Ga. Code Ann. § 13-6-11

When a § 13-6-11 fee claim is tried in phases, the jury must not be left with a charge that could lead it to include attorney fees and litigation expenses in the first phase’s total damages.

Michael T. Smith as Administrator of the Estate of Ashley Amanda Claxton v. Adams · filed 2026-02-12

Under these circumstances, we conclude that the jury instruction could have confused the jury and that there is a reasonable likelihood that the jury improperly applied the trial court’s instruction and included some amount for attorney fees and expenses of litigation as part of the “total damages” on the verdict form.

A request for attorney fees under § 13-6-11 need not cite the section by number.

SPIRITS, INC. v. PATEL Et Al. · filed 2019-05-14

Nataraj was not required to specifically cite OCGA § 13-6-11 to request attorney fees.

Section 13-6-11 requires a plaintiff to specially plead and request litigation expenses; a general prayer for just and equitable relief is insufficient.

Preferred Risk Insurance v. Boykin · filed 1985-03-07

However, such a prayer in appellee’s complaint was not sufficient to state a claim for attorney fees, because OCGA § 13-6-11 expressly permits recovery of such expenses only “where the plaintiff has specially pleaded and has made prayer therefor.”

A party seeking bad-faith litigation expenses under § 13-6-11 must specially plead and request them; whether those expenses are warranted is for the jury.

Jamison v. West · filed 1989-05-03

Jamison’s recovery of expenses of litigation for “bad faith” pursuant to OCGA § 13-6-11 is precluded by his failure to initiate this issue by special pleading and prayer therefor. His demand for such damages was first raised by a “Petition for Amendment to Judgment” filed subsequent to the rendition of final judgment. Under the statute, it is a matter for jury determination as to whether such damages are warranted.

A plaintiff cannot recover attorney fees or litigation expenses under § 13-6-11 when the complaint alleges no conduct that would justify them.

Lawhorne v. Soltis · filed 1989-10-26

The complaint contained no allegations of bad faith, stubborn litigiousness, or any other conduct which would justify attorney fees or expenses of litigation under OCGA § 13-6-11. We therefore find that to the extent that the award of “costs” included attorney fees or expenses of litigation, it was not allowable and remand this case for a determination of costs consistent with this opinion.

Section 13-6-11 requires a plaintiff to plead and pray for litigation expenses in the complaint, and the factfinder must award them.

Williams v. Binion · filed 1997-08-05

This award also cannot stand as an award under OCGA § 13-6-11. Awards under this Code section must be prayed for in the complaint and must be awarded by the factfinder.

Section 13-6-11 requires a party to specifically plead and pray for attorney fees; a general request that omits the statute or its criteria is insufficient.

Department of Transportation v. Georgia Television Co. · filed 2000-06-30

A general request for attorney fees, without reference to OCGA § 13-6-11 or the criteria set forth therein, is not the specific pleading contemplated by the statute. The statute requires that the party specifically plead and pray for fees thereunder.

A request for attorney fees under § 13-6-11 must specifically plead the statute or its criteria; a general request for fees is insufficient.

Daniels v. Price Communications Wireless, Inc. · filed 2002-03-28

Daniels’ claim for attorney fees under OCGA § 13-6-11 fails ... because, although his prayer included a paragraph reading “[attorney fees and costs of litigation,” he did not “specially plead[ ]” for them as required by that statute.

Section 13-6-11 authorizes attorney fees when a plaintiff specifically requests them and cites the section or alleges one of its grounds for recovery.

Joyner v. Raymond James Financial Services, Inc. · filed 2004-07-30

Thus, OCGA§ 13-6-11 authorizes an award of attorney fees 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.

Section 13-6-11 requires a party to specially plead and request litigation expenses; a general prayer for relief is insufficient.

In re Estate of Adriance · filed 2004-08-16

When Gaess filed her motion in the probate court, she did not specially plead and pray for litigation expenses. And her general prayer for “such other and further relief as is mete and just” is not sufficient to state a claim of litigation expenses.

A claim for attorney fees under § 13-6-11 must adequately plead the section or its criteria as a basis for the award.

Lines v. City of Bainbridge · filed 2005-05-24

Appellants make no reference in their complaint to OCGA § 13-6-11 or the criteria set forth therein as a basis for their claim for attorney fees. Thus they have not adequately pled for such an award under the statute.

