Ga. Code Ann. § 13-6-11

Section 13-6-11 permits attorney fees for conduct arising from the underlying transaction, not misconduct during litigation.

Cheatham Fletcher Scott Architects, P.C. v. Hull 2000, Lllp · filed 2019-10-29

Therefore, a fee award under OCGA § 13-6-11 was not authorized because that Code section addresses conduct that arises from the underlying transaction, and we reverse the award in this case.

Section 13-6-11 does not authorize attorney fees for a contract breach unsupported by bad faith when the parties have a bona fide dispute.

Glen Restaurant, Inc. v. West · filed 1984-11-28

Since there was no evidence which would authorize an award of attorney fees under the provisions of OCGA § 13-6-11, the trial court erred in failing to grant appellant’s motions for directed verdict and for judgment n.o.v. on the issue of attorney fees.

Section 13-6-11 requires evidence that lets the jury allocate attorney fees among the plaintiffs before awarding litigation expenses.

Tomberlin Associates, Architects, Inc. v. Free · filed 1985-03-12

Appellant correctly contends the evidence was insufficient to support the award of attorney fees against it. Although itemized statements were introduced in evidence reflecting the nature of the. work performed by the attorneys for the four groups of plaintiffs, there was no way for the jury to properly allocate the attorney fees among the various groups of plaintiffs. ... Accordingly, the portions of the judgments awarding expenses of litigation to the Lewis Free plaintiffs and the Mrs. J. R. Mitchell plaintiffs are in error and must be disallowed.

Section 13-6-11 permits a jury to award attorney fees in an equity action when the defendant acted in bad faith, was stubbornly litigious, or caused the plaintiff unnecessary trouble and expense.

Citizens & Southern National Bank v. Haskins · filed 1985-03-14

OCGA § 13-6-11 allows attorney fees by a jury in cases where the defendant has “acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” This court has specifically held that attorney fees are allowable under this section in equity actions.

Section 13-6-11 permits attorney fees in a breach of contract action when the defendant acted in bad faith, even if the plaintiff received no actual damages for fraud.

Towery v. Massey · filed 1986-04-24

However, OCGA § 13-6-11 authorizes an award of attorney fees as expenses of litigation in a breach of contract action whenever the jury determines that “the defendant has acted in bad faith in making the contract, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” The term “bad faith,” as used in this code section, clearly encompasses misconduct other than fraud.

Section 13-6-11 applies to contract actions and does not cover expenses incurred by a purchaser named alongside a marshal in an action challenging a judicial sale.

Sizemore v. Brown · filed 1986-07-02

The appellant bases his claim against the marshal for attorney fees and costs of litigation both on OCGA § 13-6-11, which is applicable to contract actions, and OCGA § 51-12-7, which pertains to tort actions. We find neither statute applicable to the present case, involving expenses incurred by the appellant as a result of his being named as a defendant, along with the marshal, in an action challenging a judicial sale.

Section 13-6-11 does not allow attorney fees in a contract action based solely on a refusal to pay a debt.

OLDEN CAMERA & LENS COMPANY, INC. v. White · filed 1986-07-10

“The damages which may be awarded under [OCGA § 13-6-11] for bad faith, for being stubbornly litigious, or for causing the opposite party unnecessary trouble and expense may not, in an ex contractu case, include a mere refusal to pay a debt, whether or not the justice of the debt is acknowledged.” ... The complaint in this case suggests no basis for an award of attorney fees other than the defendants’ refusal to pay. Accordingly, the attorney fee portion of the judgment against White was properly set aside.

Section 13-6-11 does not authorize attorney fees for a complaint in equity.

Glynn County Federal Employees Credit Union v. Peagler · filed 1986-10-07

Here, where Peagler and Carter have only set out a complaint in equity, they were not entitled to an award of attorney fees under OCGA § 13-6-11 or OCGA § 51-12-7.

Section 13-6-11 does not support a damages claim where the claimant shows no contract with the opposing party and no breach by that party.

Glucklin v. Ross (In re Specialty Products, Inc.) · filed 1984-03-14

With respect to Ross’ claim under O.C.G.A. § 13-6-11, the Court finds this section of Georgia statutory law inapplicable to the instant proceeding. This statute pertains to damages arising from a breach of contract. Ross has not shown that the Committee has breached a contract by bringing this action or that any contract, in fact, existed between the Committee and Ross.

Section 13-6-11 permits attorney fees when the evidence supports a finding of bad faith or no bona fide controversy; a court should uphold the award unless a reasonable defense exists as a matter of law.

New York Insurance v. Willett · filed 1987-07-08

From the evidence in the record and as outlined above, the jury would have been authorized to find that there was no bona fide controversy or that defendants acted in bad faith in that there was no contractual or equitable basis for defendants to have retained Willett’s earnest money. Therefore the trial court was correct in refusing to direct a verdict for defendants as to plaintiff’s OCGA § 13-6-11 claim.

An award of attorney fees under § 13-6-11 requires proof of the actual costs of counsel and the reasonableness of those costs.

Fiat Auto U. S. A., Inc. v. Hollums · filed 1987-11-17

An award of attorney fees is unauthorized if appellee failed to prove the actual costs of the attorney and the reasonableness of those costs.

Section 13-6-11 requires proof of attorney fees actually incurred, though the fees need not have been paid before trial.

Brunswick Floors, Inc. v. Shuman · filed 1987-12-04

This is not to say that the fee must actually have been paid prior to trial; however, it would be incongruous to interpret OCGA § 13-6-11 as authorizing a claimant to recover, as “expenses of litigation,” more attorney fees than he had actually incurred in connection with the litigation.

Section 13-6-11 requires proof of the actual cost and reasonableness of attorney services to recover attorney fees.

Market Ins. Corp. v. IHM, INC. · filed 1989-07-06

Since appellee did not prove the actual costs of the attorney and the reasonableness of those costs, it was not entitled to recover under OCGA § 13-6-11 for the professional services.

Section 13-6-11 allows a claim for attorney fees even when the plaintiff receives specific performance.

Clayton v. Deverell · filed 1987-12-01

Consequently, the award of specific performance does not, as a matter of law, bar the appellees from recovering the claim for attorney fees.

Section 13-6-11 permits attorney’s fees for bad faith or stubborn litigiousness in a contract action, including an insurance dispute.

American Family Life Assurance Company of Columbus, Georgia, a Georgia Corp. v. United States Fire Company, and Boston O · filed 1989-10-10

However, section 33-4-6 is not the exclusive avenue for recovery of attorney’s fees in Georgia. O.C.G.A. § 13-6-11 imposes liability for attorney’s fees on a party in a contract action for bad faith or stubborn litigiousness.

An attorney-fee award under § 13-6-11 requires evidence of the value of professional services; a contingent fee contract alone is insufficient.

Hercules Automotive, Inc. v. Hayes · filed 1989-12-05

The only evidence admitted with respect to the amount of professional services was a contingent fee contract, which is insufficient to support the award of attorney fees. ... Accordingly, because the award of attorney fees was not supported by sufficient evidence, see id. at 817-818, we reverse the award of attorney fees and remand this case to the trial court with direction that the attorney fee portion of the judgment be stricken.

Section 13-6-11 does not authorize attorney fees in a municipal nuisance action without proof of bad faith or another ground specified in the section.

City of Lawrenceville v. Heard · filed 1990-02-20

This argument is without merit. In Georgia, attorney fees are recoverable only when authorized by statute or by contract. E.g., Money v. Thompson &c. Machinery Co., 155 Ga. App. 566, 567 (271 SE2d 699) (1980). In Myszka, supra at 573 (5), the Supreme Court found that under the facts of the case, the jury’s award of attorney fees was authorized under former Ga. Code Ann. § 20-1404 (now OCGA § 13-6-11). Because in Smith, supra at 282 (2), this court did not specifically address the award of attorney fees, but held only that Myszka authorized the damages awarded by the jury, we find no support for the Heards’ contention. As there was no other basis for an award of attorney fees in this action, see generally Peachtree Purchasing v. Carver, 189 Ga. App. 73, 75-76 (2) (374 SE2d 834) (1988), we affirm the trial court’s ruling.

