite Edwards’ claim of ownership and promises by its agents that it would conduct further investigation into the matter; and, over the next several years, refusing Edwards’ demands that the turn lane be removed. Edwards’ claim for expenses of litigation was properly submitted to the jury.

Section 13-6-11 governs claims for attorney fees and expenses of litigation, whose entitlement is generally for the factfinder.

McLane v. Atlanta Market Center Management Co. · filed 1997-03-05

The trial court erred in granting the broker’s and Equitable’s motion for summary judgment with regard to McLane’s OCGA § 13-6-11 claim for attorney fees and expenses of litigation. ... These questions are generally for the factfinder, not the trial court upon summary adjudication.

Section 13-6-11 provides for recovery of litigation expenses, including attorney fees, when the defendant acts in bad faith during or after the transaction.

United Services Automobile Ass'n v. Carroll · filed 1997-04-09

OCGA § 13-6-11 provides for the recovery of the expenses of litigation, including attorney fees, when the defendant has acted in “bad faith,” either during or subsequent to the transaction.

Section 13-6-11 allows a court to consider a fee claimant’s own bad faith, stubborn litigiousness, or unnecessary trouble and expense when denying attorney fees.

Crotty v. Crotty · filed 1995-12-08

Moreover, we find that when a party seeking attorney fees has engaged in bad faith or stubborn litigiousness, or has caused unnecessary trouble and expense, such factor may be considered by the trial court and will, either standing alone or in conjunction with other operable facts, constitute some evidence to support a denial of the request for attorney fees.

Section 13-6-11 requires plaintiffs to prevail on their basic cause of action to obtain litigation expenses.

Ellis v. Gallof · filed 1996-02-08

Although OCGA § 13-6-11, by its terms, is not limited to prevailing parties, “the correct principle is that plaintiffs must prevail on their basic cause of action in order to obtain litigation expenses [under OCGA § 13-6-11]. . . Barnett v. Morrow, 196 Ga. App. 201, 203 (396 SE2d 11) (1990). Accord Cora v. Wagner, 196 Ga. App. 774, 775 (1) (397 SE2d 46) (1990).

Section 13-6-11 attorney fees are ancillary to the underlying claims and become subject to dismissal when those claims are moot.

Golden Plaza, L.L.C. v. Augusta-Richmond County · filed 1997-06-11

The mootness of these counts renders the attorney fee requesl in the remaining count subject to dismissal, because such requesl was ancillary to the other claims.

Section 13-6-11 permits an award of attorney fees and litigation costs when the defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense.

Department of Transportation v. Dalton Paving & Construction, Inc. · filed 1997-06-17

OCGA § 13-6-11 allows such award “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. . . .”

Section 13-6-11 allows a jury to award litigation expenses to a plaintiff when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

MTW Investment Co. v. Alcovy Properties, Inc. · filed 1997-08-22

However, the issue of whether Alcovy was entitled to attorney fees under OCGA § 13-6-11 was never presented to the jury in this case. Alcovy did not request, and the court did not give, a charge on such statute or on the elements of recovery set forth therein. Accordingly, the jury was not authorized to award attorney fees under such statute, and the court erred in submitting the issue of attorney fees to the jury.

Section 13-6-11 does not allow litigation expenses on a counterclaim when no damages are awarded on that claim.

Gardner v. Kinney · filed 1998-02-26

Because litigation expenses (costs and attorney fees) are wholly ancillary, they are not recoverable when no damages are awarded.

Section 13-6-11 permits a plaintiff to recover litigation expenses when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense; the claim fails when the record supports none of those grounds.

Hardin v. City Wide Wrecker Service, Inc. · filed 1998-05-21

OCGA § 13-6-11 provides that a plaintiff may receive her expenses of litigation as damages where “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary ... trouble and expense.” We have reviewed the record and find no support for Hardin’s claim for attorney fees on any of these bases.

Section 13-6-11 requires evidence from which a jury can reasonably calculate litigation expenses, including particularized evidence of the attorneys’ work.

Paul v. Destito · filed 2001-06-22

We agree with the trial court that Destito presented insufficient evidence from which a jury could reasonably calculate his litigation expenses. He offered no billing records or other evidence describing, with any particularity, how the attorneys spent their time.

Section 13-6-11 does not allow litigation expenses without evidence that the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Sams v. Video Display Corp. · filed 2002-05-08

OCGA § 13-6-11 provides: “The expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.” As the trial court found, there is no evidence in this case that VDC or Ordway has acted in such a way subjecting them to OCGA § 13-6-11. As set forth in the analysis above, it is clear that an actual, justiciable controversy existed in this case. The trial court correctly granted summary judgment to VDC and Ordway on this issue.

A pro se litigant who is not an attorney cannot recover attorney fees under § 13-6-11, and a bona fide controversy can preclude recovery of other litigation expenses.

Demido v. Wilson · filed 2003-05-06

As a pro se litigant who was not an attorney, Demido was not entitled to recover attorney fees (JarAllah v. American Culinary Federation, 242 Ga. App. 595, 596 (529 SE2d 919) (2000)), and we find no abuse of discretion in the trial court’s conclusion that there was a bona fide controversy between the parties which precluded the award of other expenses.

Section 13-6-11 permits an award of fees and expenses when some evidence supports it and a reasonable defense or bona fide dispute does not exist as a matter of law.

McLeod v. Ass'n · filed 2003-02-25

Robert McLeod’s testimony that he did not pay the invoice initially because he lacked the funds provides some evidence to support the award of fees and expenses to The Mart. Based on that testimony, we are unwilling to hold, as a matter of law, that a reasonable defense, or a bona fide dispute, existed.

Section 13-6-11 permits attorney’s fees when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense; the plaintiff must show evidence of one of those grounds.