A plaintiff seeking litigation expenses under § 13-6-11 must specially plead and pray for them unless the issue is litigated at trial without objection.

Pipe Solutions, Inc. v. Inglis · filed 2008-05-01

Because appellant failed to plead damages specially pursuant to OCGA § 13-6-11 and did not litigate the issue of bad faith damages, it is not entitled to recover them pursuant to the statute.

Section 13-6-11 permits attorney fees when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense; a claim may survive dismissal if evidence supporting fees could be introduced under the pleadings.

Perry Golf Course Development, LLC v. HOUS. AUTH. OF CITY OF ATLANTA · filed 2008-11-05

Perry Golf seeks to recover attorney fees pursuant to OCGA § 13-6-11, which provides for the 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.” We reverse the trial court’s dismissal of this claim because, viewing the pleadings favorably to Perry Golf, we do not find that it “could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought.”

Section 13-6-11 requires a specific prayer for litigation expenses that refers to the section or alleges its statutory criteria; a general request for attorneys’ fees is insufficient.

Insituform Technologies, Inc. v. Amerik Supplies, Inc. · filed 2012-03-29

In this case, both of AMerik’s complaints contain a general prayer for attorneys’ fees, but neither refers to § 13-6-11 or alleges that Cosmic acted in bad faith, was stubbornly litigious, or caused AMerik unnecessary trouble and expense. Therefore, AMerik has failed to satisfy the pleading requirements of O.C.G.A. § 13-6-11, and the Court will not award AMerik attorneys’ fees under that statute.

Section 13-6-11 requires a plaintiff to specially plead attorney’s fees in addition to requesting them in the prayer for relief.

Ahmed v. Air France-KLM · filed 2016-02-25

The Court finds that Plaintiffs’ pleadings for “all costs deemed just and proper” do not suffice under the special pleading standards of O.C.G.A. § 13-6-11. The plain language of the statute required Plaintiffs to have “specially pleaded” attorneys fees’ in addition to making a prayer for attorneys’ fees.

Allegations that a defendant acted in bad faith, was stubbornly litigious, and caused unnecessary trouble and expense are sufficient to state a claim for attorney fees and expenses under § 13-6-11.

Lyle v. Fulcrum Loan Holdings, LLC · filed 2020-03-13

In support of this claim, the plaintiffs alleged that the defendants have acted in bad faith, been stubbornly litigious, and caused unnecessary trouble and expense. These allegations are sufficient to state a claim under OCGA § 13-6-11.

A claim for attorney fees under § 13-6-11 may proceed at the pleading stage when the alleged misconduct is accepted as true and an underlying claim survives.

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

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

A claim for attorney’s fees under § 13-6-11 can proceed at the motion to dismiss stage when the plaintiffs allege bad faith, stubborn litigiousness, or unnecessary trouble and expense and an underlying claim remains.

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

Because this Court must accept these factual allegations as true, and the Plaintiffs have one underlying claim at this time, these derivative claims can proceed at this stage.

Section 13-6-11 allows a claim for attorney fees when the plaintiff specifically requests them and alleges stubborn litigiousness.

Ambrosio v. Patrick M. Giordano, Jr. · filed 2021-03-16

In their initial complaint, the sellers made a specific prayer to recover attorney fees due to the buyers’ “stubborn and litigious actions.” Thus, the sellers properly pleaded a claim for attorney fees under OCGA § 13-6-11.

Section 13-6-11 does not create an independent cause of action, but a claim for litigation expenses may be pleaded in a separate count when connected to a substantive claim.

Kuchy v. Nidus Development LLC · filed 2022-09-22

Although O.C.G.A. § 13-6-11 does not create an independent cause of action, Nidus may nonetheless bring its claim for attorneys’ fees as a separate count because it brings the claim in connection with a separate substantive claim for relief—a claim for breach of contract.

Section 13-6-11 permits a plaintiff to plead attorney fees and litigation expenses when an underlying breach of contract claim survives dismissal.

Wasson v. ARCPE Holding, LLC · filed 2022-10-12

Having found that Wasson adequately stated a claim for breach of contract under an implied duty theory in Count II, the Court finds that Wasson may plead attorneys’ fees and litigation expenses.

Section 13-6-11 requires a plaintiff to specifically plead and request litigation expenses.