Section 13-6-11 permits recovery of attorney fees in fraud actions.

CARCO SUPPLY COMPANY v. Dick Clem, Master Plumber, Inc. · filed 1990-02-20

Punitive damages are authorized when the evidence proves fraud was committed (Joseph v. Bray, 182 Ga. App. 131, 133 (354 SE2d 878)), and in such actions attorney fees may be recovered under OCGA § 13-6-11.

Section 13-6-11 does not support an attorney-fee award merely because a party received a preponderance of the relief sought.

Madden v. Bellew · filed 1990-03-14

In awarding $1,600 attorney fees to plaintiffs the trial court found that both sides had done an “excellent” job in representing their clients’ interests and acknowledged that each side had been afforded some relief, but justified the award on the basis that a “preponderance” of relief was granted to plaintiffs. It is thus apparent from the trial court’s order that no basis for the award of attorney fees exists in this case (see OCGA § 9-15-14 and OCGA § 13-6-11) and that portion of the trial court’s order must be reversed.

Section 13-6-11 permits an award of attorney fees when the claimant proves bad faith or stubborn litigiousness and the value of the fees.

Clark v. West · filed 1990-06-28

' Moreover, we do not agree that attorney fees sought pursuant to OCGA § 13-6-11 are not available to appellant here.

Section 13-6-11 permits attorney fees when any one of three alternative grounds is established: bad faith, stubborn litigiousness, or causing unnecessary trouble or expense.

N.D.T., Inc. v. Connor · filed 1990-07-11

In the statute the three bases for awarding, attorney fees are cited disjunctively, as alternatives, and not in the conjunctive. Because the second and third alternatives were cited in the complaint, the court charged the entire statute.

Section 13-6-11 does not authorize recovery of attorney fees in an arbitration action when OCGA § 9-9-97 controls as the later expression of legislative intent.

Walton Acoustics, Inc. v. Currahee Construction Co. · filed 1990-11-20

Walton argues that attorney fees are recoverable under OCGA § 13-6-11. We disagree. OCGA § 9-9-97, enacted in 1978, controls over OCGA § 13-6-11 because it is the later expression of the legislature on the subject of attorney fees in this context.

Section 13-6-11 authorizes attorney fees when a defendant acts in bad faith, is stubbornly litigious, or causes unnecessary litigation and expense without a bona fide controversy.

Deloitte, Haskins & Sells v. Green · filed 1991-02-13

The determination 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, so as to authorize attorney fees pursuant to OCGA § 13-6-11, are questions generally left to the jury (Spring Lake &c. Assn. v. Peacock, 260 Ga. 80, 81 (390 SE2d 31)); where there is any evidence to support an award we are not authorized to disturb it.

Section 13-6-11 allows a losing defendant to be required to pay attorney fees when the defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense.

Stoner v. Eden · filed 1991-02-26

In this state, the law does not require losing defendants to pay plaintiffs’ attorney fees, except in certain circumstances expressly provided for by statute. An example is where defendant acted in bad faith, or was stubbornly litigious, or caused unnecessary trouble and expense. OCGA § 13-6-11. Consequently, a jury may not generally consider plaintiff’s attorney fees when awarding damages.

Section 13-6-11 allows a jury to award attorney fees when evidence supports the award.

Arford v. Blalock · filed 1991-03-14

The issue of attorney 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.

Section 13-6-11 does not allow an award of attorney fees in an action based on a contract that is unenforceable as a matter of law.

BAXLEY VENEER & CLETE COMPANY v. Maddox · filed 1991-06-07

It would be inconsistent to allow an award of attorney fees under OCGA § 13-6-11 in an action based on a contract that is unenforceable as a matter of law.

Section 13-6-11 authorizes attorney fees in contract actions when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense, including contracts procured or induced by fraud.

Country Pride Homes, Inc. v. DuBois · filed 1991-11-04

This statute specifically refers to actions in contract and may apply to suits where recovery as to a contract lies in both contract and tort, that is, where the contract was procured or transacted in bad faith or was induced by fraud and deceit.

Section 13-6-11 allows attorney fees to go to the jury when any evidence supports the award.

Lewis v. Rogers · filed 1991-11-20

Here, there was sufficient evidence of the refusal of the defendants to pay the outstanding balance of the credit card, even though they admitted that at least portions of the accrued charges were attributable to the business, to allow the case to go to the jury and to support the award.

Section 13-6-11 permits attorney fees in contract claims 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 1992-04-22

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 does not support attorney fees based solely on unnecessary trouble and expense when a bona fide controversy exists.

Tower Financial Services, Inc. v. Smith · filed 1992-07-08

The attorney fees claim made in Count 4 is premised solely upon causing the plaintiffs “unnecessary trouble and expense.” “ ‘When bad faith is not an issue and the only asserted basis for a recovery of attorney fees is . . . the causing of unnecessary trouble and expense, there is not “any evidence” to support an award pursuant to OCGA § 13-6-11 . . . if a bona fide controversy . . . exists between the parties.’ [Cits.] As a bona fide controversy did exist, the trial court did not err in awarding [summary judgment].”

Section 13-6-11 does not make attorney fees unwarranted merely because two of three defendants were found not liable.

Sparks v. Ellis · filed 1992-07-13

Sparks argues that attorney fees were not warranted under OCGA § 13-6-11 because the fact that two of the three defendants were found not liable shows that his position was reasonable. This argument is without merit.

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

Professional Consulting Services of Georgia, Inc. v. Ibrahim · filed 1992-09-08

“The issue of attorney 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. [Cit.]” ... “No evidence was presented from which the jury could determine what portion of the total amount of attorney time and litigation expenses incurred . . . was attributable to [appellee’s counterclaim] against [appellant].”

Section 13-6-11 permits attorney’s fees in a contract action only when evidence shows more than a mere breach of contract.

Williams Tile & Marble Co. v. Ra-Lin & Associates, Inc. · filed 1992-12-01

It follows that appellant’s motion for a directed verdict as to its non-liability for OCGA § 13-6-11 attorney’s fees was meritorious and the trial court erred in failing to grant it. 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.

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

GA. BAPTIST, ETC. v. Essex Ins. Co. · filed 1993-02-01

Concerning GBCH's claim for attorney fees, OCGA § 13-6-11 allows an award for expenses of litigation "where the defendant has acted in bad faith . . . has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. . . ." The record, however, contains no evidence to support such an award of attorney fees in this case.

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

Georgia Baptist Children's Homes & Family Ministries, Inc. v. Essex Insurance · filed 1993-02-01

Concerning GBCH’s claim for attorney fees, OCGA § 13-6-11 allows an award for expenses of litigation “where the defendant has acted in bad faith . . . has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. . . .” The record, however, contains no evidence to support such an award of attorney fees in this case. Nothing suggests that Essex’s position that the insurance policy excluded the type of claim asserted against GBCH was anything less than genuine. That position was not an unreasonable one, and Essex’s decision to utilize the declaratory judgment procedure designed for precisely this situation may not be regarded as stubbornly litigious or causing GBCH unnecessary trouble and expense. Accordingly, no award of attorney fees was authorized under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees against a defendant who acts in bad faith, is stubbornly litigious, or causes the plaintiff unnecessary trouble and expense.

Mays v. Lampkin · filed 1993-03-01

That Code section “provides for an award of attorney fees against a defendant who has 1) acted in bad faith, 2) been stubbornly litigious, or 3) caused plaintiff unnecessary trouble and expense.” ... “The question of attorney fees under OCGA § 13-6-11 is a question for the jury. [Cit.] 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. [Cit.]” ... This circumstance alone would support a claim of attorney fees.