Hooters of Augusta, Inc. v. American Global Insurance · filed 2003-07-23

Georgia law allows a plaintiff to recover attorney’s fees where “the defendant [1] has acted in bad faith, [2] has been stubbornly litigious, or [3] has caused the plaintiff unnecessary trouble and expense....” O.C.G.A. § 13-6-11 (Supp.2002). After a review of the evidence in this case, I conclude that Hooters cannot meet this standard.

Section 13-6-11 permits litigation expenses when a defendant acts in bad faith, is stubbornly litigious, or causes the plaintiff unnecessary trouble and expense.

Commercial & Military Systems Co. v. Sudimat, C.A. · filed 2004-03-12

OCGA § 13-6-11 authorizes an award of litigation expenses where the defendant has acted in bad faith in making the contract, has been stubbornly litigious or has caused the plaintiff unnecessary trouble and expense.

Section 13-6-11 allows a claim for litigation expenses to survive a motion to dismiss when the plaintiff alleges bad faith and stubborn litigiousness; proof is considered later.

Johnson v. Citimortgage, Inc. · filed 2004-12-28

Because Plaintiff alleges that Defendant acted in bad faith and has been stubbornly litigious, Plaintiff states a claim under O.C.G.A. § 13-6-11. Whether Plaintiff can prove facts to support such allegations is not for the Court to consider at this stage of the litigation.

An attorney fee award under § 13-6-11 may stand when evidence supports bad faith, stubborn litigiousness, or unnecessary trouble and expense.

Department of Transportation v. Hardin-Sunbelt, Joint Venture · filed 2004-02-11

As set out above, there was evidence from which the jury could conclude that DOT’s actions regarding the lake restoration item were in bad faith, that DOT was stubbornly litigious, and that DOT caused Hardin unnecessary trouble and expense.

Section 13-6-11 permits attorney fees for a defendant’s bad faith, stubborn litigiousness, or causing unnecessary trouble and expense arising from the underlying transaction.

Trotter v. Summerour · filed 2005-05-12

OCGA § 13-6-11, on the other hand, permits an award of attorney fees where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. It applies to conduct arising from the underlying transaction.

Section 13-6-11 permits litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense when the evidence supports the asserted ground. Bad faith must arise from the conduct underlying the claim.

Free v. Lankford & Associates, Inc. · filed 2007-03-06

Lankford sought an award of litigation expenses including attorney fees under OCGA § 13-6-11 on grounds that Free had acted in bad faith, had been stubbornly litigious, or had caused Lankford unnecessary trouble and expense. The evidence was insufficient, however, to support an award on any of these grounds. Statutory bad faith refers to conduct of the defendant out of which the cause of action arose.

A bona fide dispute over liability bars litigation expenses for stubborn litigiousness or unnecessary trouble, but a bad faith breach of contract may still support an award.

APAC-Southeast, Inc. v. Coastal Caisson Corp. · filed 2007-09-20

Recovery for stubborn litigiousness or unnecessary trouble is authorized only if there is “no bona fide controversy or dispute regarding liability for the underlying cause of action.” ... Thus, to the extent APAC’s litigation expenses claim is based upon these two grounds, Coastal is entitled to summary judgment thereon. ... Therefore, the Court denies Coastal’s motion for summary judgment on APAC’s claim for litigation expenses to the extent that claim is based upon the “bad faith” prong of O.C.G.A. § 13-6-11.

Section 13-6-11 permits an attorney-fee award when evidence supports a finding of bad faith, stubborn litigiousness, or unnecessary trouble and expense.

City of Lilburn v. Astra Group, Inc. · filed 2007-07-12

In this matter, the jury’s award of attorney fees was warranted on the ground that some evidence showed that the City acted in bad faith, was stubbornly litigious, and caused Astra unnecessary trouble and expense.

Section 13-6-11 leaves questions of bad faith, stubborn litigiousness, and unnecessary trouble and expense generally to the jury.

Gold Kist, Inc. v. Base Manufacturing, Inc. · filed 2008-02-21

“Questions concerning bad faith, stubborn litigiousness, and unnecessary trouble and expense are generally questions for the jury to decide.”

Section 13-6-11 does not allow litigation expenses without evidence of bad faith, stubborn litigiousness, or unnecessary trouble and expense.

Hicks v. Khoury · filed 2008-03-10

3. Appellants’ argument that the trial court erred by denying their petition for litigation expenses pursuant to OCGA § 13-6-11 must fail because there is no evidence that appellees have acted in bad faith, been stubbornly litigious, or caused appellants unnecessary trouble and expense.

Section 13-6-11 does not authorize expenses of litigation for appellate proceedings because its awards are based on conduct at the trial court level.

In Re Estate of Zeigler · filed 2008-11-21

We note that neither OCGA § 9-15-14 (b) nor OCGA § 13-6-11 authorizes a trial court to award expenses of litigation for proceedings before the appellate courts, because these statutes base the award of litigation expenses upon conduct that occurred at the trial court level.

Section 13-6-11 allows a claim for litigation expenses to proceed when the underlying substantive claims remain viable.

Fernandez v. WebSingularity, Inc. · filed 2009-07-13

But in light of Divisions 2 and 3, ... the appellees have not demonstrated that they were entitled to judgment as a matter of law on Fernandez’s claims for punitive damages and litigation expenses.

Section 13-6-11 permits litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense arising from the underlying transaction, including violations that continue after suit is filed.

Board of Regents of the University System of Georgia v. Ambati · filed 2009-08-21

OCGA § 13-6-11 permits the recovery of litigation expenses “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” The circumstances which will support such an award must “relate to the conduct arising from the transaction underlying the cause of action being litigated, not conduct during the course of the litigation itself.”

Section 13-6-11 leaves entitlement to litigation expenses to the jury; a trial court cannot award attorney fees under it as a matter of law.

Royal v. Blackwell · filed 2011-07-05

The trial court erred when it determined the trustee and temporary administrator were entitled to expenses of litigation pursuant to OCGA § 13-6-11. “[T]he language of OCGA § 13-6-11 prevents a trial court from ever determining that a claimant is entitled to attorney fees as a matter of law.”