Wilson v. HH Savannah, LLC · filed 2022-09-26

Crucially, Section 13-6-11 applies only “where the plaintiff has specially pleaded and made prayer” for litigation expenses.

Section 13-6-11 requires a plaintiff to plead and request attorney fees in the complaint; raising the claim for the first time in a pretrial order does not suffice when the defendant objects.

Perkins v. City of Atlanta · filed 2024-08-21

We agree with the trial court that Perkins did not properly plead an OCGA § 13-6-11 claim in his complaint or amended complaint and, under the circumstances of this case, was precluded from raising the new claim in the pretrial order.

Section 13-6-11 requires a plaintiff to plead and request litigation expenses in the complaint; raising the claim for the first time in a pretrial order is insufficient when the defendant objects.

City of Atlanta v. Perkins · filed 2024-08-21

We agree with the trial court that Perkins did not properly plead an OCGA § 13-6-11 claim in his complaint or amended complaint and, under the circumstances of this case, was precluded from raising the new claim in the pretrial order.

Section 13-6-11 permits a claim for litigation expenses alongside a substantive claim, but the claimant must allege facts supporting it.

LORGUS v. TUREAU · filed 2024-09-04

Although the statute does not create an independent cause of action, a party may assert a claim under O.C.G.A. § 13-6-11 in connection with a substantive claim for relief, and he must allege facts to support such a claim.

Section 13-6-11 requires sufficient facts to support a reasonable inference of bad faith, stubborn litigiousness, or unnecessary trouble and expense; conclusory allegations do not suffice.

Owners Insurance Company v. Jones · filed 2024-08-29

Similarly, Futch’s conclusory allegations and shotgun pleadings do not establish an O.C.G.A. § 13-6-11 claim. Futch fails to plead sufficient facts from which the Court could draw a reasonable inference that Owners “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.

A plaintiff seeking litigation expenses under § 13-6-11 must plead facts supporting bad faith or stubborn litigiousness; alleging that the defendant forced the plaintiff to sue is insufficient.

HUMPHREY v. LOBMILLER · filed 2025-02-24

Plaintiffs do not spell out how Defendants acted in bad faith or how Defendants have been stubbornly litigious.

A request for attorney’s fees under § 13-6-11 fails when the plaintiff neither specifically pleads nor provides evidence of bad faith, stubborn litigiousness, or unnecessary trouble and expense.

Holbrook v. Gabriel · filed 2025-05-05

The Court agrees with the Defendants: Holbrook includes his request for attorney’s fees as a line in his prayers for relief, but he does not specifically plead (or provide evidence) that the Defendants “ha[ve] acted in bad faith, ha[ve] been stubbornly litigious, or ha[ve] caused the plaintiff unnecessary trouble and expense.” See O.C.G.A. § 13-6-11. The Court therefore grants summary judgment to the Defendants as to attorney’s fees.

An attorney fee claim under § 13-6-11 may proceed when the underlying inverse condemnation claim survives summary judgment.

Hayman v. Paulding County, Georgia · filed 2019-03-21

Based on our holding in Division 1 reversing the grant of summary judgment to the County as to the plaintiffs’ claim for inverse condemnation, we also reverse the grant of summary judgment as to their claim for attorney fees under OCGA § 13-6- 11.

Section 13-6-11 permits an attorney fee award against a county in an inverse condemnation action when the statutory grounds are shown.

Pribeagu v. Gwinnett County, Georgia · filed 2016-04-25

After Orwig II, the Georgia Supreme Court expressly held that a county is subject to a fee award under OCGA § 13-6-11, Forsyth County v. Martin, 279 Ga. 215, 219 (2) (a) (610 SE2d 512) (2005), and further that attorney fees under that statute may be recoverable in an inverse condemnation proceeding. ... Accordingly, the trial court erred in excluding evidence relating to the Pribeagus’ claim for attorney fees.

Section 13-6-11 permits a landowner who sues a condemnor to recover litigation expenses when the condemnor acted in bad faith.

DeKalb County v. Daniels · filed 1985-03-15

However, this court went on to note that “where the condemnee can leap the versus barrier [i.e., be a plaintiff] he may in a proper case, where the condemnor has proceeded in bad faith, recover his expenses of litigation.” Id. at 46. The appellee in the present case has presented just such a situation. He is the plaintiff in an action to recover from the government just and adequate compensation for the taking of his land for a public purpose. Furthermore, evidence was introduced that the county took appellee’s property without following the legal procedures for such a taking and then refused to pay compensation therefor when demand was made. Under those circumstances, we find no error in the award of attorney fees to appellee.