Section 13-6-11 permits attorney’s fees when there is no genuine controversy and the opposing party acts in bad faith or is stubbornly litigious or causes unnecessary trouble and expense.

AAA Pest Control, Inc. v. Murray · filed 1993-03-05

In the absence of a finding of bad faith, the existence of a “genuine controversy would preclude an award of attorney’s fees based on the grounds of stubborn litigiousness or causing unnecessary trouble and expense. [Cits.]” ... It follows that the trial court erred in overruling the meritorious exception to the auditor’s erroneous award of attorney’s fees.

Section 13-6-11 permits attorney fees when a party causes unnecessary trouble and expense in litigation, with the award upheld when supported by any evidence.

Leventhal v. Seiter · filed 1993-03-12

In the case sub judice, the trial court found that the appellant caused the appellees unnecessary trouble and expense in litigation, warranting the payment of attorney fees, based upon his failure to comply with the terms of the unambiguous contract. ... We conclude that there is evidence to support the trial court’s finding, and the award of attorney fees must be upheld.

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

Burlington Air Express, Inc. v. GA. PACIFIC CORPORATION · filed 1993-09-27

Additionally, the trial court did not err in ruling that questions of fact remained for the jury regarding whether an award of attorney fees was warranted. OCGA § 13-6-11 (expenses of litigation may be awarded plaintiff in contract action where defendant has acted in bad faith, has been stubbornly litigious, or has caused plaintiff unnecessary trouble and expense); see also Spring Lake Property Owners Assn. v. Peacock, 260 Ga. 80 (390 SE2d 31) (1990) (question of attorney fees under OCGA § 13-6-11 is question for jury).

Section 13-6-11 permits attorney fee awards in equitable actions.

King v. Baker · filed 1994-07-13

Nothing in OCGA § 13-6-11 limits attorney fee awards to actions at law or excludes equity actions from its application.

Section 13-6-11 permits attorney fees only when no genuine controversy exists.

Tifton Bank & Trust Co. v. Knight's Furniture Co. · filed 1994-12-05

Similarly, the award of attorney fees was also erroneous because, based on the case authority existing at the time of the Bank’s actions, a genuine controversy existed which precludes the award of attorney fees pursuant to OCGA § 13-6-11.

Section 13-6-11 does not apply to arbitration proceedings governed by OCGA § 9-9-97.

Hope & Associates, Inc. v. Marvin M. Black Co. · filed 1992-09-24

The court correctly ruled that this Code provision did not apply to arbitration proceedings which are governed by OCGA § 9-9-97.

Section 13-6-11 permits attorney fees to be supported by a recovery of nominal damages.

Savannah College of Art & Design, Inc. v. Nulph · filed 1995-09-11

Regardless of whether the jury finds Nulph’s termination justified, Nulph may still pursue his separate claim for attorney fees under OCGA § 13-6-11, because a recovery of only nominal damages would be sufficient to support attorney fees under that statute.

Section 13-6-11 allows attorney fees when its statutory requirements are satisfied, even if the applicable lien statute does not expressly provide for them.

Gaster Lumber Co. v. Browning · filed 1996-04-05

Further, the mere fact that an applicable lien statute does not expressly provide for attorney fees would not per se preclude such an award if the statutory requirements of OCGA § 13-6-11 were otherwise satisfied.

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

Robert B. Wilcox, M.D., P.C. v. Hritz (In Re Hritz) · filed 1996-06-03

While attorneys’ fees are generally not allowed as a part of damages in a contract action, O.C.G.A. § 13-6-11 permits a jury to grant attorneys’ fees when the “plaintiff has specially pleaded and has made a prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” § 13-6-11. The statute on its face provides alternative grounds for the awarding of attorney fees.

Section 13-6-11 requires an award of damages or other relief on the underlying claim before attorney fees may be awarded and limits fees to the prevailing claim.

United Companies Lending Corp. v. Peacock · filed 1996-09-09

A prerequisite to any award of attorney fees under OCGA § 13-6-11 is the award of damages or other relief on the underlying claim. Here, the Peacocks prevailed and were awarded damages under only one of the six counts initially sought. However, at trial, the Peacocks proved the lump amount of fees and expenses incurred to work on all six counts of the complaint on behalf of all three original plaintiffs. Because the Peacocks did not prove the amount of attorney fees attributable solely to the claim in which they prevailed, we hereby reverse the award and remand the case to the trial court with direction to conduct a hearing on attorney fees and limit the award of attorney fees to the amount based upon the prevailing claim.

Section 13-6-11 permits recovery of attorney fees in this situation, but does not permit double recovery of litigation expenses.

Nissan Motor Acceptance Corp. v. Stovall Nissan, Inc. · filed 1997-01-21

OCGA § 13-6-11 constitutes a vehicle for the collection of attorney fees in this situation, and NMAC cites no authority prohibiting this practice. ... Although Stovall cannot twice recover its expenses of litigation, no authority precludes it from recovering only attorney fees should it prevail on this claim, and the trial court properly denied summary judgment for NMAC on this issue.

Section 13-6-11 permits attorney fee recovery when a defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense.

Southern Water Technologies, Inc. v. Kile · filed 1997-01-29

OCGA § 13-6-11 allows recovery of attorney fees if the defendant has acted in bad faith, or has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. ... Kile’s testimony that SWT’s management denied his right to commissions and told him that he would have to sue to recover them authorized attorney fees based on SWT’s bad faith refusal to perform under the contract.

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

G.I.R. Systems, Inc. v. Lance · filed 1997-09-02

OCGA § 13-6-11 allows for the award of attorney fees where the defendant has acted in bad faith, been stubbornly litigious, or caused the plaintiff unnecessary trouble and expense. A trial court’s award of attorney fees under this Code section is to be affirmed if there is any evidence to support it. ... In this case, as discussed above, there was evidence from which the trial court could find that G.I.R. had acted in bad faith, been stubbornly litigious, and caused the plaintiff unnecessary trouble and expense by not providing the information ordered.

Section 13-6-11 does not govern an attorney-fee award made under a contract’s fee provision.

Layfield v. Southeastern Construction Coordinators, Inc. · filed 1997-10-29

The award of fees in this case is not governed by OCGA § 13-6-11; rather, it is governed by a provision in the contract between the parties providing that “[a]ll legal fees incurred by [Southeastern] in the collecting of any monies due for the contract sum will be assessed against [the Layfields].”

Section 13-6-11 requires proof of the actual attorney fees incurred and the reasonableness of those fees before they may be awarded.

Crosby v. DeMeyer · filed 1997-12-04

“An award of attorney fees [under OCGA § 13-6-11] is unauthorized if appellee failed to prove the actual costs of the attorney and the reasonableness of those costs.” ... Even if this constitutes evidence as to how much was paid, it does not constitute evidence as to the reasonableness of those fees. Accordingly, the award of attorney fees to plaintiffs must be reversed.

Section 13-6-11 requires allegations and evidence supporting its grounds for litigation expenses before those expenses may be awarded.

Holden MacHinery v. Sundance Tractor & Mower (In Re Fried Group, Inc.) · filed 1998-01-16

O.C.G.A. § 13-6-11. No evidence or allegations have been offered which would warrant the application of the provisions of this statute.

Section 13-6-11 does not require an existing fee agreement to award reasonable attorney fees when the evidence establishes a reasonable hourly rate and hours worked.

KDS Properties, Inc. v. Sims · filed 1998-09-16

OCGA § 13-6-11 does not specifically require that allowable litigation expenses be incurred pursuant to an existing oral or written contract. Such a requirement would not be compatible with existing law. Once the evidence supports a finding that a defendant has acted in bad faith, has been stubbornly litigious, or has caused unnecessary trouble and expense, as required by OCGA § 13-6-11, the jury may award reasonable attorney fees. All that remains to support such an award is evidence which establishes the reasonable hourly rate and the reasonable number of hours spent in preparing for and conducting the litigation.