Section 13-6-11 bars a defendant from recovering attorney fees incurred merely for defending a lawsuit, unless the defendant prosecutes an independent claim.

Canton Plaza, Inc. v. Regions Bank, Inc. · filed 2012-03-29

Since success on Regions’s counterclaims would amount to a recovery of damages for merely having been sued by Plaintiffs, OCGA § 13-6-11 precluded Regions from recovering attorney fees.

An attorney fee award under § 13-6-11 may be upheld when evidence supports findings of bad faith, stubborn litigiousness, and unnecessary trouble and expense.

Moses v. Pennebaker · filed 2011-11-16

The court awarded attorney fees pursuant to OCGA § 13-6-11 after finding that Moses had acted in bad faith, was stubbornly litigious, and had caused Pennebaker unnecessary trouble and expense. Because there was evidence to support the court’s finding that an award of attorney fees was warranted, the award is upheld.

Litigation expenses under § 13-6-11 are for the jury when some evidence shows the defendant caused unnecessary trouble and expense.

The Kroger Co. v. Walters · filed 2012-11-29

But the issue of fees under OCGA § 13-6-11 “is a question for the jury and an award will be upheld if any evidence is presented to support the award.” ... As shown above, there was some evidence that Kroger caused Walters unnecessary trouble and expense. Thus, a directed verdict was not warranted.

Section 13-6-11 leaves entitlement to litigation expenses for the jury to decide when the underlying claims remain pending.

Layer v. Clipper Petroleum, Inc. · filed 2012-11-29

Clipper Petroleum also counterclaimed for attorney fees and expenses under OCGA § 13-6-11. Whether Clipper Petroleum is entitled to recover its litigation expenses under this statute is a matter for the jury to decide.

A claim for attorney fees and litigation expenses under § 13-6-11 survives summary judgment when evidence supports recovery based on the defendant’s conduct in carrying out a contract.

Henderson v. Sugarloaf Residential Property Owners Ass'n · filed 2013-03-20

Here, the Association improperly conditioned the combination of the Hendersons’ lots on their execution of an unnecessary affidavit. After the Hendersons sued the Association, although it eventually conceded that it considered the lots combined, the Association has refused to adjust the setback lines unless and until the Hendersons resubmit their plans. Given this evidence, the trial court erred by granting summary judgment to the Association on the Hendersons’ claim for attorney fees and litigation expenses under OCGA § 13-6-11.

Section 13-6-11 does not allow a defendant to recover attorney fees through a counterclaim based solely on having been sued in bad faith.

Kinsala v. Hair · filed 2013-08-20

Since success on the Hairs’ counterclaim would amount to a recovery of damages for merely having been sued by Kinsala, the Hairs were precluded from recovering attorney fees under OCGA § 13-6-11.

Section 13-6-11 permits, but does not require, an award of litigation expenses even when the defendant acted in bad faith.

Georgia Operators Self-Insurers Fund v. PMA Management Corp. · filed 2015-02-19

Fee shifting under this statute is permissive, not mandatory, and therefore can be denied by the factfinder even in cases where some bad faith or other predicate conduct is found.

Section 13-6-11 treats litigation expenses as an ancillary claim that requires the plaintiff to allege its statutory requirements; the expenses are not recoverable merely as breach of contract damages.

Frone v. JP Morgan Chase & Co. · filed 2017-06-05

Litigation expenses are precluded from damages under Georgia law, especially where Frone now concedes the Frones’ other alleged damages are also non-recoverable and they never alleged the statutory requirements for litigation expenses. See Alea London Ltd. v. Am. Home Servs., Inc., 638 F.3d 768, 780 (11th Cir. 2011) (explaining Georgia law generally precludes recovery of litigation ... expenses as damages, as litigation expenses are an ancillary claim that requires the plaintiff to establish statutory requirements under O.C.G.A. § 13-6-11).

A claim for litigation expenses under § 13-6-11 may proceed when facts are disputed over bad faith, stubborn litigiousness, or unnecessary trouble and expense.

JORDAN OUTDOOR ENTERPRISES LTD v. J&M CONCEPTS LLC · filed 2020-05-12

In addition to its claim for litigation expenses under the License Agreement, Realtree seeks litigation expenses under O.C.G.A. § 13-6-11. The Court finds that there is a genuine fact dispute on whether J&M acted in bad faith, has been stubbornly litigious, or has caused Realtree unnecessary trouble and expense. J&M’s summary judgment motion on this claim is denied.

A claim for litigation expenses under § 13-6-11 can proceed at the pleading stage when the plaintiff alleges bad faith, stubborn litigiousness, or unnecessary trouble and expense and has a surviving underlying claim.

Chaitram v. ILG Technologies, LLC · filed 2020-11-24

The Plaintiffs have also alleged that the Defendant has “acted in bad faith, been stubbornly litigious, and caused [the Plaintiffs] unnecessary trouble and expense,” and they are therefore entitled to attorneys’ fees under O.C.G.A. § 13-6-11. (Thomas Compl. ¶¶ 45–46.) Because this Court must accept these factual allegations as true, and the Plaintiffs have one underlying claim at this time, these derivative claims can proceed at this stage.

Section 13-6-11 allows a claim for litigation expenses to proceed at the pleading stage when the alleged grounds for fees are accepted as true and an underlying claim survives.

Ejiowhor v. ILG Technologies, LLC · filed 2020-11-24

The Plaintiffs have also alleged that the Defendant has “acted in bad faith, been stubbornly litigious, and caused [the Plaintiffs] unnecessary trouble and expense,” and they are therefore entitled to attorneys’ fees under O.C.G.A. § 13-6-11. (Thomas Compl. ¶¶ 45–46.) Because this Court must accept these factual allegations as true, and the Plaintiffs have one underlying claim at this time, these derivative claims can proceed at this stage.

