Ga. Code Ann. § 13-6-11

A defendant may seek litigation expenses under § 13-6-11 for prosecuting an independent counterclaim.

Glenn v. FOURTEEN WEST REALTY, INC. · filed 1984-01-04

In the instant case, Fourteen West was, in effect, a plaintiff in the independent counterclaim for real estate commissions, and, therefore, could assert a claim for attorney fees incurred in prosecuting its independent claim.

Section 13-6-11 generally limits litigation expenses to plaintiffs and does not allow a defendant to recover attorney fees merely because the plaintiff filed suit.

Ravenwood Church of Wicca v. Starbright, Inc. · filed 1983-11-16

The very purpose of OCGA § 13-6-11 (Code Ann. § 20-1404) is to prevent the recovery of attorney fees in situations identical to the instant case where the recovery would amount to a successful counterclaim against the plaintiff merely for filing suit.

Section 13-6-11 allows a defendant in a proper case to seek litigation expenses for a plaintiff’s stubborn litigiousness or bad faith; in a tort action, a jury must award the fees, supported by evidence of their actual and reasonable cost.

Sun v. Langston · filed 1984-03-01

The award of attorney fees to appellee Langston was nevertheless unauthorized and must be stricken. While it has been expressly declared by this court in Ryle v. Sliz, 162 Ga. App. 868 (2) (293 SE2d 451) (1982), that a claim under OCGA § 13-6-11 for expenses of litigation due to the stubborn litigiousness or bad faith of the plaintiff is available to a defendant in a proper case, “[i]n causes of action arising ex delicto, damages including attorney fees can only be awarded by a jury.”

Section 13-6-11 permits a defendant to seek litigation expenses through a counterclaim only when the defendant asserts a viable independent claim.

Barnes v. White County Bank · filed 1984-04-11

Thus, appellee’s claim for attorney’s fees and litigation expenses is viable only if appellee is a true “plaintiff in counterclaim.”

Section 13-6-11 permits a defendant to recover litigation expenses only on a viable counterclaim independent of allegations that the plaintiff brought suit in bad faith or to harass.

Ferguson v. City of Doraville · filed 1988-01-13

However, pre-existing law avails the defendants in the present case very little, because prior to the effective date of OCGA § 9-15-14, the general recoverability of expenses of litigation (including attorney fees) in civil actions was governed by OCGA § 13-6-11, which was not available to a defendant in the absence of a “viable independent counterclaim[ ] asserting [a] claim[ ] for relief independent of the assertion of the [plaintiff’s] harassment, litigiousness and bad faith in bringing . . . suit[ ].” Fla. Rock Indus. v. Smith, 163 Ga. App. 361, 363 (3) (294 SE2d 553) (1982).

Section 13-6-11 allows a defendant to recover attorney fees and expenses when the defendant asserts an independent claim for relief.

Davis v. Knight · filed 1990-05-24

Contrary to the arguments asserted by appellant, attorney fees are recoverable under OCGA § 13-6-11 (see Spivey v. Rogers, 173 Ga. App. 233 (326 SE2d 227) (1984)) and defendants can avail themselves of the section if a defendant asserts a claim for relief independent of a claim for litigation expenses incurred in defending the plaintiff’s case. Ballenger Corp. v. Dresco &c., 156 Ga. App. 425 (274 SE2d 786) (1980). Appellees’ independent claim of assault and battery can support their prayer for attorney fees and expenses.

Section 13-6-11 allows a plaintiff to recover bad faith damages for having to resort to litigation, while a defendant needs a viable independent counterclaim to seek litigation expenses.

Gibson v. Southern General Insurance · filed 1991-05-28

Appellant’s reliance on OCGA § 13-6-11 as authority for allowing a defendant to recover legal expenses and attorney fees for defending an action under the circumstances present in this case is misplaced. 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].” ... Appellant, having asserted no other independent claim against Southern General 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.

Section 13-6-11 does not entitle a defendant to attorney fees.

Nuckols v. Nuckols · filed 1997-04-16

Although Jon Nuckols’ answer did not specify the basis for seeking attorney fees, as a defendant he was not entitled to fees under OCGA § 13-6-11 and his request did not satisfy the requirements of OCGA § 51-7-81.

A party with a viable independent counterclaim may recover expenses of litigation under § 13-6-11.

Russell v. Lawrence · filed 1998-09-14

Inasmuch as Lawrence asserted a viable independent counterclaim, she is not foreclosed from recovering the expenses of litigation under OCGA § 13-6-11.

Section 13-6-11 allows litigation expenses as additional damages in an equitable action against a governmental entity without a separate waiver of sovereign immunity, if the statutory grounds are established.

Waters v. Glynn County · filed 1999-03-16

It is well settled that OCGA § 13-6-11 does not state a cause of action, but “merely establishes the circumstances in which a plaintiff may recover the expenses of litigation as an additional element of his damages.” ... Therefore, no separate statutory waiver of sovereign immunity is required to allow the recovery of such damages against a governmental entity.

Section 13-6-11 allows attorney fees as an additional element of damages against a governmental entity when the statutory grounds are established; the fees are not exemplary damages.

Johns v. Ridley · filed 2001-02-19

While the Johnses’ argument in support of attorney fees may contain an element of bad faith, the fact is they may be entitled to OCGA § 13-6-11 expenses of litigation as an additional element of their damages. Contrary to DFCS’s assertion, it is well established that attorney fees are not exemplary damages.

Section 13-6-11 does not permit a defendant to recover attorney fees, even when asserting a counterclaim.

Parker v. Crider Poultry, Inc. · filed 2001-10-01

Finally, inasmuch as the provisions of OCGA § 13-6-11 are not available to a defendant, even when pressing a counterclaim, ... the superior court did not err in granting Crider summary judgment on the issue of OCGA § 13-6-11 attorney fees.

A defendant may recover attorney fees and litigation costs under § 13-6-11 on a counterclaim only if it has a viable independent counterclaim.

Langley v. National Labor Group, Inc. · filed 2003-08-13

Finally, TLC concedes that a defendant may only assert a counterclaim under OCGA § 13-6-11 if it has a viable independent counterclaim. However, TLC argues that its claim for tortious interference with contract remains viable. Inasmuch as we have held the contrary, Division 1, supra, it follows that the grant of summary judgment as to TLC’s counterclaim for OCGA § 13-6-11 attorney fees and litigation costs was proper.

Section 13-6-11 permits an award of litigation expenses and attorney fees against a governmental entity.

Forsyth County v. Martin · filed 2005-03-07

We decline to adopt the County’s position that a governmental entity cannot be subject to an award of litigation expenses and attorney fees under OCGA § 13-6-11.

Section 13-6-11 generally allows only a plaintiff to recover attorney fees for a defendant’s bad faith, stubborn litigiousness, or conduct causing unnecessary trouble and expense.

In Re Serpentfoot · filed 2007-04-03

OCGA§ 13-6-11 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, but as a general rule, only a plaintiff may recover attorney fees under this Code section.

A defendant cannot recover attorney fees under § 13-6-11 on an unsuccessful counterclaim.

Ellis v. Fuller · filed 2006-11-07

Given our holdings in Divisions 1 and 2, we conclude that the trial court erred in finding as a matter of law that Fuller was entitled to recover the sum due on the lease from him and in awarding Fuller attorney fees pursuant to OCGA § 13-6-11.

Section 13-6-11 does not allow a defendant to recover litigation expenses unless the defendant pursues an independent counterclaim.

Sponsler v. Sponsler · filed 2010-06-28

To the extent that Husband argues that he was entitled to attorney fees pursuant to OCGA § 13-6-11, such argument is without merit, as Husband is neither a plaintiff in a civil action nor a defendant in a civil action who has pursued an independent counterclaim.

Section 13-6-11 does not allow a defendant to recover litigation expenses for defending a suit unless the defendant has a viable independent counterclaim.

Sm Corrigan, LLC v. 6428 Church Street, LLC · filed 2019-10-04

The same fatal flaw undermines Downing’s counterclaim against Shannon and SMC for litigation expenses under OCGA § 13-6-11. Downing is not a party to 6428 Church’s counterclaim for breach of contract or any other substantive counterclaim. He is merely a defendant. Shannon and SMC, therefore, were entitled to summary judgment on his litigation expense counterclaim.