Section 13-6-11 does not authorize attorney fees in a breach-of-warranty suit without evidence of bad faith, stubborn litigiousness, or unnecessary trouble and expense.

Cary v. Guiragossian · filed 1998-11-02

This evidence does not establish that Spartan acted in bad faith, was stubbornly litigious, or caused the plaintiff unnecessary trouble and expense and does not authorize an award of attorney fees under OCGA § 13-6-11.

Section 13-6-11 may allow litigation expenses when a party must litigate to enforce an agreement and can show bad faith in entering or refusing to obey a consent judgment.

Fulton County Tax Commissioner v. General Motors Corp. · filed 1998-09-18

OCGA § 13-6-11 is also applicable if GM can show bad faith of the Tax Commissioner in entering into the consent judgment or subsequently in refusing to obey the judgment of the trial court. ... When a party has to resort to litigation to enforce an agreement, such circumstances may authorize an award of litigation expenses under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees on an independent counterclaim for unnecessary trouble and expense, but the claimant must prove the actual costs and their reasonableness.

Cannon Air Transport Services, Inc. v. Stevens Aviation, Inc. · filed 2001-05-07

OCGA § 13-6-11 authorizes the imposition of attorney fees where the defendant has caused the plaintiff unnecessary trouble and expense. A defendant who has asserted a counterclaim that is independent of a claim for litigation expenses may similarly recover attorney fees from a plaintiff who has caused the defendant unnecessary trouble and expense. ... “An award of attorney fees is unauthorized if appellee failed to prove the actual costs of the attorney and the reasonableness of those costs.” ... This glaring deficiency in the record requires this Court to vacate the attorney fees award.

Section 13-6-11 permits attorney fees and litigation expenses for a breach of contract even when the facts do not support a separate tort claim.

ServiceMaster Co., LP v. Martin · filed 2001-11-15

The only additional remedy authorized by law under these facts is an award of attorney fees and expenses of litigation as provided by OCGA § 13-6-11.

When a fraudulent concealment claim presents a jury question, summary judgment against the plaintiff on attorney fees under § 13-6-11 is improper.

Lanier Home Center, Inc. v. Underwood · filed 2001-11-21

In view of our ruling that a jury question remains on the issue of fraudulent concealment, it was error to grant Lanier’s motion for summary judgment on the issue of attorney fees.

Section 13-6-11 permits litigation expenses when a defendant acts in bad faith or causes unnecessary trouble and expense; billing records and expert testimony can support the fee amount.

Ishak v. Lanier Contractors Supply, Inc. · filed 2002-03-13

OCGA § 13-6-11 authorizes a jury to award expenses of litigation “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. . . .” In this case, there is evidence that ODC acted in bad faith by automatically discontinuing all payments to Lanier for materials supplied upon the filing of a materialmen’s lien, even though some payment was indisputably due. Moreover, Ishak caused Lanier unnecessary trouble and expense by helping strip the corporation of assets after suit was filed. The court based the amount of the fee award on documentation showing the tasks performed by counsel and the hourly charge, together with expert testimony concerning the reasonableness of the overall fee. The weight to be given this evidence was a matter for the trial court to determine. The fee awarded was authorized by the evidence.

Section 13-6-11 permits attorney fees when a defendant’s conduct in the underlying transaction involves bad faith, stubborn litigiousness, or unnecessary trouble and expense to the plaintiff.

Ellis v. Stanford · filed 2002-07-02

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.

A claimant seeking attorney fees under § 13-6-11 may use a contingency fee agreement as evidence of value when testimony shows the fee is customary and reflects the services rendered.

Home Depot U. S. A., Inc. v. Tvrdeich · filed 2004-07-16

Because, construing the evidence in favor of Tvrdeich, there was evidence that the contingency fee she agreed to pay was a valid indicator of the value of her attorney’s services, the trial court did not err in denying Home Depot’s motions for a directed verdict and for judgment notwithstanding the verdict on Tvrdeich’s fee claim.

Section 13-6-11 does not authorize appellate attorney fees, even if the opposing party acted in bad faith.

Jennings v. McIntosh County Board of Commissioners · filed 2004-09-01

Therefore, even a finding that the Board acted in bad faith would not authorize an award of appellate attorney fees under OCGA § 13-6-11.

Section 13-6-11 requires proof of the actual attorney fees and their reasonableness before those fees may be awarded.

Gray v. King · filed 2004-12-10

“An award of attorney fees is unauthorized if [the Kings] failed to prove the actual costs of the attorney and the reasonableness of those costs.” ... However, there was no testimony by any witness as to the reasonableness of the fees. ... We therefore vacate the portion of the judgment awarding the Kings $5,850 in attorney fees and remand for an evidentiary hearing on the amount of attorney fees.

Section 13-6-11 does not entitle a plaintiff to attorney fees as a matter of law in a title warranty action when liability and damages are genuinely disputed.

Wilkinson Homes, Inc. v. Stewart Title Guaranty Co. · filed 2005-02-10

Under these facts, we cannot say that Stewart Title was entitled as a matter of law to attorney fees under OCGA § 13-6-11.

Section 13-6-11 requires attorney fees awarded for bad faith to be apportioned to the claims on which the plaintiff prevailed.

Monterrey Mexican Restaurant of Wise, Inc. v. Leon · filed 2006-11-17

We now hold that, where attorney fees are awarded under OCGA § 13-6-11 for bad faith, such awards must be apportioned to those attorney fees attributable to claims on which the plaintiff prevailed.

Section 13-6-11 does not allow attorney fees for failure to provide an equitable accounting when the claimant was not entitled to that accounting.

Riverview Condominium Ass'n v. Ocwen Federal Bank, FSB · filed 2007-03-13

Moreover, as Riverview was not entitled to an equitable accounting, it also was not entitled to attorney fees under OCGA § 13-6-11 resulting from the Bank’s failure to provide the same.

Section 13-6-11 permits attorney fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense, but fees must be apportioned to claims on which the plaintiff prevailed.

Internal Medicine Alliance, LLC v. Budell · filed 2008-03-10

Under OCGA § 13-6-11, attorney fees and expenses may be awarded “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” ... If the conversion claim ultimately fails on remand, then the superior court will need to conduct an evidentiary hearing and apportion the attorney fees award to the amount attributable only to claims upon which Budell prevailed.

Section 13-6-11 requires evidence of the attorney fees incurred and their reasonableness before fees may be awarded.

Hardnett v. Ogundele · filed 2008-04-18

In light of the generalized and approximated proffer of the time spent, the lack of billing records or other evidence showing precisely how the attorney’s time was spent, and the absence of any evidence as to the reasonableness of his fees, we find the evidence insufficient to authorize the trial court’s award of attorney fees.

A plaintiff seeking attorney fees under § 13-6-11 must prove the reasonableness of the fees to submit the claim to a jury.

Sims v. GT Architecture Contractors Corp. · filed 2008-06-19

Given Sims’ failure to present required evidence on the attorney fee issue, we find no error in the trial court’s refusal to submit the issue to the jury and in directing a verdict on this claim.

Section 13-6-11 permits attorney fees only for qualifying claims and requires fees to be apportioned to claims on which the plaintiff prevailed.

Savannah Yacht Corp. v. Thunderbolt Marine, Inc. · filed 2009-03-02

In light of our decision to reverse the jury’s verdict to the extent set out and explained in Divisions 1 and 2 of this opinion, we vacate the jury’s award of attorney fees and remand the case to the trial court for further proceedings and to determine what, if any, remaining claims would authorize an award of fees under OCGA § 13-6-11 and to apportion them appropriately.

Section 13-6-11 does not require attorney fees to be divided among aspects of a single claim once the grounds for a fee award are met.