A claim for litigation expenses under § 13-6-11 may proceed at the pleading stage when the plaintiff alleges bad faith, stubborn litigiousness, and unnecessary trouble and expense, and an underlying claim survives.

Mooney v. ILG Technologies, LLC · filed 2020-11-24

The Plaintiffs have also alleged that the Defendant has “acted in bad faith, been stubbornly litigious, and caused [the Plaintiffs] unnecessary trouble and expense,” and they are therefore entitled to attorneys’ fees under O.C.G.A. § 13-6-11. (Thomas Compl. ¶¶ 45–46.) Because this Court must accept these factual allegations as true, and the Plaintiffs have one underlying claim at this time, these derivative claims can proceed at this stage.

Section 13-6-11 permits a claim for litigation expenses to proceed when the plaintiff alleges a statutory ground for recovery and has a surviving underlying claim.

Hillard v. ILG Technologies, LLC · filed 2020-11-24

The Plaintiffs have also alleged that the Defendant has “acted in bad faith, been stubbornly litigious, and caused [the Plaintiffs] unnecessary trouble and expense,” and they are therefore entitled to attorneys’ fees under O.C.G.A. § 13-6-11. (Thomas Compl. ¶¶ 45–46.) Because this Court must accept these factual allegations as true, and the Plaintiffs have one underlying claim at this time, these derivative claims can proceed at this stage.

Section 13-6-11 leaves entitlement to litigation expenses to the jury, so a court cannot award them to a claimant on summary judgment.

Johnston v. Green Shipping Company NV · filed 2021-01-15

Here, Plaintiff has asked the Court to grant her attorney’s fees and expenses pursuant to O.C.G.A. § 13-6-11 via summary judgment. (Doc. 19, p. 8.) However, based on clear Georgia Supreme Court case law, the Court is not authorized to do so.

Expenses of litigation awarded under § 13-6-11 are damages subject to apportionment unless apportionment is legally or factually impossible.

Alston & Bird, LLP v. Hatcher Management Holdings, LLC · filed 2021-08-10

Damages awarded under OCGA § 13-6-11 may thus be apportioned as provided in the apportionment statute, unless the nature of such damages is such that apportionment is legally or factually impossible.

Section 13-6-11 allows a jury to award litigation expenses when the plaintiff specially pleads and prays for them and the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

Gilkes v. Philadelphia Express Trust · filed 2021-09-01

Under Georgia law, “[t]he expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them.” O.C.G.A. § 13-6-11. Plaintiff does pray for attorney’s fees in his Complaint, (doc. 1-1, p. 8), so the Court will take them into account.

Section 13-6-11 leaves entitlement to litigation expenses and their amount to the jury, so a court cannot award them to a claimant on summary judgment.

IOU Central, Inc. v. Zavala Family, Inc. · filed 2021-12-06

Plaintiff asks the Court to grant its attorneys’ fees and expenses pursuant to O.C.G.A. § 13-6-11 via summary judgment. But based on clear Georgia Supreme Court case law, the Court is not authorized to do so. The Court thus denies Plaintiff’s motion for summary judgment as to Count VII.

Section 13-6-11 permits litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense; a bona fide dispute defeats the latter two grounds.

Frushtick v. FeroExpress Inc. · filed 2022-03-18

Defendants have introduced evidence suggesting that they did not cause the accident in bad faith and that a bona fide controversy exists about their liability. ... Mrs. Frushtick has not met that burden. ... So she has not established a genuine issue for trial, and summary judgment is appropriate.

Section 13-6-11 permits a jury to award litigation expenses when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense.

FIELDER v. SUPERIOR MASON PRODUCTS LLC · filed 2022-12-20

As to Plaintiffs’ claim for legal fees under § 13-6-11, a jury may award fees if it finds any of the following: “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” O.C.G.A. § 13-6-11. Here, a jury could certainly find that Defendants acted with bad faith or caused Plaintiffs unnecessary trouble and expense.

Section 13-6-11 does not permit litigation expenses for stubborn litigiousness or unnecessary trouble and expense when the parties have a bona fide controversy; merely failing to pay a just debt does not establish bad faith.

Coca-Cola Southwest Beverages LLC v. Marten Transport, Ltd. · filed 2023-08-07

First, Georgia law is clear that there can be no stubborn litigiousness or unnecessary trouble and expense where a bona fide controversy exists between the parties. ... But the mere failure to pay a just debt is insufficient to establish the bad faith prong of O.C.G.A. § 13-6-11.

Section 13-6-11 permits a sufficiently pleaded request for attorneys’ fees and litigation expenses to proceed alongside a substantive claim.

RONALD MCDONALD HOUSE CHARITIES INC v. RONALD MCDONALD HOUSE CHARITIES OF WEST GEORGIA INC · filed 2024-01-26

When evaluating whether a party is entitled to attorneys’ fees under O.C.G.A. § 13-6-11, courts consider “the conduct arising from the transaction underlying the cause of action being litigated.” ... Here, the Court finds that RMHC West Georgia alleged sufficient facts to state a claim for attorneys’ fees. Finding otherwise would be premature at the motion to dismiss stage.

Attorney fees awarded under § 13-6-11 are compensatory damages subject to apportionment of fault.

SOUTHERN OIL REFINERY, LLC v. GLORIA JEAN PRICE · filed 2024-06-20

The 20 percent apportionment of fault applies to all compensatory damages, including the $1,800,000 attorney fee award pursuant to OCGA § 13-6-11.

Section 13-6-11 requires a plaintiff to specially plead and request litigation expenses and allege facts supporting a statutory ground for them.

GUGGENHEIM DEVELOPMENT SERVICES LLC v. JMC FLATROCK PARTNERS LLC · filed 2025-01-22

A plaintiff may recover litigation expenses if a “defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense,” and if “the plaintiff has specially pleaded and has made prayer therefor.” O.C.G.A. § 13-6-11. ... Because the Amended Complaint alleges no factual basis for seeking attorney’s fees from Georgia Power, GRANTS Georgia Power’s Motion to Dismiss [Doc. 27] in part and DISMISSES Count XI.