Section 13-6-11 allows a defendant to recover litigation expenses only on a counterclaim for relief independent of allegations about the plaintiff’s conduct in bringing the action.

Hicks v. Gabor · filed 2020-03-13

Additionally, Hicks’s counterclaim also failed under OCGA § 13-6-11, as “[t]hese damages are available to a defendant only where the defendant has brought a counterclaim asserting a claim for relief wholly independent of any assertion as to plaintiff’s bad faith, litigiousness, and/or harassment in bringing the underlying action.”

Section 13-6-11 allows a plaintiff asserting a compulsory counterclaim to seek litigation expenses, including attorney fees.

Travelers Property Casualty Company of America v. Srm Group, Inc. · filed 2020-11-26

In 2019, the Supreme Court of Georgia granted SRM Group, Inc.’s petition for certiorari in order to consider whether this Court had properly reversed a jury’s verdict in favor of SRM Group on its compulsory counterclaim against Travelers Property Casualty Company of America for attorney fees under OCGA § 13-6-11. ... On certiorari, our Supreme Court overruled the precedent on which this Court had relied and reversed Division 2 of our opinion. ... On remand from our Supreme Court, we adopt its decision on this issue as our own.

Section 13-6-11 allows a plaintiff to recover expenses incurred prosecuting a claim, but does not allow recovery of expenses incurred defending a lawsuit.

Woodstone Townhouses, LLC v. Southern Fiber Worx, LLC · filed 2021-02-23

Under the plain language of the statute, only a plaintiff is eligible to recover the expenses incurred in prosecuting his or her claim.

A counterclaimant may seek attorney fees under § 13-6-11 when the fee request accompanies an independent cause of action.

Think Development Systems, Inc. v. Cloudious, LLC · filed 2023-08-02

The trial court erred in finding that Think Development’s attorney fee claim lacked an independent cause of action with which to travel.

A defendant may recover litigation expenses under § 13-6-11 only if the defendant brings a counterclaim for relief independent of allegations that the plaintiff acted in bad faith or was litigious in bringing the action.

Raza v. Swiss Supply Direct, Inc. · filed 2002-06-27

Because of our conclusion, we also find that the trial court’s decision regarding Raza’s claim for attorney fees under OCGA § 13-6-11 was incorrect. See Steele v. Russell, 262 Ga. 651 (2) (424 SE2d 272) (1993) (“[t]hese damages are available to a defendant only where the defendant has brought a counterclaim asserting a claim for relief wholly independent of any assertion as to plaintiff’s bad faith, litigiousness, and/or harassment in bringing the underlying action”).

Section 13-6-11 requires a claim for attorney fees to go to the jury when at least some evidence supports it.

Walter Terrell Henderson, Jr. v. Sugarloaf Residential Property Owners Association, Inc. · filed 2013-03-20

Where there is at least some evidence to support a claim for attorney fees under OCGA § 13-6-11, the trial judge is bound to submit the issue to the jury.

A claim for litigation expenses based on unnecessary trouble and expense goes to the jury if any evidence supports the award.

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.” (Citation and punctuation omitted.) Professional Consulting Svcs. of Ga. v. Ibrahim, 206 Ga. App. 663, 665 (3) (426 SE2d 376) (1992). As shown above, there was some evidence that Kroger caused Walters unnecessary trouble and expense. Thus, a directed verdict was not warranted.

The jury must determine the amount of any litigation expenses awarded under § 13-6-11.

Gaston v. Mullins · filed 1983-10-11

Furthermore, even where a plaintiff is entitled to recover expenses of litigation pursuant to OCGA § 13-6-11 (Code Ann. § 20-1404), the amount of the award is always a matter for jury determination.

Questions of bad faith, stubborn litigiousness, and litigation expense under § 13-6-11 are generally for the jury.

Gorin v. FPA 2, P.C. · filed 1987-09-08

Questions of bad faith, stubborn litigiousness, and expense, OCGA § 13-6-11, are generally questions for the jury. This court cannot say there is no evidence to support the jury’s award.

An attorney-fee award under § 13-6-11 is affirmed if any evidence supports it, unless the defendant had a reasonable defense as a matter of law.

Anderson v. Chatham · filed 1989-03-02

In considering the propriety of an award of attorney fees under OCGA § 13-6-11, the judgment should be affirmed if there is any evidence to support it unless it can be said as a matter of law that there was a reasonable defense.

Awards of attorney fees under § 13-6-11 are reviewed under the any evidence standard.

Griffiths v. Phenix Supply Co. · filed 1989-09-05

With regard to awards of attorney fees under OCGA § 13-6-11, the standard of review is “any evidence.”

The jury decides whether to award attorney fees under § 13-6-11, and the award is upheld if any evidence supports it.

SPRING LAKE PROPERTY OWNERS ASSOCIATION, INC. v. Peacock · filed 1990-04-05

The question of attorney fees under OCGA § 13-6-11 is a question for the jury. ... The standard of review of an award of attorney fees under OCGA § 13-6-11 is whether there is any evidence to support the award.

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

Baxley Veneer & Clete Co. v. Maddox · filed 1990-11-21

“Questions of bad faith, stubborn litigiousness, and expense, OCGA § 13-6-11, are generally questions for the jury.” ... Given the short amount of time which elapsed between appellee’s firing and Corbett’s death, there was some evidence from which the jury could have found that appellants’ actions in terminating his employment contained an element of bad faith. Therefore, we find no error with the denial of appellants’ motion for directed verdict on appellee’s claim for attorney fees.

Section 13-6-11 allows recovery of litigation expenses when bad faith, stubborn litigiousness, or unnecessary trouble and expense is shown, and those issues are generally for the factfinder.

Oglethorpe Power Corp. v. Sheriff · filed 1993-08-23

“Questions of bad faith, stubborn litigiousness, and unnecessary expense, under OCGA § 13-6-11, are generally questions for the factfinder.”

An award of attorney fees under § 13-6-11 requires a jury determination.

Fontaine Condominium Ass'n v. Schnacke · filed 1998-02-05

The trial court erred in its award of attorney fees sought under OCGA § 13-6-11 because such an award under this statute necessitates jury determination.

Section 13-6-11 generally leaves both entitlement to litigation expenses and the recoverable amount to the jury.

American Medical Transport Group, Inc. v. Glo-An, Inc. · filed 1998-11-24

In Division 3 in Case No. A98A2468, we held that OCGA § 13-6-11 mandates that, generally, a jury determines (1) whether the award of expenses of litigation is appropriate under the facts and circumstances of a particular case, and (2) the specific amount of damages that are recoverable.

A claim for litigation expenses must go to the jury when disputed facts preclude summary judgment on the underlying fraud and battery claims.

Lloyd v. Kramer · filed 1998-06-03

Having determined that material issues of disputed fact precluded summary judgment on the fraud and battery issues, we find that a jury must similarly resolve the claims for breach of fiduciary duty, punitive damages, and expenses of litigation.

Section 13-6-11 permits an attorney fee award based on bad faith when the evidence supports the award and the amount incurred.

Scriver v. Lister · filed 1998-11-30

Additionally, the trial court found that evidence of Scriver’s fraud and bad faith warranted an award of attorney fees under OCGA § 13-6-11. Burkoski testified and Ontario’s counsel stated in his place that through almost ten years of protracted litigation and the earlier appeal process, Ontario had incurred $35,000 in attorney fees. We find that the award of attorney fees is supported by the evidence.

When evidence could support a claim for litigation expenses under § 13-6-11, the jury must decide it even if there is also evidence of good faith.

Buckley v. Turner Heritage Homes, Inc. · filed 2001-03-28

While there is some evidence to support Turner Heritage’s argument that it acted in good faith, if there is also evidence that would support a claim under OCGA § 13-6-11, the issue must be resolved by the jury.

Section 13-6-11 requires a claim for litigation expenses to go to the jury when some evidence supports the claim.

Redfearn v. HUNTCLIFF HOMES ASS'N, INC. · filed 2000-03-16

Where there is at least some evidence to support a claim for attorney fees under OCGA § 13-6-11, the trial judge is bound to submit the issue to the jury. ... There is ample evidence from which a jury could find that Redfearn could not have believed in good faith that his construction of the retaining wall had been authorized by the Association. Consequently, the claim for attorney fees should have been submitted to a jury rather than summarily rejected by the court.