State, Department of Transportation v. Douglas Asphalt Co. · filed 2009-04-10

DOT further contends that the trial court erred in granting Douglas Asphalt’s motion in limine to exclude DOT’s evidence of damages because the grant of that motion also improperly excluded evidence of attorney fees that DOT is seeking under OCGA § 13-6-11. We agree. ... Accordingly, the trial court erred in excluding evidence of attorney fees on the ground that DOT cannot recover such fees incurred in developing the excluded testing evidence.

Section 13-6-11 applies to attorney fees sought for bad faith, stubborn litigiousness, or unnecessary trouble and expense; it does not govern fees awarded under a promissory note.

A & B Blind & Drapery Co. v. B & B Glass & Storefronts, Inc. · filed 2009-06-03

This statute applies where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. In this case, however, the trial court did not award fees under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees only for claims on which the party obtains relief, and the party must show which fees are attributable to those claims.

Leon v. Monterrey Mexican Restaurant of Wise, Inc. · filed 2010-07-14

We repeated our Supreme Court’s statement in United Cos. Lending Corp. v. Peacock, supra, 267 Ga. 145, that “[a] prerequisite to any award of attorney fees under OCGA § 13-6-11 is the award of damages or other relief on the underlying claim.” ... Simply put, Leon failed to carry his burden of showing which of his fees were attributable to the claims on which he prevailed.

Section 13-6-11 permits attorney fees when a party specifically requests them and alleges bad faith, stubborn litigiousness, or unnecessary trouble and expense.

Goldsmith v. Peterson · filed 2010-11-23

An award of attorney fees is authorized under OCGA § 13-6-11 “where a plaintiff specifically prays for attorney fees and refers either to the Code section or to the criteria set forth therein, by alleging the defendant acted in bad faith in the underlying transaction, was stubbornly litigious, or caused the plaintiff unnecessary trouble and expense.” ... The Petersons’ counterclaim tracked the language of OCGA § 13-6-11 by alleging that the Goldsmiths “have acted in extreme bad faith, have been stubbornly litigious and have caused [the Petersons] to incur unnecessary trouble and expenses” and also made a specific prayer to recover their attorney fees. Thus, the issue was properly raised for trial, and the defendants reasserted their claim for fees under OCGA § 13-6-11 in their proposed pre-trial order. Accordingly, this issue was properly submitted to the jury.

Section 13-6-11 permits attorney fees when a defendant acts in bad faith, is stubbornly litigious, or causes the plaintiff unnecessary trouble and expense; an award is affirmed if any evidence supports it.

Christopher v. Sinyard · filed 2012-02-01

OCGA § 13-6-11 pertinently authorizes 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. An award of attorney fees under OCGA § 13-6-11 will be affirmed if there is any evidence to support it. ... Because there was some evidence that Christopher acted in bad faith, was stubbornly litigious or caused the Sinyards unnecessary trouble and expense, the trial court did not err in ordering Christopher to pay attorney fees.

An attorney fee award under § 13-6-11 requires proof of the actual costs of counsel’s work on the case and the reasonableness of those costs.

Prainito v. Smith · filed 2012-05-04

We hold that the trial court erred in entering a judgment on the award because no evidence was presented of the actual costs of the estate’s attorneys in prosecuting this action or the reasonableness of those costs.

Section 13-6-11 allows fees incurred on a successful breach-of-contract claim without dividing them among the theories supporting that claim.

Fowlers' Holdings, Lllp v. Clp Family Investments · filed 2012-09-27

We are not persuaded by Fowler’s assertion that CLP may recover fees for only one of its three theories of breach of contract because the trial court found in CLP’s favor on that theory alone. If the claim for breach of contract was successful, fees expended in pursuit of that claim are recoverable.

Section 13-6-11 allows fees for a successful breach-of-contract claim without dividing them among its successful and unsuccessful theories, but fees for an unsuccessful claim must be excluded.

Fowler's Holdings, LLLP v. CLP Family Investments, L.P. · filed 2012-09-27

We are not persuaded by Fowler’s assertion that CLP may recover fees for only one of its three theories of breach of contract because the trial court found in CLP’s favor on that theory alone. ... It follows that the trial court did not err when it granted CLP $55,000 in fees under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees when a defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense; those questions generally go to the jury.

Lloyd's Syndicate No. 5820 v. Agco Corporation · filed 2012-11-30

OCGA § 13-6-11 permits the award of attorney fees to a plaintiff where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. Questions of bad faith, stubborn litigiousness and unnecessary trouble and expense are generally for the jury to decide.

Section 13-6-11 permits attorney fees for a bad-faith breach of contract, including fees awarded to a defendant who prevails on an independent counterclaim.

Murtagh v. Emory University · filed 2013-03-29

The trial court had the legal authority under OCGA § 13-6-11 to make its own award of fees and expenses incurred in the aftermath of Murtagh’s breaches of the 2001 settlement agreement.

Section 13-6-11 does not require a plaintiff to allocate attorney fees between successful and unsuccessful claims when the claims are too similar to separate the time spent on each.

Krayev v. David J. Johnson, Jr. · filed 2014-04-21

But there is an exception to this rule ignored by Krayev: if the trial court finds that the various “claims are so similar that it would be too difficult to separate the hours spent on each,” the plaintiff is not required to allocate his hours between his successful and unsuccessful claims.

Section 13-6-11 permits an award of attorney fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense, subject to the fact finder's discretion.

Flyboy Aviation Properties, LLC v. Franck (In re Flyboy Aviation Properties, LLC) · filed 2015-01-16

Although attorney fees are generally not available, the Court may award them when “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. ... As the facts and legal analysis of this Order demonstrate, this is not a situation where either party has wholly clean hands and pure motives with respect to the events giving rise to litigation. As such, the Court will exercise its discretion to deny attorney fees to both parties.

Section 13-6-11 does not support an attorney-fee award against a hospital for filing a valid hospital lien.

Kight v. McG Health, Inc. · filed 2015-03-02

Because we affirm the Court of Appeals’ ruling that the Hospital’s lien was valid, we also affirm the ruling that the award of attorney fees against MCG pursuant to OCGA § 13-6-11 was improper.

Section 13-6-11 requires evidence of bad faith, stubborn litigiousness, or unnecessary trouble and expense to recover attorney fees.

HOWELL Et Al. v. NORMAL LIFE OF GEORGIA, INC. Et Al.; And Vice Versa · filed 2016-07-07

We agree with the trial court’s grant of summary judgment in favor of Normal Life on Howell’s claim for attorney fees. Howell failed to adduce any evidence that Normal Life acted in bad faith, had been stubbornly litigious, or caused Howell unnecessary trouble and expense pursuant to OCGA § 13-6-11.

Section 13-6-11 does not allow attorney fees when the claimant has not prevailed on a claim for damages.

O'CONNOR v. FULTON COUNTY · filed 2017-09-13

Finally, because O’Connor has not prevailed on his claim for damages, the trial court correctly concluded that he was not entitled to attorney fees under OCGA § 13-6-11.

Attorney fees under § 13-6-11 depend on the opposing party’s conduct in the underlying transaction.

RIVERS v. SOUTH AUCTION AND REALTY Et Al. · filed 2019-06-28

An award of attorney fees under OCGA § 13-6-11 is predicated on the party’s conduct in the underlying transaction.

Section 13-6-11 does not allow recovery of attorney fees or litigation expenses for proceedings before a Georgia appellate court.

Caldwell v. Virginia S. Church · filed 2019-10-30

OCGA § 13-6-11 does not authorize the imposition of attorney fees and expenses of litigation for proceedings before an appellate court of this state.

Attorney fees under § 13-6-11 generally must be allocated to successful claims, but allocation is unnecessary when the claims are too similar to separate the work reasonably.