Section 13-6-11 permits an attorney fee award against a county in an inverse condemnation proceeding.

PRIBEAGU Et Al. v. GWINNETT COUNTY · filed 2016-04-13

After Orwig II, the Georgia Supreme Court expressly held that a county is subject to a fee award under OCGA § 13-6-11, Forsyth County v. Martin, 279 Ga. 215, 219 (2) (a) (610 SE2d 512) (2005), and further that attorney fees under that statute may be recoverable in an inverse condemnation proceeding. ... Accordingly, the trial court erred in excluding evidence relating to the Pribeagus’ claim for attorney fees.

Section 13-6-11 awards must be reduced when necessary to prevent recovery twice for the same litigation expenses.

Eways v. The Georgia Railroad Bank and Stewart O'Shell · filed 1986-12-22

Bad faith damages otherwise allowable under section 13-6-11 must be reduced, if necessary, to avoid a double award for the same litigation expenses.

Section 13-6-11 permits an attorney fee award for bad faith against one defendant even when a separate award under § 13-1-11 covers collection of a promissory note from another defendant.

Bloom v. Camp · filed 2016-04-21

Put another way, the judge’s award of attorney fees against Wood’s estate for the collection of the note according to the OCGA § 13-1-11 formula is a separate and distinct basis for the award of fees from the jury’s verdict for attorney fees against Bloom under OCGA § 13-6-11, based on bad faith, stubborn litigiousness, or causing unnecessary trouble and expense.

A jury award of litigation expenses as damages under § 13-6-11 does not reduce or bar a separate award under § 9-11-68 (b) (2).

Junior v. Graham · filed 2022-03-08

We granted Junior’s petition for a writ of certiorari to consider whether OCGA § 9-11-68 (b) (2) requires the trial court to deduct from the sanction any amount awarded by the jury as damages under OCGA § 13-6-11. Contrary to the decision of the Court of Appeals, we hold that the statutory schemes at issue do not provide for or compel any such set-off because they address different conduct of the defendant despite using a similar measure – attorney fees and litigation expenses – to calculate their respective amounts.

Section 13-6-11 permits a jury to award special master fees as litigation expenses even when the court initially assigned those fees to the claimant.

Interfinancial Midtown, Inc. v. Choate Constr. Co. · filed 2017-10-20

Based upon Choate's claim for expenses of litigation under OCGA § 13-6-11, the trial court did not err by denying appellants' motion for directed verdict in connection with these fees. The fact that the trial court had earlier determined that Choate would be responsible for the fees does not preclude the jury from awarding them as an expense of litigation.

Section 13-6-11 permits recovery of attorney fees incurred before suit if they are substantially related to the successful claim.

Interfinancial Midtown, Inc. v. Choate Construction Company · filed 2017-10-20

This Court has recognized that attorney fees incurred before suit is brought can be ... recovered under OCGA § 13-6-11 if they are substantially related to the ultimate prosecution of the successful claim. See Magnus Homes v. DeRosa, 248 Ga. App. 31, 34 (3) (545 SE2d 166) (2001). In this case, each of the defendants was found liable for bad faith, and the fees incurred before I-Properties was added to the complaint were substantially related to Choate’s ultimate success at trial.

Section 13-6-11 requires a plaintiff who prevails on only one claim to prove the amount of attorney fees and litigation expenses attributable to that claim.

Delphi Communications, Inc. v. Advanced Computing Technologies, Inc. · filed 2016-03-28

The evidence presented was insufficient to permit a trier of fact to determine what portion of the total amount of attorney time and litigation expenses incurred in this litigation was attributable to only the computer theft/computer trespass claim against Appellants. “Because [ACT] did not prove the amount of attorney fees attributable solely to the claim in which they prevailed, we hereby reverse the award.”

Section 13-6-11 does not limit a bad-faith litigation expense award to costs incurred on the particular issue showing bad faith.