A claim for litigation expenses under § 13-6-11 cannot be resolved on summary judgment when factual questions prevent a determination of bad faith, stubborn litigiousness, or unnecessary trouble and expense.

Bryant v. PMC Capital, Inc. · filed 2000-06-01

As questions of fact remain with regard to Bryant’s breach of contract claim and the viability of PMC Capital’s other defenses, we cannot determine whether or not PMC Capital acted in bad faith, has been stubbornly litigious or caused Bryant unnecessary trouble and expense. Accordingly, we reverse the trial court’s grant of summary judgment to PMC Capital on Bryant’s claim to recover attorney fees and expenses of litigation under OCGA § 13-6-11.

A final ruling on fees and litigation expenses under § 13-6-11 may be premature when the damages issue has not yet gone to a jury.

East Beach Properties, Ltd. v. Taylor · filed 2001-07-09

A final ruling on attorney fees and expenses may be premature because the issue of damages has not yet gone to a jury. We find no abuse of discretion by the trial court with respect to its ruling on attorney fees.

A jury must address a claim for litigation expenses under § 13-6-11 when factual disputes require trial of the underlying claim.

Unipay, Inc. v. Lynk Systems, Inc. · filed 2001-10-03

In view of our ruling in Division 1, supra, we also find that a jury must address Lynk’s claim for expenses of litigation pursuant to OCGA § 13-6-11.

A fee award under § 13-6-11 requires proof of the actual costs and their reasonableness; counsel’s affidavit alone does not establish reasonableness.

Kwickie/Flash Foods, Inc. v. Lakeside Petroleum, Inc. · filed 2002-07-16

“An award of attorney fees is unauthorized if appellee failed to prove the actual costs of the attorney and the reasonableness of those costs.” ... Although Lakeside presented sufficient evidence of the actual costs of its attorney, no testimony was offered as to the reasonableness of those fees. Moreover, the affidavit submitted by Lakeside’s counsel does not suffice to establish the reasonableness of its attorney fees.

Section 13-6-11 requires evidence of the reasonable value of legal services to support an attorney fee award; an unsupported contingency fee arrangement is insufficient.

Patton v. Turnage · filed 2003-03-20

Here, however, there was no evidence provided that the 15 percent contingency fee was either a usual or customary fee for such case. ... The trial court erred in denying Patton’s motion for directed verdict on this issue, and we must reverse the award of attorney fees under OCGA § 13-6-11.

When the judge is the trier of fact, the judge may decide attorney fees under § 13-6-11.

Atlanta Public Schools v. Diamond · filed 2003-06-13

APS’s argument that only a jury may decide attorney fees is misplaced, for where the judge is the trier of fact, the judge may decide the issue.

An attorney fee award under § 13-6-11 requires findings identifying the statutory basis and authorizing conduct, as well as evidence that the fees are reasonable.

Parland v. Millennium Construction Services, LLC · filed 2005-11-02

Nonetheless, when awarding attorney fees, a trial court must “make express findings of fact and conclusions of law as to the statutory basis for any such award and the conduct which would authorize it.” ... And the record contains insufficient evidence of the reasonableness of attorney fees incurred by Millennium and Brewington. ... Therefore, we reverse that portion of the order relating to attorney fees and remand the case for reconsideration and the entry of appropriate findings of fact and conclusions of law in accordance with OCGA § 13-6-11.

Section 13-6-11 allows the factfinder to decide a claim for litigation expenses when evidence could show bad faith in the underlying transaction.

SCQuARE International, Ltd. v. BBDO Atlanta, Inc. · filed 2006-09-22

Like its claim for punitive damages, plaintiffs claim for litigation expenses under Section 13-6-11 is most appropriately resolved by the factfinder. ... Accordingly, defendant’s motion for summary judgment on plaintiffs claim for attorney’s fees under O.C.G.A. § 13-6-11 is DENIED.

Whether the conditions for an award of attorney fees and litigation expenses under § 13-6-11 are met is a question for the jury.

City of Atlanta v. Broadnax · filed 2007-04-26

Whether the homeowners met any of the preconditions for an award of attorney fees and litigation expenses set forth in OCGA § 13-6-11 was solely a question for the jury.

A claim for litigation expenses under § 13-6-11 cannot be resolved on summary judgment when material facts remain disputed about liability, the recoverable amount, and the claimant’s alleged bad faith.

LOWDON PTY LTD. v. Westminster Ceramics, LLC · filed 2008-01-25

However, plaintiffs are not entitled to summary judgment on their claim for litigation expenses under O.C.G.A. § 13-6-11, because genuine issues of material fact remain with regard to whether Westminster is liable for litigation expenses under O.C.G.A. § 13-6-11, the amount of such expenses (if any) that is recoverable, and plaintiffs’ own alleged acts of bad faith.

Section 13-6-11 allows a claim for attorney fees and litigation expenses to go to the jury when the evidence creates a factual question about entitlement to them.

The Plantation at Bay Creek Homeowners Association, Inc. v. Glasier · filed 2019-03-21

This evidence creates a question of fact as to whether the Glasiers were entitled to fees under OCGA § 13-6-11.

Section 13-6-11 does not require a jury trial on attorney fees merely because a party demands one.

Buford Dam Ventures, LLC v. Faith Businesses, Inc. · filed 2026-03-04

There is nothing in the language of OCGA § 13-6-11 that requires a trial court to hold a jury trial on the issue of attorney fees under OCGA § 13-6-11 simply because a party has filed a demand for a jury trial, and we cannot add requirements to statutes.

Section 13-6-11 does not permit attorney’s fees against an insurer whose refusal to pay was justified because the policy did not cover the claim.

Jones v. Golden Rule Insurance Co. · filed 2017-08-02

Counts 2 through 4 assert claims for breach of the implied covenant to act in good faith, punitive damages, bad faith under common law and O.C.G.A. § 33-4-6, and attorney’s fees under O.C.G.A. § 13-6-11. Plaintiffs breast cancer constitutes a preexisting condition that is not covered under the Policy, and Defendant’s refusal to pay for Plaintiffs breast cancer treatment was not in bad faith and does not warrant punitive damages or liability for attorney’s fees.

Section 13-6-11 applies to conduct arising from the transaction underlying the lawsuit.

Connolly III v. Smock · filed 2016-09-30

OCGA § 9-15-14 applies to conduct occurring during the litigation, while OCGA § 13-6-11 applies to conduct arising from the underlying transaction.

Section 13-6-11 allows attorney fees for conduct arising from the transaction underlying the lawsuit.

Connolly v. Smock · filed 2016-09-30

OCGA § 9-15-14 applies to conduct occurring during the litigation, while OCGA § 13-6-11 applies to conduct arising from the underlying transaction.

Section 13-6-11 permits a claim for litigation expenses to proceed when a contract claim survives summary judgment and evidence supports a finding that the defendant acted to enrich itself.

Romar Joint Venture v. Maree · filed 2014-10-09

We first note that certain of the Maree Parties’ breach of contract counterclaims have survived summary judgment. And there is some evidence to support their contention that BOA paid its attorney fees out of ROMAR funds to enrich itself. Therefore, the trial court did not err in denying BOA’s motion for summary judgment on the Maree Parties’ counterclaim for attorney fees pursuant to OCGA § 13-6-11 on this basis.

Section 13-6-11 does not authorize attorney fees for bad faith when there is no evidence of bad faith in the underlying transaction.

Modern Woodmen of America v. Crumpton · filed 1997-05-12

We find no basis, however, for the award of attorney fees pursuant to OCGA § 13-6-11 based on a claim that Modern Woodmen acted in bad faith or was stubbornly litigious in relation to the breach of contract claim. There is no evidence that Modern Woodmen acted in bad faith concerning the transaction or dealings out of which the cause of action arose.

Section 13-6-11 permits attorney fees when bad faith in performing a contract is shown by a willful breach motivated by an ulterior purpose.