Patina Development Group, LLC v. Wernowsky · filed 2020-07-13

However, Georgia law recognizes an exception to the general rule that the party seeking fees bears the burden of proof and must segregate out the hours that are recoverable from those that are not. “If the trial court finds that the various claims are so similar that it would be too difficult to separate the hours spent on each, the party entitled to fees is not required to allocate his hours.”

Section 13-6-11 attorney fees are assessed using reasonable hours worked multiplied by reasonable hourly rates.

Hightex USA, LLC v. EW Corporation Industrial Fabricators · filed 2022-05-31

To assess the reasonableness of the requested fees, the Court applies the traditional lodestar test—the reasonable hours expended by counsel times reasonable hourly rates.

Section 13-6-11 permits recovery of attorney fees attributable to successful claims; the claimant must separate recoverable fees from fees for unsuccessful claims.

SIMPSON v. HUSFELD · filed 2022-06-15

Nevertheless, we agree with Birch Properties that the trial court’s decision to award the attorney fees in a lump sum amount constitutes error. Therefore we reverse the award and remand this case for an evidentiary hearing to allow the Simpsons to establish the portion of the fees which is allocable to their attorney’s prosecution of their successful claims.

A counterclaim for expenses under § 13-6-11 requires a separate, free-standing counterclaim; a claim for fees alone is insufficient.

Gibson-Wright v. Smith · filed 2024-01-08

Here, in her response to Smith’s petition, Gibson-Wright did not assert any other counterclaim separate from her claim for attorney fees. Therefore, she was not entitled to attorney fees under OCGA § 13-6-11.

A claim for attorney fees under § 13-6-11 may proceed when the underlying claims survive summary judgment.

Farmer v. Farmer · filed 2024-03-15

Based on our holdings in Divisions 1 and 2, we reverse the grant of summary judgment on Mary Ann Farmer’s claim for OCGA § 13-6-11 attorney fees.

A plaintiff seeking attorney fees under § 13-6-11 must identify a basis under the section and show entitlement to the fees.

BAILEY v. MAKE a DIFFERENCE MINISTRIES, INC. · filed 2024-06-28

Notably, she has not set out the requirements of that code section or specified the exact basis under the code section for her claim and has not made any real attempt to show her entitlement to such fees. Accordingly, we affirm the grant of summary judgment to Camp Highland on Bailey’s claim for punitive damages and attorney fees under OCGA § 13-6-11.

Section 13-6-11’s rules for awarding litigation expenses do not govern attorney fees awarded under a contractual provision.

WELLS FARGO BANK NA v. YOUNT · filed 2024-07-09

However, “[w]here the contract provides for an award of fees, the legal principles governing an award under O.C.G.A. § 13-6-11 … are inapplicable. Thus, in the absence of a controlling statute, a party’s entitlement to attorney fees under a contractual provision is determined by the usual rules of contract interpretation.”

Section 13-6-11 allows recovery of attorney fees attributable to successful claims, and the claimant must segregate recoverable hours from unrecoverable hours.

HEALTH SERVICES OF CENTRAL GEORGIA, INC. v. FADY S. WANNA · filed 2024-10-17

Dr. Wanna had the burden of proof on the issue of attorney fees, and he was required to segregate out the hours that were recoverable from those hours that were unrecoverable.

Section 13-6-11 permits recovery of reasonable attorney fees and litigation costs supported by evidence of the amounts incurred.

LEDFORD v. EBARLE MARKETING SERVICES INC. · filed 2025-03-04

Mr. Ledford is entitled to recover his reasonable attorneys’ fees and costs pursuant to the GFBPA, the UDPTEA, and O.C.G.A. § 13-6-11. ... The Court finds that the rates that Mr. Ledford’s counsel charges and the time spent by his counsel in pursuit of his claims against American Solar Tec are both reasonable and necessary. Accordingly, Mr. Ledford is entitled to recover $4,717.00 for his attorneys’ fees.

Section 13-6-11 fees must be allocated to successful claims unless the claimant proves the claims are too intertwined to separate.

Galloway v. Total Play, LLC · filed 2026-05-22

Total Play “had the burden of proof on the issue of attorney fees, and [it] was required to segregate out the hours that were recoverable from those hours that were unrecoverable,” given that Total Play did not prevail on all of its claims.

Section 13-6-11 does not require a party to apportion attorney fees between successful and unsuccessful claims when the claims are intertwined.

ULTRA GROUP OF COMPANIES, INC. v. SINGH · filed 2026-06-04

Singh’s argument ignores the well-settled exception to the fee apportionment rule: If the party’s successful and unsuccessful claims are “intertwined,” the party is not required to allocate its hours between the successful and unsuccessful claims.

Section 13-6-11 does not require fees for other claims to be separated when work on those claims was also necessary to a successful claim.

CENTRAL UNITED METHODIST CHURCH OF ATLANTA, INC. v. THE WEST FIRM, P.C. · filed 2026-06-29

And “fee separation is not required if the evidence shows that the claims were so ‘intertwined’ that work performed in connection with other claims was necessary as well for the claim on which fees were allowed.” Eagle Jets, LLC v. Atlanta Jet, Inc., 347 Ga. App. 567, 574-75(2)(b) (820 SE2d 197) (2018) (quotation marks omitted). Thus, because there was some evidence to support the jury’s attorney fee award under OCGA § 13-6-11, it is affirmed.

Section 13-6-11 furnished no attorney fees in the contract action before the court because the plaintiffs alleged no contract damages.

Ingram · filed 2026-06-22

Finally, the attorney’s fees sought under O.C.G.A. § 13-6-11 apply to damages of contract litigation. However, Plaintiffs have not alleged that contract damages are appropriate here.

Section 13-6-11 allows a claim for bad-faith expenses to proceed when the alleged oral contract is not barred by the Statute of Frauds.

Weatherby v. Barsk · filed 2001-02-28

Since the alleged oral contract need not have been in writing, we must also reverse the trial court’s ruling that Weatherby was not entitled to recover damages for bad faith because he failed to show that an enforceable contract existed.

Section 13-6-11 does not authorize attorney fees based solely on a tort verdict; the jury must be instructed on a statutory ground for fees.

Spivey v. Rogers · filed 1984-12-05

Here, the plaintiff specifically pled for attorney fees alleging that Spivey’s actions “were in the utmost bad faith,” but the court failed to charge on the issue of bad faith, or any other section of the statute which would have authorized a jury verdict on attorney fees.

A trial court deciding summary judgment cannot award attorney fees under § 13-6-11 by resolving disputed facts as the trier of fact.

Rasmussen v. Nodvin · filed 1985-03-11

By the very language of its order, the trial court, on this issue, transformed the summary adjudication into a bench trial. That not being the posture of the case, we must reverse the trial court’s award of attorney fees to appellee.

Section 13-6-11 permits a jury charge on litigation expenses when some evidence supports a finding that the defendant was stubbornly litigious or caused unnecessary trouble and expense.

Esquire Mobile Homes, Inc. v. Arrendale · filed 1987-03-19

There being some evidence of record by which the jury was authorized to find that appellant had been stubbornly litigious and had caused appellees unnecessary trouble and expense, the trial court did not err in its charge in this regard.

An attorney’s fee award under § 13-6-11 can stand without a specific jury instruction when the evidence supports it.

Ring v. Williams · filed 1989-07-14

Appellants make no assertion on appeal that the evidence that was submitted by appellees would not support the jury’s return of a verdict for $8,008.08 in attorney’s fees pursuant to OCGA § 13-6-11. Their sole contention is that, in the absence of specific instructions by the trial court, the jury was not authorized to consider that element of damages. The recoverability of damages is, however, dependent upon the applicable law and evidence, not upon the instructions of the trial court.

An attorney fee claim under § 13-6-11 may go to the jury when the evidence supports it; a defendant must move for a directed verdict to prevent its submission.