McDonald v. Winn · filed 1990-02-09

Without citation of authority, defendants assert that an award of expenses of litigation pursuant to OCGA § 13-6-11 must be limited to an amount pertaining to a particular issue. Thus, defendants would have us rule, for example, that if they were in bad faith in denying the existence of the written agreement, only those expenses incurred in connection with proof of the written agreement should be awarded. We find no such limitation in OCGA § 13-6-11 and we will not impose one. In our view, a party acting in bad faith should pay the full price for losing.

Section 13-6-11 permits successful plaintiffs to recover attorney fees and litigation expenses only to the extent attributable solely to claims on which they prevailed.

Magnus Homes, LLC v. DeRosa · filed 2001-02-12

Successful plaintiffs may recover under OCGA § 13-6-11 attorney fees and expenses of litigation only to the extent they are attributable solely to the claims on which they prevailed.

Section 13-6-11 permits recovery only for litigation expenses attributable to the claim on which the party prevailed.

SKB Industries, Inc. v. Insite · filed 2001-06-25

Nevertheless, Insite was entitled only to expenses of litigation attributable solely to the promissory estoppel claim on which it prevailed.

Section 13-6-11 permits recovery of attorney fees only to the extent they are attributable to a claim on which the plaintiff prevailed.

JOEL, ATTORNEY AT LAW, PC v. Chastain · filed 2002-03-12

Nevertheless, Chastain was entitled only to attorney fees attributable to the breach of fiduciary duty claim on which she prevailed.

Section 13-6-11 attorney fees must be attributed to claims on which the plaintiff recovered damages.

D. G. Jenkins Homes, Inc. v. Wood · filed 2003-04-29

Because the Woods did not prove their attorney fees as attributable to each of the claims on which they were awarded damages, their negligence claims as not actionable, and punitive damages as having been awarded without particularity as upon all counts, we must reverse the award of attorney fees and punitive damages and remand the case for a new trial as to both issues.

Section 13-6-11 requires a plaintiff to prove which attorney fees and litigation expenses are attributable to a successful claim; a lump-sum total for the entire case is insufficient.

Premier Cabinets, Inc. v. Bulat · filed 2003-06-09

Under the applicable law, the award of attorney fees in the present case cannot be upheld as authorized pursuant to OCGA § 13-6-11. Because Bulat did not prove the amount of attorney fees and expenses attributable solely to the claim on which he prevailed, we hereby reverse the award and remand the case to the trial court with direction to conduct an evidentiary hearing to allow Bulat to establish the amount of his attorney fees that were attributable to his successful negligent construction claim.

Section 13-6-11 permits litigation expenses when fraud supports a finding of bad faith, but attorney fees are limited to the claim on which the plaintiff prevailed.

St. Paul Fire & Marine Insurance v. Clark · filed 2002-04-12

With regard to litigation expenses under OCGA § 13-6-11, an award of fees and expenses must be affirmed if there is any evidence to support it. ... Nevertheless, the Clarks were entitled only to attorney fees attributable to the claim on which they prevailed, i.e., the fraud claim.

Section 13-6-11 permits attorney fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense; a settlement does not reduce the award without evidence that it satisfied those fees.

Brewer v. Insight Technology, Inc. · filed 2009-11-30

Attorney fees may be awarded where a defendant has acted in bad faith, been stubbornly litigious, or caused the plaintiff unnecessary trouble and expense. ... Moreover, there is no evidence in the record to suggest that ITI received full satisfaction of its attorney fees through the settlement agreement with the joint tortfeasors. ... Consequently, Brewer has not shown by the record that the trial court erred when it declined to set off attorney fees from the total award.

Section 13-6-11 allows recovery of travel costs, including mileage, airfare, meals, and hotel stays, as expenses of litigation.

Circle Y Construction, Inc. v. WRH Realty Services, Inc. · filed 2010-07-08

Finally, Defendants assert that certain charges are not recoverable under O.C.G.A. § 13-6-11, specifically travel costs, such as mileage, airfare, meals and hotel stays. Defendants cite no case law that holds that these types of expenses are not included in the phrase “expenses of litigation.” Accordingly, the Court rejects this argument as well.

Section 13-6-11 allows attorney fees only for claims on which the plaintiff prevails, so the plaintiff must establish the amount attributable to those claims.