St. Holmes v. St. Holmes · filed 1983-11-28

Attorney fees are allowed as part of the damages under OCGA § 13-6-11 (Code Ann. § 20-1404) for bad faith, for being stubbornly litigious, or for causing the plaintiff unnecessary trouble and expense. ... This evidence, undisputed by appellant, was sufficient to indicate that appellant had wilfully breached the agreement with express ulterior or sinister motives not prompted by an honest mistake as to his rights or duties under the agreement. ... Since there was some evidence to support appellee’s contention on the issue of bad faith, the trial court did not err in denying appellant’s motion for directed verdict on the issue of attorney fees.

Section 13-6-11 permits litigation expenses for bad faith in the contract or underlying transaction, stubborn litigiousness, or unnecessary trouble and expense, but a refusal to pay a genuinely disputed obligation alone does not qualify.

Davis v. Aetna Casualty & Surety Co. · filed 1984-02-01

The showing of bad faith must relate to the conduct of entering the contract or to the transaction upon which the complaint is based, and the mere refusal to pay a contractual obligation does not amount to stubborn litigiousness or causing unnecessary trouble and expense, where there is a bona fide dispute over the obligation.

Section 13-6-11 permits an attorney-fee award for bad faith when evidence shows the defendant made false promises during contract negotiations.

Sepulvado v. Daniels Lincoln-Mercury, Inc. · filed 1984-03-05

There is evidence to support a finding that during the negotiations for the purchase of the Mercury Cougar, appellants falsely misrepresented to appellee that they would pay the indebtedness owed to GMAC and would deliver a clear title to the Isuzu truck to appellee. Since there is some evidence to support the award of attorney fees, this court must affirm.

Section 13-6-11 allows attorney fees for bad faith only when it arises from the underlying transaction, rather than the defendant’s conduct in defending the case.

Allen v. Brackett · filed 1983-02-11

Under Code Ann. § 20-1404 (OCGA § 13-6-11) in order to recover attorney fees, the statutory bad faith must have arisen out of the transaction on which the cause of action is predicated rather than defendant’s conduct in defending the case.

Section 13-6-11 does not permit attorney fees based on a party’s conduct during the litigation.

Padgett v. Moran · filed 1983-06-30

Allowance of attorney fees pursuant to OCGA § 13-6-11 (Code Ann. § 20-1404) based upon a party’s conduct in the course of litigation is wholly improper.

Section 13-6-11 allows litigation expenses in a contract dispute when the contract was entered into in bad faith or procured by fraud.

Guarantee Trust Life Insurance v. Wood · filed 1984-01-27

With regard to contract disputes, this section means that expenses of litigation are recoverable when it is established that the contract was entered into in bad faith or was procured by fraud.

Section 13-6-11 authorizes attorney fees when evidence permits the jury to find that the defendant made false representations.

Mansell v. Benson Chevrolet Co. · filed 1983-02-16

Inasmuch as there was evidence from which the jury could conclude that appellant had made false representations concerning the existence of the option to purchase, awards of attorney fees to Benson and Pappas were authorized.

Section 13-6-11 authorizes attorney fees when a defendant has been stubbornly litigious or has caused the plaintiff unnecessary trouble and expense.

Ale-8-One of America, Inc. v. Graphicolor Services, Inc. · filed 1983-04-22

Unfortunately for appellant, appellee’s award of attorney fees was based on OCGA § 13-6-11 (Code Ann. § 20-1404), which authorizes an award of attorney fees where a defendant has been stubbornly litigious or has caused the plaintiff unnecessary trouble and expense.

Section 13-6-11 cannot support an attorney fee award in a garnishment judgment limited to the amount claimed plus costs; attorney fees are not costs.

Worsham Bros. v. Federal Deposit Insurance · filed 1983-06-08

Furthermore, we find that the general litigation expenses statute, OCGA § 13-6-11 (formerly Code § 20-1404), cannot be applied in this instance (see in this regard Bankers Fidelity Life Ins. Co. v. Oliver, 106 Ga. App. 305 (3) (126 SE2d 887)) because OCGA § 18-4-92 (Code Ann. § 46-514), supra, provides that “the total amount of such judgment shall in no event exceed the amount claimed due by plaintiff, together with the costs of the garnishment proceeding.” (Emphasis supplied.) Attorney fees are not included in “costs.”

Section 13-6-11 permits litigation expenses, including attorney fees, when the defendant acted in bad faith in the transaction giving rise to the claim.

Ford Motor Co. v. Stubblefield · filed 1984-06-13

The jury may allow expenses of litigation including attorney fees where the defendant has acted in bad faith in the transaction out of which the cause of action arose. ... The evidence in the instant case amply authorized an award of litigation expenses on this basis as Ford was shown to have actual knowledge before the sale of a defect in its product from which it could have reasonably foreseen injury of the specific type sustained here.

Section 13-6-11 permits attorney fees when evidence supports a finding that the defendant acted in bad faith in the dealings giving rise to the claim.

Harrell v. Gomez · filed 1985-02-14

Since there was some evidence to support a finding that appellant acted in bad faith in appropriating appellees’ funds to himself or his business and in fraudulently overcharging appellees under the terms of the contract, the award of attorney fees must be affirmed.

Section 13-6-11 permits an award of attorney fees for bad faith in making a contract when the evidence supports a recovery for fraud.

Seminole Peanut Co. v. Goodson · filed 1985-09-16

Because the evidence was sufficient to support a recovery for fraud, it was also sufficient to support an award of attorney fees pursuant to OCGA § 13-6-11, based on “bad faith in making the contract . . .” See F. N. Roberts Pest Control Co. v. McDonald, 132 Ga. App. 257 (208 SE2d 13) (1974); McMichen v. Martin Burks Chevrolet, 128 Ga. App. 482 (197 SE2d 395) (1973).

Section 13-6-11 permits attorney fees on a contract counterclaim when evidence supports bad faith in the underlying transaction.

FORMICA CORPORATION v. Rouse · filed 1985-10-24

Since there was some evidence to support a finding that appellant acted in bad faith in shipping defective or unsuitable products to appellee, the award of attorney fees must be affirmed.

Driving while intoxicated may constitute bad faith under § 13-6-11 and support an award of attorney’s fees.

Knobeloch v. Mustascio · filed 1986-07-07

In sum, because driving while intoxicated may constitute “wilful” misconduct and, therefore, “bad faith” under O.C.G.A. § 13-6-11, the jury’s award of attorney’s fees was not improper.

Section 13-6-11 does not support litigation expenses for bad faith based on a refusal to perform repairs the defendant had no contractual duty to make.

Fleetwood v. Wieuca North Condominium Ass'n · filed 1987-02-04

2. It necessarily follows from our determination that appellees had no contractual obligation to repair the exterior wall and that their failure to do so did not demonstrate bad faith. See generally OCGA § 13-6-11.

Section 13-6-11 permits litigation expenses for bad faith in performing a contract, including bad faith in its breach.

Vitner v. Funk · filed 1987-03-04

Thus bad faith in a contract’s breach may authorize the expenses of litigation. ... Based on the evidence the jury was authorized to find defendants acted in bad faith and caused plaintiff unnecessary trouble and expense.

Section 13-6-11 permits attorney fees when the defendant acted in bad faith in the underlying transaction or was stubbornly litigious, and the evidence supports the award.

Cade v. Roberts · filed 1985-09-04

Attorney fees may be awarded as expenses of litigation pursuant to OCGA § 13-6-11 where there is evidence that the defendant “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense . . .” ... Based on the evidence presented at trial, we hold that the jury was authorized to award attorney fees either for bad faith in the transaction or for stubborn litigiousness.

Evidence that an employer knowingly asserted a nonexistent reimbursement agreement to withhold wages may support litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense.

Associated Software Consultants Organization, Inc. v. Wysocki · filed 1985-10-30

The jury could believe and apparently did believe that Wysocki never executed an agreement nor agreed to reimburse, that the company was aware of this, and that its refusal to pay Wysocki and demand reimbursement for the recruitment fee was in bad faith. The evidence was also sufficient for a jury to have found that the company was stubbornly litigious and caused the plaintiff unnecessary trouble and expense in collecting what was owed to him.

Section 13-6-11 permits recovery of attorney fees for bad faith.