A claim for litigation expenses against a direct-action insurer under § 13-6-11 fails when the complaint alleges no independent prelitigation misconduct by that insurer.

VANN v. REY LOGISTICS INC · filed 2025-08-29

A careful review of Plaintiff’s Complaint reveals that there are no independent allegations against Prime that point to any prelitigation conduct that would amount to bad faith under § 13-6-11.

Section 13-6-11 allows a claim for litigation expenses to remain at issue when the underlying claims that could support recovery remain unresolved.

KINNAIRD v. MORNINGVIEW HOMEOWNERS ASSOCIATION, INC. · filed 2025-09-10

So, lest there be any doubt, the ruling as to recovery under OCGA § 13-6-11 is likewise reversed.

Section 13-6-11 requires qualifying misconduct in the underlying transaction, but an authorized award may include unrecovered fees incurred during litigation.

GAMMA HOMES, LLC v. ATLANTA REAL ESTATE SPECIALTY GROUP, LLC · filed 2026-06-05

Thus any discovery abuse does not bear on that determination. But this does not speak to the amount of fees eventually recoverable, if authorized under OCGA § 13-6-11. Accordingly, the trial court erred to the extent it excluded evidence of fees incurred, and not already recovered,7 during the litigation, should a proper showing be made under the applicable elements of OCGA § 13-6-11.

Section 13-6-11 permits attorney’s fees and litigation expenses when a defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense; the claim requires supporting evidence.

Box · filed 2025-12-02

Georgia authorizes attorney’s fees and expenses against a defendant that “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and ... expense.” O.C.G.A. § 13-6-11. ... Finding no evidence in the record suggesting that either standard is satisfied, the Court holds that the Defendants are entitled to judgment as a matter of law on Counts V and VI.

Section 13-6-11 permits attorney fees for stubborn litigiousness when the evidence supports the award, regardless of the amount recovered.

Fritts v. Mid-Coast Trading Corp. · filed 1983-03-10

Where there is such evidence of stubborn litigiousness attorney fees are authorized under OCGA § 13-6-11 (Code Ann. § 20-1404), regardless of the amount of the recovery.

Stubborn litigiousness may support recovery of litigation expenses under § 13-6-11, but it does not create an independent claim for damages.

Citibank v. Knowles · filed 1983-10-28

“Stubborn litigiousness” does not in and of itself give rise to a cause of action for damages but is instead a factor which may enable a ... plaintiff in a contract action to recover expenses of litigation.

Section 13-6-11 permits attorney fees for stubborn litigiousness when the opposing party has no reasonable defense in law or fact.

Citizens Bank v. Thornton & Co. · filed 1984-10-30

On these undisputed facts, we find no reasonable defense in law or fact to the conversion claim, and we affirm the award of attorney fees based on stubborn litigiousness.

A bona fide controversy defeats a claim for litigation expenses based on stubborn litigiousness under § 13-6-11.

Johnston v. Lyon · filed 1985-02-25

There being a bona fide controversy, stubborn litigiousness was negated (Dimambro Northend Assoc. v. Williams, 169 Ga. App. 219 (6) (312 SE2d 386) (1983)), and the award of attorney fees was not supported by evidence statutorily required. See OCGA § 13-6-11. Therefore, that award must be stricken from the judgment.

Section 13-6-11 does not allow attorney fees for stubborn litigiousness when the defendant has a reasonable defense.

Bank South, N.A. v. Harrell · filed 1986-11-26

Where, as here, there is as a matter of law a reasonable defense (see Division 1), attorney fees are not recoverable.

Section 13-6-11 permits attorney fees and litigation expenses for bad faith or stubborn litigiousness, with disputed facts on those grounds decided by a jury.

Lamb v. R. L. Mathis Certified Dairy Co. · filed 1987-06-29

However, plaintiff may recover attorney fees and expenses of litigation if the facts show defendant acted in bad faith in denying plaintiff’s additional claims or was stubbornly litigious. Pursuant to Divisions 1, 3 and 4, issues of fact for the jury are presented in regard to certain of the plaintiff’s claims. Whether defendant has acted in bad faith or has been stubbornly litigious in denying those claims is an issue for jury determination. OCGA § 13-6-11. Therefore, the trial court erred in directing a verdict in favor of defendant in regard to plaintiff’s claim for expenses of litigation.

Section 13-6-11 allows recovery of litigation expenses in a contract action when the jury may find no bona fide controversy and that the defendant's stubborn litigiousness caused unnecessary expense; merely refusing to pay a debt is insufficient.

Dependable Equipment & Leasing Co. v. Nursecare of Atlanta, Inc. · filed 1987-09-09

While it is firmly established that the mere refusal to pay a debt will not authorize recovery of the expenses of litigation in an action ex contractu, such a recovery is authorized where, as in the present case, the evidence warrants a finding by the jury that no bona fide controversy exists and that the defendant has been stubbornly litigious and has caused the plaintiff unnecessary expense in defending the claim.

Section 13-6-11 does not permit attorney fees for stubborn litigiousness when there is a bona fide controversy; unnecessary litigation over a small portion of the claim was insufficient to support a fee award.

Trust Co. Bank of Augusta N.A. v. Henderson · filed 1987-12-04

While issues of stubborn litigiousness are normally for the jury, if there is a bona fide controversy, there can be no stubborn litigiousness as a matter of law. ... Even assuming, arguendo, that appellant was unnecessarily litigious with respect to that one issue, we do not find it sufficient to support the award of attorney fees.

A defendant’s denial of liability without a bona fide controversy can support attorney fees for stubborn litigiousness even if it later disputes only the amount of damages.

Southern Railway Co. v. Crowe · filed 1988-03-07

Thus, there was evidence to support the award of attorney fees for appellant’s stubbornly litigious behavior and the unnecessary trouble and expense appellant caused appellee by its denial of any liability for the fire damage to appellee’s property.