Dubberly v. P. F. Moon & Co. · filed 1987-09-15

The third enumeration asserts it was error to submit the issue of attorney fees to the jury under OCGA § 13-6-11 because there was no evidence to support such an award. No motion for directed verdict under OCGA § 9-11-50, which was the appropriate mechanism to avert the submission, was made by defendants. The court was not required to omit the matter from the jury’s consideration sua sponte. ... Moreover, there was sufficient evidence to create a jury issue.

Section 13-6-11 permits attorney’s fees for an independent breach-of-contract counterclaim.

Beall v. F. H. H. Construction, Inc. · filed 1989-10-17

FHHCI’s counterclaim against Beall for breach of contract was an “independent claim” which would support an award of attorney’s fees.

Section 13-6-11 requires the question of damages for litigation expenses to be decided by the jury rather than by directed verdict.

Polma, Inc. v. Coastal Canvas Products Co. · filed 1991-04-09

“This was error, as [OCGA § 13-6-11] provides that the question of damages is for the jury, and this has long been the rule. [Cit.] Also, it has long been held by this court that in suits where the expenses of litigation might be recovered as part of the damages, it is error for the trial court to direct a verdict therefor. The matter of such expenses is left solely to the jury. [Cits.]”

Section 13-6-11 permits attorney fees based on bad faith even when the damages awarded are far less than those sought.

Crocker v. Stevens · filed 1993-08-26

Great disparity between the damages sought and those actually awarded in a verdict may defeat an award of attorney feés based on stubborn litigiousness under OCGA § 13-6-11, but not an award that is based on bad faith.

Section 13-6-11 permits attorney fees when any evidence supports bad faith arising from the transaction underlying the cause of action.

Baker v. Miller · filed 1995-06-29

At trial they introduced evidence of bad faith by demonstrating a series of misrepresentations by Baker at the zoning hearing. Thus, there was evidence upon which the jury could have found bad faith arising out of the transaction on which the cause of action is predicated. An award of attorney fees supported by any evidence must be affirmed.

Section 13-6-11 permits a jury instruction on litigation expenses when evidence shows more than a mere breach of contract.

Kent v. Brown · filed 1999-05-28

Here, Brown laid a foundation for the charge, introducing evidence that showed more than mere breach.

A defendant with an independent counterclaim may recover litigation expenses under § 13-6-11 only for work attributable to prosecuting that counterclaim and must segregate those expenses from defense costs.

Williamson v. Harvey Smith, Inc. · filed 2000-11-09

But where a defendant asserts an independent counterclaim, he may recover litigation expenses under OCGA § 13-6-11 in connection with that claim. ... The defendant is limited, however, to recovering only the portion of his attorney fees allocable to the prosecution of his counterclaim. ... Therefore, HSI had “the burden of proof and must segregate out the hours that are recoverable from those hours not recoverable. [Cit.]”

A set-off bars attorney fees for stubborn litigiousness or unnecessary trouble and expense, but does not bar fees for fraud or bad faith.

Performance Mechanical Co. v. Heat Transfer Control, Inc. · filed 2000-12-28

When a plaintiff’s claim is reduced by a set-off, a legitimate controversy exists that forecloses an attorney fee award based on two of the three grounds in OCGA § 13-6-11: stubborn litigiousness and unnecessary trouble and expense. ... However, the third ground that could authorize a recovery of attorney fees as expenses of litigation, the fraud or bad faith of the defendant in the transaction out of which the cause of action arose, remains available despite the award of a set-off.

Section 13-6-11 permits attorney fees on a viable independent counterclaim, but the claimant must still prove entitlement to them.

Lawrence v. Russell · filed 2002-03-26

Again, however, that statement ruled only that Lawrence had a right to recover attorney fees; it did not dispense with the need for her to prove such a claim in proper fashion.

Section 13-6-11 permits attorney fees on an independent counterclaim for rent when evidence supports bad faith or stubborn litigiousness.

Arrington v. Reynolds · filed 2002-05-08

The trial court properly awarded Reynolds attorney fees under OCGA § 13-6-11 on his independent counterclaim for rent. The record reveals some evidence supporting the court’s finding that the Arringtons were stubbornly litigious and acted in bad faith.

Section 13-6-11 generally leaves to the jury whether bad faith, stubborn litigiousness, or unnecessary trouble and expense supports an award of attorney fees.

Jones v. Ceniza · filed 2002-10-09

Questions concerning bad faith, stubborn litigiousness, and unnecessary trouble and expense under OCGA § 13-6-11 are generally questions for the jury to decide.

A defendant may recover litigation expenses under § 13-6-11 only for prosecuting a successful counterclaim.

Caincare, Inc. v. Ellison · filed 2005-03-15

Given that in Division 1 we held that Discount Drug was not entitled to prevail on its counterclaim, it cannot recover fees under OCGA § 13-6-11. Under that Code section, a defendant is only entitled to recover fees associated with prosecuting a successful counterclaim.

Section 13-6-11 permits a defendant to recover attorney fees for an independent counterclaim only to the extent the fees are allocable to that counterclaim.

Whitaker v. Houston County Hospital Authority · filed 2005-03-25

Whitaker contends that the trial court erred by denying his motion for j.n.o.v. regarding the jury’s award of attorney fees pursuant to OCGA § 13-6-11, arguing, among other things, that HCHA failed to properly prove the amount of its attorney fees. We agree. ... Here, HCHA wholly failed to establish the evidence it was required to present for the jury to be able to determine the attorney fees allocable to its counterclaims. For this reason, the trial court erred in denying Whitaker’s motion for j.n.o.v. regarding the jury’s award of attorney fees.

Section 13-6-11 applies to noncontract suits, but refusing a jury instruction on attorney fees is harmless when the underlying claims should not have reached the jury.

Bacon v. Volvo Service Center, Inc. · filed 2004-03-04

We agree with VSC that the trial court’s reasoning in refusing to charge the jury on awarding attorney fees under OCGA § 13-6-11 was erroneous. ... We find the trial court’s reasoning faulty, but given our holding in the main appeal that VSC’s underlying claims should not have been allowed to go to the jury, the refusal to charge the jury on OCGA § 13-6-11 was harmless.

A party seeking attorney fees on an independent counterclaim must show facts supporting bad faith, stubborn litigiousness, or unnecessary trouble and expense.

Sampson v. Haywire Ventures, Inc. · filed 2008-10-02

Here, however, Sampson failed to set forth any facts showing that Haywire and/or Multicast had acted in bad faith, had been stubbornly litigious, or had caused him any unnecessary trouble or expense in their defense of his remaining independent counterclaims. As a result, the trial court did not err in granting summary judgment to Haywire and Multicast on Sampson’s counterclaim for attorney fees.

An attorney fee claim under § 13-6-11 is for the jury when the plaintiff’s underlying damages claims survive summary judgment.

Davis v. Overall · filed 2009-11-13

It follows that the trial court also erred in granting summary judgment to Overall on Davis and Farmer’s claim for attorney fees under OCGA § 13-6-11, because that issue is for the jury.

Section 13-6-11 permits a jury to award attorney fees even when the jury also resolves disputed facts in the underlying case.

Jones v. Forest Lake Village Homeowners Ass'n · filed 2010-06-18

The statute, therefore, contemplates that the facts in any given case may support an award of attorney fees, even if the case is resolved at trial, rather than by summary adjudication. We therefore decline to hold that a judge is barred from submitting the question of attorney fees to a jury, simply because the trial court has allowed a jury to decide other factual issues in the case.

Section 13-6-11 does not permit an award of attorney fees on summary judgment because liability and amount are for the factfinder to decide.

Crouch v. Bent Tree Community, Inc. · filed 2011-06-10

But because a trial court may not grant attorney fees pursuant to OCGA § 13-6-11 on summary judgment, we reverse that award.

Attorney fees under § 13-6-11 are part of the underlying case, so a judgment reserving those fees is not final for direct appeal.