Pope v. Propst · filed 1986-05-13

Attorney fees may be recovered under OCGA § 13-6-11 for bad faith. ... The charges were authorized by the evidence.

Section 13-6-11 permits attorney fees when a baseless refusal to perform shows bad faith and causes unnecessary trouble and expense.

I. M. C. Motor Express, Inc. v. Cochran · filed 1986-09-05

The jury was authorized to find that appellant’s refusal to tender the title was without foundation, was characterized by bad faith, and had resulted in “unnecessary trouble and expense” to the appellee, within the contemplation of OCGA § 13-6-11.

Section 13-6-11 requires evidence sufficient to support recovery for fraud before a jury may award attorney fees for bad faith in making a contract.

Perry & Co. v. New South Insurance Brokers of Georgia, Inc. · filed 1987-02-23

The evidence must be sufficient to support a recovery for fraud in order for the jury to make an award of attorney fees pursuant to OCGA § 13-6-11 for bad faith in making the contract.

Section 13-6-11 permits litigation expenses for a contract breach tainted by bad faith, with disputed bad faith left for the jury.

ROYAL CROWN COMPANIES v. McMahon · filed 1987-06-19

We agree with plaintiff that issues of fact remain for the jury in regard to his claim for an award of attorney fees and expenses pursuant to OCGA § 13-6-11. If a breach of contract is poisoned by bad faith, expenses of litigation may be allowed.

Section 13-6-11 permits a jury instruction on attorney fees when the evidence supports bad faith.

Sanders v. Hughes · filed 1987-06-22

We find this evidence sufficient to support the trial court’s charge to the jury on the issue of attorney fees under OCGA § 13-6-11, particularly the bad faith section of that statute.

Section 13-6-11 permits attorney fees for bad faith in entering or performing a contract, including dealings that give rise to the claim.

Hayes Construction Co. v. Thompson · filed 1987-10-08

Bad faith authorizing an award of attorney fees in a contract action must relate to the conduct of entering the contract or to the transaction and dealings out of which the cause of action arose, which includes not only the negotiations and formulation of the contract but also performance of the contractual provisions. ... Under these circumstances, the evidence supported a finding of bad faith.

Section 13-6-11 does not support an award of litigation expenses for bad faith based on delayed accounting entries without evidence that the figures were incorrect or altered.

California Federal Savings & Loan Ass'n v. Hudson · filed 1987-12-03

While it is true that the interest charges in question were not entered until several months after they had accrued, there was no evidence to support the plaintiffs’ contentions that the figures recorded were incorrect or that they were “fixed” by the bank after the litigation had begun in order to provide support for their set-off claim. Consequently, we must agree with the defendants that this evidence provides no support for an award of expenses of litigation pursuant to OCGA § 13-6-11.

Section 13-6-11 allows attorney fees for bad faith arising from the underlying transaction before suit; mere failure to pay a claim is insufficient.

Hopkins v. Clanton Motor Co. · filed 1988-02-03

“Bad faith is bad faith arising out of the transaction upon which the complaint is based and refers to a time prior to the institution of action. [Cit.]” ... This was sufficient for the jury to infer bad faith on the part of the debtor. Since an award of attorney fees of $932 is supported by the evidence, we will not disturb it to that extent.

An intentional trespass can support an award of litigation expenses under § 13-6-11 because the intent can establish bad faith.

Tanner v. Gilleland · filed 1988-03-08

The counterclaim of defendant was for trespass, an intentional tort, which tort will support a claim for expenses under the theory that the intention evokes that “bad faith” necessary for recovery under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees for bad faith connected to the transaction giving rise to the claim, but not for conduct in defending or settling the claim afterward.

Computer Communications Specialists, Inc. v. Hall · filed 1988-09-06

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. It is well settled that the “bad faith” contemplated by this Code section is bad faith connected with “the transaction and dealings out of which the cause of action arose,” rather than bad faith in defending or resisting the claim after the cause of action has already arisen.

Section 13-6-11 permits attorney fees for bad faith when a party enters an agreement with no present intention of keeping it.

Gaines v. Crompton & Knowles Corp. · filed 1989-03-10

Evidence that appellant entered into the agreements with no present intention of keeping them was sufficient to authorize the charge and the recovery of attorney fees for bad faith.

Section 13-6-11 does not authorize litigation expenses for constructive bad faith because it is distinct from the statute’s bad faith ground.

Home Insurance Co. v. North River Insurance · filed 1989-07-28

Additionally, as bad faith and constructive bad faith, as conceived by the trial court, are distinctive and the latter is not included among the statutory conditions authorizing an award of expenses of litigation under OCGA § 13-6-11, the award predicated on that theory was error.

A bona fide dispute over liability does not bar an award of attorney fees for bad faith.

Powell v. Watson · filed 1989-01-24

Although there be clearly a bona fide controversy as to liability or amount of liability, not only may a party still be intransigently stubbornly litigious, causing a great deal of unnecessary trouble and expense, but the jury might well, and with perfect logic, find that despite some grounds for bona fide dispute as to liability, the defendant is not only liable, but that in addition he acted in the most atrocious bad faith in his dealing with the plaintiff.

Section 13-6-11 allows attorney fees for bad faith in the underlying transaction, but not for stubborn litigiousness when a bona fide controversy exists.

Mallory v. Daniel Lumber Co. · filed 1989-04-03

The appellant contends that there was no evidence of bad faith or stubborn litigiousness on his part to support an award of attorney fees as expenses of litigation. See generally OCGA § 13-6-11. We agree. “The bad faith referred to in the Code is not bad faith in refusing to pay but bad faith in the transaction out of which the cause of action arises.” ... There is no evidence in this case which would suggest that the dispute which occurred between the parties was due to anything other than a good-faith belief on the part of the appellant that the appellee was asking him to pay more than he was contractually obligated to pay. ... Similarly, there was no basis for an award of attorney fees based on stubborn litigiousness. “Recovery of attorney fees for stubborn litigiousness is not authorized where there is a bona fide controversy.”

Section 13-6-11 permits attorney fees for bad faith in performing a contract without proof of stubborn litigiousness.

Johnson v. Waddell · filed 1989-11-09

This is clearly a claim for bad faith in the performance of the contract, under OCGA § 13-6-11; see Cade v. Roberts, 175 Ga. App. 800 (334 SE2d 379). ... It was not necessary that plaintiff Waddell prove any other elements of § 13-6-11, e.g., stubborn litigiousness, to gain the award (National Svc. Indus. v. Hartford Accident &c. Co., 661 F2d 458 (5th Cir. 1981)).

Section 13-6-11 permits attorney fees for bad faith in the underlying transaction even when damages are disputed or the jury awards less than the plaintiff demanded.

City of Atlanta v. Murphy · filed 1990-02-26

Thus, the fact that the amount of plaintiffs’ damages, if any, was in controversy does not preclude plaintiffs from recovering an award of attorney fees pursuant to OCGA § 13-6-11. Moreover, attorney fees for defendant’s bad faith in the transaction out of which the lawsuit arose may be recovered even where, as here, the amount of damages awarded by the jury is less than that originally demanded in the lawsuit.

Section 13-6-11 permits an award of litigation expenses on a counterclaim when evidence shows bad faith in carrying out the underlying contracts.

Annis v. Tomberlin & Shelnutt Associates, Inc. · filed 1990-03-05

There was evidence of Annis’ bad faith in failing to carry out the provisions of his contracts with defendants so as to support an award under the statute.

Section 13-6-11 permits attorney fees when evidence shows bad faith in the underlying conduct; merely refusing to pay a disputed claim does not suffice.

Trust Co. Bank v. Citizens & Southern Trust Co. · filed 1990-04-25

On the issue of attorney fees, there is evidence creating a fact issue as to whether Trust Co. was acting in bad faith to freeze out Hartrampf from participating in the sale and was not merely refusing to pay a disputed claim. OCGA § 13-6-11.

Section 13-6-11 requires evidence of bad faith or stubborn litigiousness to support a claim for litigation expenses.

Brown v. Winn-Dixie Atlanta, Inc. · filed 1989-11-30

Lastly, there was no evidence to support the allegation of defendant’s bad faith and stubborn litigiousness.