Terrell v. Pippart · filed 2012-03-01

As the Supreme Court made clear in United Cos. Lending Corp. v. Peacock, [267 Ga. 145 (475 SE2d 601) (1996),] attorney fees [under OCGA § 13-6-11] and other expenses of litigation may only be awarded as to claims on which the plaintiff is successful. ... Accordingly, because the evidence of attorney fees was in a lump sum and Pippart did not prove the amount of attorney fees attributable to his successful quantum meruit claim, we reverse the attorney fees’ award and remand the case to the trial court to allow Pippart to establish the amount of attorney fees attributable to the claim on which he prevailed.

Section 13-6-11 does not require attorney fees to be proportional to compensatory damages when bad faith is shown.

GT Software, inc. v. Webmethods, Inc. · filed 2012-03-05

The Supreme Court of Georgia has stated that there is no proportionality requirement between attorneys’ fees and compensatory damages where a showing of bad faith has been made under O.C.G.A. § 13-6-11. ... Accordingly, we find no merit in WM’s argument that it was error for the district court to allow an award of $517,168.34 in attorneys’ fees with just $325 in compensatory damages.

Section 13-6-11 includes attorney fees among recoverable expenses of litigation.

Thakkar v. Parikh · filed 2025-06-05

With regard to Defendants’ argument that we should construe the language of OCGA § 13-6-11 to exclude the award of attorney fees as part of the “expenses of litigation,” over 120 years of precedent belies this contention.

Section 13-6-11’s bad-faith attorney-fee remedy does not preclude a default sanction for a pattern of fraud.

Chemtall, Inc. v. Citi-Chem, Inc. · filed 1998-01-27

Finally, King is correct in pointing out that bad-faith attorney fees are available in diversity cases. See O.C.G.A. § 13-6-11. But the availability of that remedy does not preclude the imposition of another, especially where, as here, an unbroken pattern of commercial and litigational fraud hás been exposed.

Section 13-6-11 does not authorize dismissal as a sanction for abusive litigation.

Whitley v. Piedmont Hospital, Inc. · filed 2007-03-29

As none of our statutory provisions dealing with abusive litigation, see, e.g., OCGA §§ 13-6-11; 9-15-14; 51-7-81, authorize dismissal as a sanction, ... it is not readily apparent what standard should be employed in reviewing the trial court’s decision.

Section 13-6-11 permits recovery of litigation expenses on a surviving promissory estoppel claim, but claims for expenses tied to dismissed claims must also be dismissed.

Ridgeline Capital Partners, LLC v. Midcap Fin. Servs., LLC · filed 2018-09-24

The dismissal of some of Ridgeline's claims necessarily results in the dismissal of its derivative claims for attorneys' fees incurred in connection with those claims. However, expenses of litigation under O.C.G.A. § 13-6-11 are recoverable with respect to Ridgeline's surviving claim for promissory estoppel, ... and MidCap has failed to show that Ridgeline's expenses of litigation claim lacks merit as a matter of law.

Section 13-6-11 allows attorney fees and litigation expenses only when other damages are recoverable on an underlying claim.

Collins v. Athens Orthopedic Clinic · filed 2018-06-27

However, attorney fees and litigation expenses under OCGA § 13-6-11 are “ancillary and recoverable only where other elements of damage are recoverable on the underlying claim[s].” (Citation and punctuation omitted.) Sparra v. Deutsche Bank Nat. Trust Co., 336 Ga. App. 418, 423 (1) (f) (785 SE2d 78) (2016). Because of our decision in Division (2) (a) - (e), this claim does not survive.

A plaintiff must prevail on an underlying claim to recover litigation expenses under § 13-6-11.

Murray v. Ilg Techs., LLC · filed 2019-03-28

Under the statute, a plaintiff "must prevail on their basic cause of action in order to obtain litigation expenses." ... Because Plaintiffs do not have any viable claims remaining, they cannot be prevailing parties entitled to attorney's fees.

Section 13-6-11 does not permit attorney fees tied to a claim on which the defendant is entitled to summary judgment.

City of Gainesville v. Waldrip · filed 2018-03-16

Therefore, summary judgment should have been granted to the city and Waldrip's request for attorney fees under OCGA § 13-6-11 related to that claim should have been denied.

A claim for attorney fees under § 13-6-11 may proceed when an underlying claim survives and the fee claim was dismissed solely because the underlying claims were dismissed.