SOTTER v. Stephens · filed 2012-05-07

Therefore, if the judgment reserves the issue of attorney fees under OCGA § 13-6-11, then one cannot claim that “the case is no longer pending in the court below” as required by OCGA § 5-6-34 (a) (1).

Section 13-6-11 does not permit a trial court to award attorney fees as a matter of law on summary judgment.

Meek v. Mallory and Evans, Inc. · filed 2012-11-08

Thus, the 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 does not permit a trial court to award attorney fees to a claimant as a matter of law on summary judgment.

Meek v. Mallory & Evans, Inc. · filed 2012-11-08

Thus, the 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 does not authorize a trial court to award attorney fees to a claimant on summary judgment.

Sherman v. Dickey · filed 2013-06-12

Accordingly, the trial court here was without authority to grant attorney fees pursuant to OCGA § 13-6-11 on summary judgment, and we reverse the trial court’s grant of summary judgment to that extent.

Section 13-6-11 permits attorney fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense; summary judgment on fees is premature while the underlying claims remain pending.

Bac Home Loans Servicing, L. P. F/K/A Countrywide Home Loans Servicing, L. P. v. Wedereit · filed 2014-07-08

Attorney fees are available “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. ... Summary judgment on Wedereit’s claims for attorney fees would be premature since his claims for breach of contract and wrongful foreclosure remain pending. Thus, the trial court properly denied summary judgment to BAC on Wedereit’s claims for attorney fees.

A claim for attorney’s fees under § 13-6-11 survives a motion to dismiss based on the failure of all substantive counterclaims when some of those claims remain viable.

New York Life Insurance v. Grant · filed 2014-10-28

Because the Court has ruled that all of Grant’s claims do not fail, New York Life’s motion to dismiss Grant’s claim for attorney’s fees is denied on this ground.

Section 13-6-11 leaves both liability for and the amount of attorney fees to the jury; a trial court cannot grant summary judgment awarding those fees to a claimant.

Northside Bank v. Mountainbrook of Bartow Homeowners Association, Inc. · filed 2016-07-14

“both the liability for and amount of attorney fees pursuant to OCGA § 13-6-11 are solely for the jury’s determination, and a trial court is not authorized to grant summary judgment in favor of a claimant therefor.”

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

Tisdale v. the Westmoore Group, LLC · filed 2017-05-23

Accordingly, the trial court here was without authority to award fees under OCGA § 13-6-11 on summary judgment, and we reverse the trial court’s award.

Liability for and the amount of attorney fees under § 13-6-11 are questions for the jury.

OCONEE FEDERAL SAVINGS AND LOAN ASSOCIATION v. BROWN Et Al. · filed 2019-07-17

“[B]oth the liability for and amount of attorney fees pursuant to OCGA § 13-6-11 are solely for the jury’s determination, [and] a trial court is not authorized to grant summary judgment in favor of a claimant therefor.” ... The trial court ... properly denied Oconee Federal’s motion for summary judgment as to the Browns’ claim for attorney fees.

A plaintiff is not entitled to summary judgment on attorney fees under § 13-6-11 while genuine factual disputes remain on the substantive claims.

Rouse v. City of Atlanta · filed 2020-02-10

Because fact issues remain on Rouse’s substantive claims, he is not entitled to attorney fees under OCGA § 13-6-11 as a matter of law.

A plaintiff-in-counterclaim asserting an independent claim may seek attorney fees and litigation expenses under § 13-6-11 whether the counterclaim is permissive or compulsory.

Srm Group, Inc. v. Travelers Property Casualty Company of America · filed 2020-04-06

Thus, a plaintiff-in-counterclaim asserting an independent claim may seek, along with that claim, attorney fees and litigation expenses under OCGA § 13-6-11, regardless of whether the independent claim is permissive or compulsory.

Section 13-6-11 leaves liability for and the amount of attorney fees to the jury, so a court cannot grant a claimant summary judgment on those fees.

WS CE RESORT OWNER, LLC v. HOLLAND · filed 2021-07-07

Consequently, the trial court erred by granting the Plaintiffs summary judgment on their claim for attorney fees under OCGA § 13-6-11.

Section 13-6-11 allows litigation expenses for bad faith or stubborn litigiousness, but a counterclaimant must prevail on an independent counterclaim to recover them.

Gill v. KAUR · filed 2021-11-30

Thus, under Georgia law because Ms. Kaur’s first counterclaim for fraud fails to withstand summary judgment, she cannot maintain an independent claim for attorney’s fees.

Section 13-6-11 leaves liability for and the amount of attorney fees to the jury, so a trial court cannot award them to a claimant on summary judgment.

TUGGLE v. AMERIS BANK AS SUCCESSOR OF HAMILTON STATE BANK · filed 2022-04-06

[B]ecause both the liability for and amount of attorney fees pursuant to OCGA § 13-6-11 are solely for the jury’s determination, a trial court is not authorized to grant summary judgment in favor of a claimant therefor.

Section 13-6-11 permits attorney’s fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense; an attorney’s fee claim may be resolved on summary judgment when there is no evidence of bad faith.

ANTHONY v. BARBAALVAREZ · filed 2022-09-09

However, where there is no evidence of bad faith, summary judgment on the attorney’s fee claim is proper. ... Plaintiff here has offered no evidence in support of his claim for attorney’s fees. The Court therefore grants Defendants’ motion for summary judgment as to this claim.

Attorney fees under § 13-6-11 are not automatic; the jury determines both entitlement to fees and their amount.

Personal Concierge Md, LLC v. Sg Echo, LLC · filed 2023-06-27

Finally, our reversal of Tenant’s breach of contract claim likewise revives his claim for attorney fees under OCGA § 13-6-11. However, as Landlord notes, Tenant’s entitlement to these fees is not automatic, as “both the liability for and amount of attorney fees pursuant to OCGA § 13-1-6-11 are solely for the jury’s determination[.]” Covington Square Assoc., LLC v. Ingles Mkt., Inc., 287 Ga. 445, 446 (696 SE2d 649) (2010).

Section 13-6-11 reserves the decision whether to award litigation expenses to the jury, so a trial court cannot award them on summary judgment.

JAMES SALTER v. ST. CHARLES HOMEOWNERS ASSOCIATION, INC. · filed 2023-06-28

Attorney fees cannot be awarded by a trial court pursuant to OCGA § 13-6-11 at the summary-judgment stage of proceedings because the very language of the statute — the jury may allow them — “prevents a trial court from ever determining that a claimant is entitled to attorney fees as a matter of law.”

Section 13-6-11 allows litigation expenses, including reasonable attorney fees, after default judgment when the plaintiff specifically requests them and alleges bad faith, stubborn litigiousness, or unnecessary trouble and expense.

RenewalMD, PC v. Shanklin · filed 2024-02-05

Plaintiff specifically sought attorneys’ fees in its Complaint and Amended Complaint. Moreover, the Amended Complaint plausibly alleges that Shanklin acted in bad faith, was stubbornly litigious, and caused Plaintiff unnecessary trouble an expense by refusing to fulfill his contractual obligations with no excuse for his failure.

Section 13-6-11 permits litigation expenses, including reasonable attorney fees, when the plaintiff requests them in the complaint and the defendant defaults; the amount remains subject to proof.

Daniel Defense, LLC v. The Tactical Edge, LLC · filed 2024-02-07

Accordingly, the Court grants default judgment to Plaintiff and against Defendant on the issue of liability as to Count V, and Defendant is liable for Plaintiff’s expenses of this litigation including reasonable attorneys’ fees under O.C.G.A. § 13-6-11.

A trial court cannot grant summary judgment to a claimant for attorney fees under § 13-6-11; the jury determines both entitlement and amount.

FREDDIE WAKEFIELD, JR. v. KISER · filed 2024-03-13

Consequently, the trial court’s grant of summary judgment on Kiser’s attorney fees claim pursuant to OCGA § 13-6-11 is reversed.