When bad faith is not at issue, § 13-6-11 does not authorize attorney fees for stubborn litigiousness if the evidence shows a genuine dispute.

Steele v. Gold Kist, Inc. · filed 1988-03-21

4. In light of our holding in Division 2, it was not error to grant summary judgment to appellee on the claim of stubborn litigiousness. “[I]n a case where bad faith is not at issue, attorney fees are not authorized under OCGA § 13-6-11 ... if the evidence shows that ‘a genuine dispute exists’ .... [Cit.]”

A claim for litigation expenses based on bad faith or stubborn litigiousness fails when the record contains no evidence of either.

Hill v. Century 21 Max Stancil Realty, Inc. · filed 1988-06-21

In addition, the record being devoid of actionable fraud, we find no evidence of defendants’ bad faith and stubborn litigiousness in the transaction. OCGA § 13-6-11. Defendants were due summary judgment on these claims as well.

Section 13-6-11 does not allow attorney fees based solely on stubborn litigiousness when a bona fide controversy exists between the parties.

Milam v. Attaway · filed 1990-05-02

“ ‘When . . . the only asserted basis for a recovery of attorney fees is . . . stubborn litigiousness . . . , there is not “any evidence” to support an award pursuant to [OCGA § 13-6-11] if a bona fide controversy clearly exists between the parties.’ ” ... From our review of the record, genuine disputes on trespass, prescription and existence of a roadway clearly existed between the parties. ... Therefore, the portion of the judgment awarding attorney fees and expenses of litigation is reversed.

Section 13-6-11 permits recovery of damages for stubborn litigiousness when the evidence supports it.

Pirkle v. Hawley · filed 1991-03-06

Enumerations 13 and 14 contend that plaintiff was entitled, as a matter of law, to recover damages from defendant Hawley for abusive litigation under Yost v. Torok, 256 Ga. 92 (344 SE2d 414) (1986), and also for stubborn litigiousness under OCGA § 13-6-11. By agreement of the parties these issues were decided by the trial court, which determined there was inadequate basis for either. The evidence did not demand a contrary finding.

Section 13-6-11 provides a statutory penalty for bad faith in the underlying transaction or for forcing litigation without a bona fide controversy.

Boardman Petroleum, Inc. v. Federated Mutual Insurance · filed 1995-09-29

The statutory penalty available under O.C.G.A. § 13-6-11 has two prongs. "Bad faith" means bad faith in the transaction out of which the cause of action arose. Hirsh v. Goodlett, 196 Ga.App. 127, 128, 395 S.E.2d 626 (1990). "Bad faith" does not mean defendant's conduct in defending the suit. Salsbury Labs, Inc. v. Merieux Labs., Inc., 735 F.Supp. 1555, 1572 (M.D.Ga.1989) (applying O.C.G.A. § 13-6-11), aff'd, 908 F.2d 706 (11th Cir.1990). The "stubbornly litigious" and "caused unnecessary trouble and expense" prong of O.C.G.A. § 13-6-11 requires a showing that with no "bona fide controversy" the defendant forced the plaintiff to resort to litigation, employing a "so sue me" tactic. See Buffalo Cab Co. v. Williams, 126 Ga.App. 522, 191 S.E.2d 317 (1972). Defendants correctly argue that there is a bona fide controversy in the insurance industry about trigger of coverage. This fact establishes that Plaintiff cannot recover the statutory penalty provided in O.C.G.A. § 13-6-11 for conduct that is “stubbornly litigious” or that “caused unnecessary trouble and expense.”

Section 13-6-11 allows a jury to consider litigation expenses when the evidence supports a finding of no bona fide dispute and stubborn litigiousness or unnecessary trouble and expense.

Goodman v. Frolik and Co., Inc. · filed 1998-06-23

Goodman’s position challenging his clear obligations under the agreement is wholly without merit. At a minimum, this raised a jury issue as to whether no bona fide controversy or dispute existed and authorized a recovery for stubborn litigiousness or causing unnecessary trouble and expense.

Section 13-6-11 permits litigation expenses for stubborn litigiousness when a party forces its opponent to litigate without a bona fide controversy.

Witty v. McNeal Agency, Inc. · filed 1999-08-10

Within OCGA § 13-6-11, stubborn litigiousness means forcing the opposite party to litigate when there exists no bona fide controversy.

Section 13-6-11 does not support an award of litigation expenses for bad faith or stubborn litigiousness when the defendant had a reasonable defense.

Krieger v. Walton County Board of Commissioners · filed 1999-11-12

We agree with the trial court that even if OCGA § 13-6-11 applies here, Krieger has not shown the bad faith or stubborn litigiousness on the part of the board that would support an award of fees and costs.

Section 13-6-11 does not authorize attorney fees for stubborn litigiousness when the defendant refuses to pay a genuinely disputed claim.

Scott v. Wells Fargo Home Mortgage, Inc. (In re Scott) · filed 2002-06-06

First, a refusal to pay a disputed claim or debt is not the equivalent of being stubbornly litigious. ... The court also finds that Respondent was not stubbornly litigious as defined under § 13-6-11. Accordingly, the court will deny Debtors request to recover attorney fees from Respondent.

Section 13-6-11 permits attorney’s fees for stubborn litigiousness when evidence shows the defendant contested matters without a good faith controversy.

L. S. Land Co. v. Burns · filed 2002-09-16

This constituted some evidence from which the trial court could conclude that LS was stubbornly litigious regarding matters as to which there was no good faith controversy.

Section 13-6-11 permits attorney fees for stubborn litigiousness when a party insists on protracted litigation despite the absence of a bona fide controversy.

Charter Drywall Atlanta, Inc. v. Discovery Technology, Inc. · filed 2005-02-04

Attorney fees are recoverable under OCGA § 13-6-11 when a party has acted in bad faith, has been stubbornly litigious, or has subjected the other party to unnecessary trouble and expense. ... Evidence of Charter Drywall’s insistence on pursuing protracted litigation even in the absence of such controversy thus supported the trial court’s decision to award attorney fees to Discovery.