Everson v. Dekalb County School District · filed 2018-01-31

As the dismissal of Everson’s claims for punitive damages and OCGA § 13-6-11 attorney fees was dependent upon the dismissal of all of the underlying claims against Lewis, we also reverse the trial court’s dismissal of these claims to the extent they are asserted against Lewis in his individual capacity.

Section 13-6-11 provides no basis for attorney fees when the underlying damages are not recoverable.

Sampson v. Cureton · filed 2017-10-27

And given our decision in Division 1 (a), supra, OCGA § 13-6-11 provided no basis for an attorney fees award.

A claim for attorney fees under § 13-6-11 falls when the underlying claims are time-barred.

Denny Express Vinyl Siding, Inc. v. Boatright Roofing and General Contracting, Inc. · filed 2017-10-19

Our holding in Division 1, supra, ... requires that we likewise reverse the trial court’s denial of summary judgment to appellants on the Association’s claims for attorney fees pursuant to OCGA § 13-6-11, as such claims relate to buildings 1, 2, and 8-14.

Section 13-6-11 does not allow attorney fees when the claimant does not prevail on its claims.

Georgia Ass'n of Professional Process Servers v. Jackson · filed 2017-10-16

Because the Association did not prevail on its claims, the trial court correctly concluded that it was not entitled to attorney fees under OCGA § 13-6-11.

An attorney fee claim under § 13-6-11 is derivative and may remain pending when other claims that could support it remain in the case.

KAMMERER REAL ESTATE HOLDINGS, LLC v. FORSYTH COUNTY BOARD OF COMMISSIONERS · filed 2017-10-16

In their cross-appeal, the defendants note (correctly) that a claim for attorney fees under OCGA § 13-6-11 is a derivative claim, see Ga. Dept. of Corrections v. Couch, 295 Ga. 469, 474-475 (2) (a) (759 SE2d 804) (2014), and they urge that it cannot be brought as a claim derivative of a claim only for judicial review by writ of certiorari. ... Accordingly, at least for now, we cannot say that the trial court erred when it declined to dismiss the claim for attorney fees, and we affirm the denial of the motion to dismiss with respect to that claim.

A claim for attorney fees and litigation expenses under Section 13-6-11 may proceed to the extent it rests on claims that survive dismissal.

RES-GA YPL, LLC v. ROWLAND Et Al. · filed 2017-03-14

We likewise reverse the trial court’s dismissal of the claim for recovery of attorney fees and expenses to the extent it is predicated upon the surviving claims of YPL’s complaint.

Section 13-6-11 does not provide an independent claim for attorneys’ fees; a plaintiff who loses the underlying claims cannot recover fees under it.

Howell v. Fulford (In re Southern Home & Ranch Supply, Inc. ) · filed 2016-12-28

Therefore, as the Trustee has not succeeded under either of the primary counts of his complaint, he is not entitled to an award of attorneys’ fees.

A claim for litigation expenses under § 13-6-11 may proceed when the underlying claims proceed.

Abbasi v. Bhalodwala · filed 2015-12-03

The Defendants eontend this count should be dismissed because it is derivative of the other counts, which they believe should also be dismissed. Because other counts are going forward, this one may go forward, as well.

Section 13-6-11 permits litigation expenses only when the party recovers on another claim.

Phillips v. Ocwen Loan Servicing, LLC · filed 2015-03-12

Having granted summary judgment for Defendant on Plaintiffs substantive claims for wrongful attempted foreclosure, false light invasion of privacy and breach of contract, Plaintiff cannot recover punitive damages or litigation expenses, and he cannot obtain injunctive relief.

An attorney-fee award under § 13-6-11 must be reversed when all underlying theories of recovery fail.

First Bank of Georgia v. Robertson Grading, Inc. · filed 2014-07-31

In light of our disposition of this case in Divisions 1 through 3, the jury’s award of attorney fees to Robertson Grading pursuant to OCGA § 13-6-11 must also be reversed.

Section 13-6-11 allows litigation expenses only on claims on which the plaintiff prevails.

Rigby v. Flue-Cured Tobacco Cooperative Stabilization Corporation · filed 2014-03-28

With respect to Count 6, which sought attorney fees for enforcing contract rights, we have upheld the grant of summary judgment in favor of the Tobacco Cooperative on these contractual claims. Consequently, the Plaintiffs’ claim for attorney fees in Count 6 fails as a matter of law.

A party cannot recover attorney fees and costs under § 13-6-11 when all underlying claims fail.