Section 13-6-11 does not justify attorney fees for bad faith or stubborn litigiousness when there is no evidence of ill-will or furtive design and the opposing party presents substantial questions of law.

Davidson Mineral Properties, Inc. v. Baird · filed 1990-04-05

Davidson argues that the trial court erred in finding no evidence of bad faith or stubborn litigiousness so as to justify the award of attorney fees under OCGA § 13-6-11. We find no error.

Section 13-6-11 permits attorney’s fees when the defendant’s bad faith supports the award.

Hirsh v. Goodlett · filed 1990-06-25

There was sufficient evidence of bad faith on the part of appellants to authorize a finding of their liability for attorney’s fees pursuant to OCGA § 13-6-11.

Section 13-6-11 permits an award of litigation expenses when a party acts in bad faith.

Jim Ellis Atlanta, Inc. v. McAlister · filed 1990-12-05

The jury based its award of litigation expenses on an express finding that the appellant had acted in bad faith in connection with the transaction, and the award must be affirmed if there is any evidence to support that finding. See ... generally OCGA § 13-6-11. There was evidence in this case from which the jury could have determined both that the $1,700 repair job performed by the appellant was necessitated by its own prior failure to correct the coolant loss problem and these repairs also failed to correct the problem. Based on this evidence, we hold that the jury was authorized to conclude that the appellant had acted in bad faith in charging the appellant for these repairs.

Section 13-6-11 allows a plaintiff to recover attorney fees for bad faith in the transactions and dealings giving rise to the cause of action.

Walther v. Multicraft Construction Co. · filed 1992-10-14

“A plaintiff may recover for bad faith concerning the transactions and dealings out of which the cause of action arose. OCGA § 13-6-11; [cits.]. A bona fide controversy within the contemplation of the code section pertains solely to the issue of stubborn litigiousness or causing the plaintiff unnecessary trouble and expense. Despite the existence of a bona fide controversy as to liability, a jury may find that defendant ‘acted in the most atrocious bad faith in his dealing with the plaintiff.’ [Cits.]” ... We conclude that there was some evidence from which the jury could find that appellant acted in bad faith in his refusal to pay the contracted amounts.

Section 13-6-11 permits an attorney fee award for bad faith when evidence supports the jury’s finding.

LeBrook, Inc. v. Jefferson · filed 1993-10-26

The question of attorney fees under this section is one for the jury, and will be upheld on appeal if there is any evidence to support it. ... Considering the totality of the circumstances in the case sub judice, particularly Bruker’s single attempt to repair the defect after the expiration of the warranty, we conclude that there is evidence to support the jury’s finding that LeBrook, through its agent, Bruker, acted in bad faith.

Section 13-6-11 permits litigation expenses when a defendant’s failure to comply with safety regulations shows bad faith in the transaction, even if the defendant has a bona fide ground to contest liability.

Windermere, Ltd. v. Bettes · filed 1993-12-01

Evidence that appellants failed to comply with mandatory safety regulations promulgated for the benefit of appellees is some evidence that appellants acted in bad faith in the transaction, within the meaning of OCGA § 13-6-11. Where, as here, evidence of bad faith in the transaction is presented, the existence of a bona fide ground for contesting liability is not dispositive of the claim for OCGA § 13-6-11 damages.

Section 13-6-11 permits a jury to award litigation expenses in an ex contractu action when the defendant acted in bad faith in the transaction and dealings giving rise to the claim.

Kemira, Inc. v. Williams Investigative & Security Services, Inc. · filed 1994-10-18

“The expenses of litigation generally shall not be allowed as a part of the damages; 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.” OCGA § 13-6-11. “[T]he elements of bad faith which will authorize expenses of litigation in an ex contractu action are those acts relative to the conduct of entering into a contract or to the transaction and dealings out of which the cause of action arose ([cits.]), but do not have reference to the motive with which the defendant defends an action after a cause of action has occurred. [Cit.]” Edwards-Warren Tire Co. v. Coble, 102 Ga. App. 106, 111 (2), 113 (115 SE2d 852). In the case sub judice, Ms. Royal’s testimony is proof that Mr. Clonts had no intention of retaining Williams Investigative for future security services only days before he wrote a “TO WHOM IT MAY CONCERN” letter proclaiming defendant’s expectation “that, with their level of expertise, we will again call on [plaintiffs] to assist us with the Remira Kemi project.” This is some evidence that defendant acted in bad faith in the transaction and dealings out of which the cause of action arose and authorized the jury’s award of OCGA § 13-6-11 attorney fees, despite any bona fide dispute as to liability or damages. Ballenger Corp. v. Dresco Mech. Contractors, 156 Ga. App. 425, 433 (3) (274 SE2d 786). The trial court did not err in denying defendant’s motion for directed verdict as to this claim.

Section 13-6-11 allows attorney fees when a contract breach was committed in bad faith arising from the underlying transaction.

Citizens & Southern Trust Co. v. Hicks · filed 1995-02-17

C & S and Hubert can be held liable for attorney fees if they committed the breach in bad faith. In that case, the bad faith would arise out of the transaction supporting Hicks’ cause of action, the contract breach, rather than merely out of the co-executors’ defense of the action.

Section 13-6-11 permits attorney fees when a bona fide controversy exists only if the party to be charged acted in bad faith in the underlying transaction.

Latham v. Faulk · filed 1995-03-06

Where a bona fide controversy exists, attorney fees may be awarded under OCGA § 13-6-11 only where the party sought to be charged has acted in bad faith in the underlying transaction. ... In the absence of bad faith, the award for attorney fees cannot stand.

Section 13-6-11 authorizes expenses of litigation when a defendant acts in bad faith arising from the transaction underlying the claim.

Taliafaro, Inc. v. Rose · filed 1996-01-31

“OCGA § 13-6-11 provides for expenses of litigation where the defendant has acted in bad faith . . . The statutory bad faith must have arisen out of the transaction on which the cause of action is predicated rather than defendant’s conduct in defending the case. Bad faith . . . other than mere refusal to pay a just debt may authorize the jury to award attorney fees, provided it is not prompted by an honest mistake as to one’s rights or duties but by some interested or sinister motive.”

Section 13-6-11 permits attorney fees when the party charged acted in bad faith, even if a bona fide controversy exists.

City of Warner Robins v. Holt · filed 1996-02-26

Even when a bona fide controversy exists, a party may be liable for attorney fees under OCGA § 13-6-11 where the party sought to be charged has acted in bad faith. ... Where there is at least some evidence to support a claim for attorney fees under OCGA § 13-6-11, the trial judge is bound to submit the issue to the jury to decide. ... The standard of review of an award of attorney fees under OCGA § 13-6-11 is whether there is any evidence to support the award. ... Because there was at least some evidence in this case to support a jury’s finding that the city acted in bad faith, the award of attorney fees must be upheld.

Section 13-6-11 allows attorney fees when an intentional tort shows bad faith concerning the transactions and dealings giving rise to the claim.

Stargate Software International, Inc. v. Rumph · filed 1997-02-26

The court denied summary judgment as to Stargate’s claims of conversion, computer theft, and computer trespass. As these intentional torts remained for the jury’s consideration, the claim for attorney fees rooted in bad faith concerning those actions should have also been left for the jury. It was premature, and thus error, to grant summary judgment on this issue altogether.

Section 13-6-11 permits attorney fees for bad faith arising from the transaction, including carrying out the contract, when the conduct reflects an interested or sinister motive rather than an honest mistake.

Young v. AL Anthony Grading Co., Inc. · filed 1997-03-18

Before 1984, OCGA § 13-6-11 authorized the recovery of attorney fees where the defendant had acted in bad faith “in making the contract.” A 1984 amendment deleted the limiting phrase, thereby broadening the circumstances of bad faith for which attorney fees are recoverable. “Bad faith warranting an award of attorney fees ‘must have arisen out of the transaction on which the cause of action is predicated.’ [Cit.]”

Section 13-6-11 allows a jury to award litigation expenses when the defendant acted in bad faith concerning the transaction underlying the plaintiff’s claim.

Sass v. First Nat. Bank of Cherokee · filed 1997-07-24

Under these facts, the jury could have disbelieved Sass’ testimony and found that his refusal to pay the note was not in good faith. The jury could have found that Sass’ bad faith arose out of the transaction which supported the bank’s complaint, i.e., Sass’ breach of his agreement to pay the note.