Section 13-6-11 permits attorney fees for stubborn litigiousness when evidence supports that finding.

Boone v. Atlanta Independent School System · filed 2005-08-01

An award of attorney fees under OCGA § 13-6-11 will be affirmed if there is any evidence to support it. ... Therefore, as there was some evidence supporting the superior court’s ruling that the School System was stubbornly litigious, we must affirm it.

Section 13-6-11 permits attorney fees when a defendant refuses to return a mistaken payment despite having no rightful claim to it, forcing the plaintiff to sue.

D & H Construction Co. v. City of Woodstock · filed 2007-03-19

Under these circumstances, and applying the “any evidence” standard of review, we cannot say that the trial court erred in awarding attorney fees to the City under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees when the defendant is stubbornly litigious; an award stands if any evidence supports that finding.

Hibbard v. McMillan · filed 2007-04-03

In order to recover attorney fees as expenses of litigation pursuant to OCGA § 13-6-11, the plaintiff must show that the defendant acted in bad faith, was stubbornly litigious, or caused the plaintiff unnecessary trouble and expense. We will affirm an award of attorney fees under OCGA§ 13-6-11 if there is any evidence to support it. ... There was no bona fide controversy, as there was no evidence that Hibbard misunderstood Paragraph 14. Instead, he forced McMillan to resort to litigation to enforce this provision.

Section 13-6-11 does not support attorney fees for stubborn litigiousness merely because an insurer sought a declaratory judgment to resolve uncertain coverage.

Morrill v. Cotton States Mutual Insurance Co. · filed 2008-07-24

Morrill’s counterclaim seeks damages for (i) breach of contract based on Cotton States’s alleged denial of coverage for the estate’s personal property loss, (ii) bad faith based on the denial of coverage and Cotton States’s filing of the declaratory judgment action, and (iii) attorney fees based on Cotton States’s alleged stubborn litigiousness under OCGA § 13-6-11. ... That Cotton States filed a declaratory judgment action is not evidence of bad faith or stubborn litigiousness, especially in light of the facts of this case which included the apparent suicide and suspected arson.

Section 13-6-11 does not allow litigation expenses for stubborn litigiousness when a bona fide controversy exists between the parties; recovery then requires evidence of bad faith.

Cornelius v. Home Comings Financial Network, Inc. · filed 2008-09-16

This dispute is a “bona fide controversy” between the parties, and defending against this claim is not “stubbornly litigious.” Therefore, in order to recover litigation expenses, Cornelius was required to present some evidence of bad faith by the banks.

Section 13-6-11 permits recovery of attorney’s fees and litigation expenses for a successful tortious interference claim when stubbornly litigious pre-suit conduct gave rise to the litigation.

Maid of the Mist Corp. v. Alcatraz Media, LLC · filed 2008-09-19

Similarly, we conclude that the district court properly determined that Maid is entitled to recover attorney’s fees and expenses for its successful tortious interference claim under O.C.G.A. § 13-6-11 based on Alcatraz and Windsor’s stubbornly litigious pre-suit conduct that gave rise to this litigation.

Section 13-6-11 does not support a claim for attorney fees based on stubborn litigiousness when the plaintiff cannot show a genuine factual dispute over the defendant’s underlying liability.

Nash v. Studdard · filed 2008-11-25

Based on our conclusion that Nash has failed to demonstrate a genuine issue of material fact as to whether Studdard earned his entire $5,000 retainer fee, we reverse the trial court’s denial of summary judgment in Studdard’s favor on Nash’s claim for attorney fees under OCGA § 13-6-11.

Section 13-6-11 allows a defendant to oppose an attorney fee claim based on stubborn litigiousness by showing that the plaintiff was stubbornly litigious, but that conduct must involve the matter in litigation.

Corey v. Clear Channel Outdoor, Inc. · filed 2009-07-14

While a defendant may defend against a claim for attorney fees which alleges stubborn litigiousness by showing that it was the plaintiff rather than the defendant who was stubbornly litigious, the bad faith must arise from the underlying transaction at issue and the stubborn litigiousness must involve the matter in litigation. ... The dispute over airport advertising is neither the underlying transaction nor the matter in litigation, and therefore evidence about it is not relevant to the issues at hand.

Section 13-6-11 does not allow attorney fees for stubborn litigiousness when there is a bona fide controversy over the opposing party’s position.

In Re: Estate of Ruth Swann Hubert · filed 2013-11-22

And the court ordered Richard Hubert and Deborah Hubert to pay $60,000 in attorney fees to Judith Manning under OCGA § 13-6-11 for stubborn litigiousness. ... Nevertheless, there is a bona fide controversy on the point. ... “[I]f there is a bona fide controversy there can be no stubborn litigiousness as a matter of law.” ... In light of our conclusions in Division 2, supra, regarding the enforcement of the settlement agreement, the award cannot stand, and we reverse it.

Section 13-6-11 does not permit attorney fees for stubborn litigiousness when there is a bona fide controversy.

In re Estate of Hubert · filed 2013-11-22

Nevertheless, there is a bona fide controversy on the point. Indeed, in Division 2 (b), supra, we reverse the probate court on that point. “[I]f there is a bona fide controversy, there can be no stubborn litigiousness as a matter of law.” ... In light of our conclusions in Division 2, supra, regarding the enforcement of the settlement agreement, the award cannot stand, and we reverse it.

Section 13-6-11 does not allow attorney’s fees for stubborn litigiousness if the defendant did not default; whether its conduct qualifies may require further factual development.

Ralls Corp. v. Huerfano River Wind, LLC · filed 2014-06-27

HRW’s argument against Ralls’s alternative claim for attorney’s fees under O.C.G.A. § 13-6-11 fails for the same reasons. If HRW did not default on its obligations, then it will have been righteously rather than stubbornly litigious, and § 13-6-11 will not apply. And whether HRW’s conduct precludes the application, of this statute will turn on facts outside of the record. HRW’s challenge must therefore wait for summary judgment.

Section 13-6-11 requires facts supporting bad faith, stubborn litigiousness, or unnecessary trouble and expense; a defendant’s failure to defend alone did not support an award of litigation expenses.

Howell v. Brown (In re Pritchett) · filed 2014-07-17

Accordingly, Plaintiff is required to point to facts that support an award of attorney’s fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense. ... The Defendant did not file unnecessary motions or counterclaims and did not frivolously object to actions taken by the Trustee. He simply failed to defend himself. ... Accordingly, the Court denies the Trustee’s request for an award of expenses and costs associated with this litigation.

Section 13-6-11 does not allow litigation expenses based on stubborn litigiousness when a genuine dispute exists between the parties.

Choate Construction Company v. Auto-Owners Insurance Company · filed 2015-11-23

Because, as ... discussed supra, there are genuine disputes between the parties that must be decided by a jury, Choate is not entitled to attorney fees under OCGA § 13-6-11 as a matter of law, and the trial court did not err in granting summary judgment to AOIC on that claim.

Under § 13-6-11, expenses incurred before the defendant received notice of the claim are not recoverable on the ground that the defendant was stubbornly litigious.

BUCKEYE STATE MUTUAL INSURANCE COMPANY v. MIXON · filed 2020-11-04

But pre-notice entries (December 19, 2016 through March 23, 2017 totaling $2,250.00 in attorney’s fees and $7.23 in costs) clearly do not reflect expenses incurred by Buckeye because The Agency was stubbornly litigious.

A plaintiff who prevails on a claim may recover fees under § 13-6-11 if the defendant acted in bad faith or was stubbornly litigious with respect to that claim.

SIS, LLC v. Stoneridge Holdings, Inc · filed 2021-09-30

SIS prevailed at trial on its claim against Stoneridge for breach of the MCA, and so it may recover attorneys’ fees if it can show that Stoneridge acted in bad faith or was stubbornly litigious with respect to the MCA claim. After carefully observing the trial, reviewing the trial record and evidence, and with the benefit of the parties’ briefing, the Court finds that Stoneridge neither acted in bad faith nor was stubbornly litigious with respect to the MCA claim. Accordingly, SIS is not entitled to attorneys’ fees under O.C.G.A. § 13-6-11.

Section 13-6-11 does not support an award of litigation expenses when the opposing party’s conduct before suit shows no bad faith or stubborn litigiousness.

Freeport Title & Guaranty v. SummitBridge National Investments V, LLC · filed 2021-09-30

The Court further observes, however, that based on its ruling in favor of the Petitioner, it appears the Petitioner’s actions do not demonstrate bad faith or stubborn litigiousness prior to the initiation of this litigation as to support an award of fees and further hearing thereon is unnecessary.

Section 13-6-11 does not support an award of litigation expenses without evidence of bad faith in the underlying conduct or stubborn litigiousness; a bona fide dispute precludes stubborn litigiousness.

Hughey v. KTV's Transportation, LLC · filed 2022-03-28

Here, there is no evidence in the record that either Defendant acted in bad faith with respect to the underlying conduct and, given that the undisputed facts reflect a bona fide dispute, there is no evidence to support a finding of stubborn litigiousness.

A bona fide controversy over liability defeats a claim for attorney’s fees under § 13-6-11 based on stubborn litigiousness.

Speaks · filed 2026-02-19

The existence of this bona fide controversy negates the Plaintiff’s claim for attorney’s fees under O.C.G.A. § 13-6-11 based on stubborn litigiousness.

Section 13-6-11 allows attorney fees only to a prevailing party that has obtained damages or other affirmative relief on its underlying claims.

Scarborough v. Hunter · filed 2013-07-11

We have held that this statute authorizes a fee award only to a “prevailing party,” which means a party that has obtained an award of damages or other affirmative relief on its underlying claims. See Benchmark Builders, Inc. v. Schultz, 289 Ga. 329, 330 (711 SE2d 639) (2011). The trial court here awarded the attorney fees in relation to its ruling granting Plaintiffs affirmative relief by setting aside the Board’s abandonment order and issuing a writ of mandamus requiring the Board to repair and maintain the Road. We have reversed those rulings, however, and Plaintiffs therefore are no longer prevailing parties. Accordingly, we vacate the attorney fees award under OCGA § 13-6-11.

A malicious prosecution claim can support attorney fees under § 13-6-11 when it remains a prevailing claim after a damages award is vacated and reconsidered on remand.

Peterson v. Judi Digilio Banker · filed 2013-05-06

In any event, his enumeration of error fails because Banker’s malicious prosecution claim constituted a prevailing claim for purposes of an award of attorney fees pursuant to OCGA § 13-6-11.

Section 13-6-11 permits attorney fees for a defendant’s bad faith, stubborn litigiousness, or unnecessary trouble and expense, but is unavailable to a defendant seeking fees.

Metropolitan Tractor, Inc. v. Samples Grading Co. · filed 1983-06-23

OCGA § 13-6-11 (Code Ann. § 20-1404) provides for the payment of attorney fees for a defendant’s bad faith, stubborn litigiousness, or causing unnecessary trouble and expense. However, this statute is riot available to a defendant.

Section 13-6-11 permits a party prosecuting a viable, independent claim to recover attorney fees when the statutory criteria are met; a counterclaim that is not viable cannot support an award.

Spoon v. Herndon · filed 1983-09-08

“[T]he simple denomination of one party as plaintiff and another as defendant should not dictate a possible award of attorney fees . . . [OCGA § 13-6-11 (Code Ann. § 20-1404)] should, on the contrary, be read to permit any party prosecuting a viable, independent claim to recover attorney fees whenever the enumerated statutory criteria for such an award are met.” ... Consequently, Spoon could assert no viable claim in trover to support his claim for attorney fees.