Section 13-6-11 permits attorney’s fees when the opposing party acts in bad faith.

Geriner v. Branigar Organization, Inc. · filed 1997-09-15

Accordingly, unless Branigar acted in bad faith, there can be no liability for OCGA § 13-6-11 attorney’s fees. ... Consequently, the trial court correctly granted summary judgment on Geriner’s claim for attorney’s fees under OCGA § 13-6-11.

Section 13-6-11 authorizes litigation expenses when bad faith in a contract breach supports the award.

Ross C. Shaw, Jr., Inc. v. Reynolds · filed 1996-05-29

The evidence was sufficient to support a finding of bad faith in the company’s breach of the contract, which would authorize an award of litigation expenses. OCGA § 13-6-11; see Kemira, Inc. v. Williams Investigative &c., 215 Ga. App. 194, 199-200 (3) (450 SE2d 427) (1994).

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

King Industrial Realty, Inc. v. Rich · filed 1997-02-14

A recovery for stubborn litigiousness or causing unnecessary trouble and expense is authorized if no bona fide controversy or dispute existed as to the defendant’s liability. Whether such a controversy existed is a question for the jury.

Section 13-6-11 permits an award of all attorney fees and litigation expenses when a defendant’s bad faith refusal to address a claim forces litigation.

Insurance Co. of North America v. Allgood Electric Co. · filed 1997-12-05

Just as in Buffalo Cab Co. v. Williams, 126 Ga. App. 522 (191 SE2d 317) (1972), and Western &c. R. Co. v. Smith, 15 Ga. App. 289 (82 SE 906) (1914), the surety’s “so sue me” gamble authorized an OCGA § 13-6-11 award for all of Allgood’s attorney fees and expenses of litigation.

In a contract action, a mere breach does not support attorney fees under § 13-6-11 without evidence of bad faith in making or performing the contract.

Pulte Home Corp. v. Woodland Nursery & Landscapes, Inc. · filed 1998-02-04

“A recovery of OCGA § 13-6-11 attorney’s fees in a contract action must be based upon evidence which shows more than a mere breach of contract.” ... Therefore, the trial court erred in denying Pulte’s motion for directed verdict as to its non-liability for OCGA § 13-6-11 attorney fees.

A jury authorized to find intentional fraud may also find bad faith and award attorney fees as expenses of litigation.

Plane v. Uniforce MIS Services of Georgia, Inc. · filed 1998-06-03

As the jury was authorized to find fraud, it was also authorized to find bad faith, and the trial court therefore erred in granting judgment n.o.v. with respect to the claim for attorney fees.

Section 13-6-11 permits litigation expenses when a contract was procured or transacted in bad faith or induced by fraud and deceit.

Evans Toyota, Inc. v. Cronic · filed 1998-06-26

OCGA § 13-6-11 applies when a “contract was procured or transacted in bad faith or was induced by fraud and deceit. [Cit.]” ... That is exactly the situation in this case. We find no error.

Section 13-6-11 authorizes attorney fees for bad faith in the underlying transaction even when a bona fide controversy exists between the parties.

Kopp v. FIRST BANK OF GEORGIA · filed 1998-11-17

“If, as here, there is bad faith in the [transaction], [OCGA § 13-6-11] attorney fees are authorized regardless of whether a bona fide controversy otherwise existed between the parties.

Section 13-6-11 permits litigation expenses under its bad-faith prong when the plaintiff recovers damages for intentional conversion.

Bibb Distributing Co. v. Stewart · filed 1999-05-26

The award of damages for intentional tort of conversion supported the Stewarts’ claim for expenses under the “bad faith” prong of OCGA § 13-6-11.

Section 13-6-11 does not authorize attorney fees based solely on a failure to pay a just debt.

M & H Construction Co. v. North Fulton Development Corp. · filed 1999-06-10

Mere failure to pay a just debt is insufficient to support an award of attorney fees under OCGA § 13-6-11.

Section 13-6-11 does not authorize attorney fees for bad faith when there is no evidence that developers knowingly designed a harmful drainage system or disregarded documented complaints.

Tyler v. Lincoln · filed 1999-06-11

3. Neither did the court err in granting summary judgment to the developers as to plaintiffs’ claims for punitive damages under OCGA § 51-12-5.1 (b) and attorney fees under OCGA § 13-6-11. ... the developers are not chargeable with either bad faith or a conscious indifference to consequences in designing or failing to maintain or repair the subdivision’s drainage system.

Section 13-6-11 permits attorney fees when fraud and bad faith in procuring and transacting a contract are supported by the evidence.

Kent v. White · filed 1999-06-30

Because the evidence supported a fraud action and supported a finding that Kent procured and transacted the contract in bad faith, attorney fees were recoverable under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees on a counterclaim when evidence shows the opposing party acted in bad faith.

International Indemnity Co. v. Regional Employer Service, Inc. · filed 1999-07-08

Nor did the trial court err in denying plaintiff’s motion for directed verdict with respect to attorney fees under OCGA § 13-6-11. There was ample evidence that plaintiff acted in bad faith by failing to verify the data which formed the basis of the premium charged defendant and failing to respond in any constructive fashion when defendant sought correction of erroneous premiums.

Section 13-6-11 permits attorney fees when evidence supports a finding that the defendant acted in bad faith by knowingly refusing to address harm to the plaintiff.

CSX Transportation, Inc. v. West · filed 1999-09-29

Therefore, the jury was authorized to find that CSX acted in bad faith by consciously refusing to take any action to alleviate the damage being caused to West’s property, and the trial court did not err by denying CSX’s motion for j.n.o.v. for this reason.

Section 13-6-11 permits litigation expenses under its bad faith prong when an award of damages for intentional conversion supports the claim.

Infinity Insurance v. Martin · filed 1999-11-01

The award of damages for the intentional tort of conversion alone is sufficient to support Martin’s claim for expenses under the “bad faith” prong of OCGA § 13-6-11.

Section 13-6-11 permits attorney fees when a defendant acts in bad faith while carrying out a contract.

Plaza Properties, Ltd. v. Prime Business Investments, Inc. · filed 1999-11-02

Under OCGA § 13-6-11, attorney fees may be awarded where there is bad faith “in defendant’s carrying out the provisions of the contract.” ... In our opinion, the evidence was sufficient for the trial court to find that Weeks demonstrated bad faith in the performance of his contract with Prime.

A claim for attorney fees and litigation expenses under § 13-6-11 must go to the jury when some evidence supports bad faith, even if other evidence supports good faith.

Young v. Turner Heritage Homes, Inc. · filed 1999-11-22

Even though some evidence may support Turner Heritage’s contention, if some evidence also supports a claim under OCGA § 13-6-11, the issue must be submitted to the jury. ... Because we find evidence from which, if believed, a jury could infer that Turner Heritage executed the contract in bad faith, i.e., promising to correct certain defects identified by Young and then refusing to do so after the closing, failing to comply with minimum building codes, and laying the slab on uncompacted topsoil, we must reverse the trial court on this issue.

Section 13-6-11 permits an award of litigation expenses when evidence supports a finding that the defendant acted in bad faith in performing a contract.

Parks v. Breedlove · filed 1999-11-23

Because there was evidence sufficient to authorize these inferences, the jury was justified in awarding litigation expenses based on bad faith.

Section 13-6-11 permits a claim for bad-faith attorney fees to go to the jury when evidence suggests bad faith in the underlying transaction.

DPLM, Ltd. v. J. H. Harvey Co. · filed 1999-12-02

DPLM also asserts error in the trial court’s grant of summary judgment to Harvey’s on its claim for bad faith attorney fees under OCGA § 13-6-11. ... We find that this evidence is sufficient to raise a jury issue on DPLM’s claim of bad faith.

Section 13-6-11 permits attorney fees for bad faith in performing a contract even if a related fraud claim fails.

Hendon v. SUPERIOR ROOFING CO. OF GEORGIA · filed 2000-01-20

Moreover, attorney fees can be awarded on a claim for bad faith in the performance of a contract despite the failure of plaintiff’s fraud count arising out of the transaction.

Section 13-6-11 permits litigation expenses for bad faith only when the bad faith occurred before the lawsuit began.

Glynn-Brunswick Memorial Hospital Authority v. Gibbons · filed 2000-03-08

Bad faith under this section relates to actions prior to the institution of the lawsuit.

Section 13-6-11 permits attorney fees despite a genuine dispute when there is evidence that the defendant acted in bad faith.

Artzner v. a & a EXTERMINATORS, INC. · filed 2000-03-14

Attorney fees are not authorized under OCGA § 13-6-11 if the evidence shows that a genuine dispute exists, except in a case where bad faith is shown. ... In this case, we are persuaded that the Artzners presented some evidence of bad faith to raise a jury issue on such conduct.

Section 13-6-11 permits attorney fees and litigation expenses for bad faith in the transaction giving rise to the lawsuit.

Glisson v. Freeman · filed 2000-03-24

The “bad faith” contemplated by the statute refers to bad faith in the transaction giving rise to the lawsuit.

Section 13-6-11 allows a jury to award litigation expenses when the evidence supports a finding of bad faith.

Baumann v. Snider · filed 2000-03-24

This is evidence upon which a jury could base a finding of bad faith. Accordingly, the trial court’s grant of judgment n.o.v. respecting the jury verdict for litigation expenses must be reversed.

Section 13-6-11 permits attorney fees when a defendant breaches a contract in bad faith rather than through an honest mistake about contractual duties.

Plemons v. Weaver · filed 2000-04-12

As such, the evidence supports a finding that Plemons’ refusal to pay Weaver in full according to their oral agreement was not based on any honest mistake regarding the duties imposed by the contract but rather constituted a breach of that contract in bad faith. Thus, the award of attorney fees is affirmed.

Evidence that a bank disregarded a power of attorney and account instructions can support attorney fees for bad faith under § 13-6-11.

Wachovia Bank of Georgia, N.A. v. Reynolds · filed 2000-04-12

Neither did the superior court err in denying Wachovia’s motions for directed verdict as to attorney fees under OCGA § 13-6-11 for bad faith. Contrary to expert testimony as to reasonable banking practices, Wachovia opened Bailey’s CD account in his name alone not annotating its records to reflect that the account was established pursuant to a power of attorney or otherwise noting special circumstances.

Bad faith in performing a contract can support attorney fees under § 13-6-11 even when the parties have a bona fide dispute.

Ryland Group v. Daley · filed 2000-07-21

If there is bad faith in the making or performance under the contract, “attorney fees are authorized regardless of whether a bona fide controversy otherwise existed between the parties. [Cit.]”

Section 13-6-11 does not allow attorney fees based on bad faith in defending or resisting a claim after the cause of action arises.

Runion v. Hofer · filed 2000-08-15

The Runions correctly argue that “bad faith” within the meaning of OCGA § 13-6-11 does not encompass bad faith in defending or resisting a claim after the cause of action has already arisen.

Evidence of bad faith and wilful misconduct in converting partnership money supports an award of attorney fees under § 13-6-11.

Felker v. Chipley · filed 2000-10-06

Here, the Chipleys presented evidence of Felker’s bad faith and wilful misconduct in converting the partnership money to his own use, which supports the awards of attorney fees ... and punitive damages.

Section 13-6-11 permits a claim for litigation expenses to proceed when the evidence would allow a reasonable jury to find that the defendant acted in bad faith.

Szomjassy v. Ohm Corp. · filed 2001-03-08

Having reviewed the parties briefs, the court finds that the plaintiff has shown sufficient record evidence that would permit a reasonable jury to find that the defendant acted in bad faith under Section 13-6-11. Accordingly, summary judgment is inappropriate.

Under § 13-6-11, bad faith supporting a fraud claim can also support attorney fees in a breach of contract action.

Kent v. WHITE, CONSULTING ENGINEERS, PC · filed 2001-05-24

Under OCGA § 13-6-11, the same bad faith to establish fraud also establishes bad faith in a breach of contract action.

Section 13-6-11 permits a jury to award litigation expenses for bad faith in the underlying transaction, even when a bona fide controversy precludes recovery on the other grounds.

Kraft v. Dalton · filed 2001-05-29

Even assuming, arguendo, that there was a bona fide controversy to preclude recovery for stubborn litigiousness or causing unnecessary trouble and expense, the jury was authorized to award Kraft the expenses of litigation based on Dalton’s bad faith.

Section 13-6-11 permits an award of litigation expenses against a county when evidence supports a finding that it purposely breached a contract in bad faith.

UNIFIED GOVERNMENT v. North · filed 2001-07-05

Expenses of litigation are recoverable “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. Counties are not protected from expense of litigation claims. ... Evidence would support a finding that the Unified Government chose to delay construction of the access road so that the staff could attend to “day-to-day” matters, which they deemed to be more pressing, all without telling North, and so it purposefully breached the contract with North. The trial court did not err in denying the Unified Government’s motion for j.n.o.v. with regard to the award of attorney fees.

Section 13-6-11 permits litigation expenses for bad faith when a party denies a written agreement and refuses to pay the balance after performing under that agreement.

Wingate Land & Development, LLC v. Robert C. Walker, Inc. · filed 2001-10-31

Wingate’s complaints arising in March 1995, its denial of a written agreement, and its refusal to pay Walker the balance due under the written agreement are all “contrary to the position it had maintained for [approximately one year]. Under these circumstances, the evidence supported a finding of bad faith.”

Section 13-6-11 permits attorney fees when evidence shows that a defendant repudiated a contract in bad faith to defeat its terms.

Bryan v. Brown Childs Realty Co., Inc. · filed 2001-11-16

Under these circumstances, some evidence was presented that Bryan repudiated the agreement not in good faith but in an attempt to defeat the terms of a contract that he himself had drafted because they proved disadvantageous to him. The trial court did not err in denying Bryan’s motion for a directed verdict on the issue of attorney fees.

Section 13-6-11 permits litigation expenses for bad faith, but negligence alone does not establish the improper motive required for an award.

Rapid Group, Inc. v. Yellow Cab of Columbus, Inc. · filed 2001-11-29

But bad faith cannot be prompted by an honest mistake as to one’s rights or duties but must result from some interested or sinister motive.

Section 13-6-11 does not permit an award of litigation expenses against a defendant when the alleged bad faith is attributed only to another party.

Bush v. Northside Trucking, Inc. · filed 2001-12-03

By its complaint, North-side alleges bad faith in the instant litigation by ESFD alone. It follows that the award of OCGA § 13-6-11 attorney fees against the Bushes for bad faith litigation was here impermissible.

Section 13-6-11 allows attorney fees for bad faith in a breach of contract when the same bad faith also establishes fraud.

Kent v. AO WHITE · filed 2002-01-29

Under OCGA § 13-6-11, the same bad faith to establish fraud also establishes bad faith in a breach of contract action.

Bad faith under § 13-6-11 concerns the transaction giving rise to the claim, not how the defendant conducts the defense.

Holbrook v. Stansell · filed 2002-03-06

However, bad faith under OCGA § 13-6-11 relates to the transaction giving rise to the cause of action, not the manner in which the case is defended.

Section 13-6-11 allows attorney fees when a defendant acts in bad faith in the transaction underlying the claim, including by failing to correct ongoing damage to the plaintiff’s property.

FOXCHASE, LLLP v. Cliatt · filed 2002-03-13

The trial court therefore did not err in sustaining the award of attorney fees to Cliatt.

Section 13-6-11 permits an award of litigation expenses when evidence of intentional trespass supports a finding of bad faith.

Lincoln v. Tyler · filed 2002-11-15

Thus, there was evidence to support a finding of bad faith, warranting an award of attorney fees.

Section 13-6-11 permits attorney fees if the defendant acts in bad faith, is stubbornly litigious, or causes the plaintiff unnecessary trouble and expense; any one ground suffices.

City of Gainesville v. Waters · filed 2002-11-22

OCGA § 13-6-11 allows recovery of attorney fees if the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. ... In this case, there was some evidence that, despite the Waterses’ numerous complaints and its knowledge that the Waterses’ property flooded as a result of its failure to act, the City refused to alleviate the drainage problems. The trial court did not err in denying the City’s motions for new trial and j.n.o.v.