Carroll v. Board of Regents of the University System of Georgia D/B/A the University of Georgia · filed 2013-11-12

Given that Carroll’s underlying claims all fail, it follows that she cannot recover on her claim for attorney fees and costs under OCGA § 13-6-11.

Section 13-6-11 does not allow recovery of attorney fees and costs when all underlying claims fail.

Carroll v. Board of Regents of University System · filed 2013-11-12

Given that Carroll’s underlying claims all fail, it follows that she cannot recover on her claim for attorney fees and costs under OCGA § 13-6-11.

Section 13-6-11 attorney’s fees are unavailable when the underlying claims fail.

Accessory Overhaul Group, Inc. v. Mesa Airlines, Inc. · filed 2014-01-21

AOG also seeks attorney’s fees under O.C.G.A. § 13-6-11 and prejudgment interest under O.C.G.A. § 7-4-15. Because AOG’s underlying claims fail, Mesa is also entitled to summary judgment on these claims.

Section 13-6-11 does not support an attorney-fee claim when the underlying claims fail.

Zarach v. Atlanta Claims Ass'n · filed 1998-03-11

In light of our decisions in Divisions 2 and 3 determining that plaintiffs have no claims against Claxton for libel or invasion of privacy, we -also find that the trial court should have granted summary judgment in favor of Claxton on plaintiffs’ claims for punitive damages and attorney fees.

Section 13-6-11 does not allow attorney fees or other litigation expenses when there is no liability for compensatory damages.

Instrument Repair Service, Inc. v. Gunby · filed 1999-05-18

The absence of liability for compensatory damages precludes an award of OCGA § 13-6-11 attorney fees or other expenses of litigation.

Attorney fees under § 13-6-11 cannot stand when the only compensatory damages award is reversed.

Kilburn v. Patrick · filed 1999-11-09

As the jury awarded no actual damages on the breach of fiduciary duty claim, the only damages awarded stemmed from the conversion claim. As we reversed the directed verdict on conversion, the award of punitive damages and attorney fees cannot stand.

Section 13-6-11 permits an attorney fee award even when the plaintiff recovers only nominal damages.

Tyler v. Lincoln · filed 2000-02-28

The Court of Appeals likewise erred in affirming the trial court’s grant of summary judgment to the developers on the Tylers’ request for attorney fees under OCGA § 13-6-11. The statute authorizes an attorney fee award even when nominal damages are recovered.

Section 13-6-11 allows recovery of litigation expenses as an additional element of damages in limited circumstances; it does not create an independent claim.

Lamb v. Salvage Disposal Co. of Georgia · filed 2000-05-25

Lamb’s argument overlooks the fact that OCGA § 13-6-11 does not create an independent cause of action but merely permits in certain limited circumstances the recovery of the expenses of litigation incurred as an additional element of damages.

Section 13-6-11 does not provide attorney fees and litigation expenses for an unsuccessful contractual commission claim.

King Industrial Realty, Inc. v. Worthington Custom Plastics, Inc. · filed 2001-05-07

Thus, the trial court properly held that King was not entitled to a commission or to its attorney fees and expenses for pursuing this litigation.

A plaintiff that loses its underlying claims and is entitled to no general damages cannot recover attorney fees or litigation expenses under § 13-6-11.

Vernon Library Supplies, Inc. v. Ard · filed 2001-06-05

However, ... since VLS is not entitled to any general damages, the trial court correctly found for Ard on the claims for attorney fees and the expenses of litigation under OCGA § 13-6-11.

Section 13-6-11 does not allow attorney fees for an unsuccessful effort to obtain injunctive relief.

Parkside Center, Ltd. v. Chicagoland Vending, Inc. · filed 2001-07-16

Since the equitable injunctive relief sought was denied, Chicagoland was not entitled to attorney fees under OCGA § 13-6-11 related to this effort.

A claim for litigation expenses under § 13-6-11 may proceed when the underlying tort claim is reinstated.

State Soil & Water Conservation Commission v. Stricklett · filed 2001-10-23

Since dismissal of the intentional infliction of emotional distress claim has been reversed, the dismissal of the claim based on OCGA § 13-6-11 is also reversed.

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

Duffy v. Landings Ass'n, Inc. · filed 2002-03-27

Once the trial court declined to certify the class action claim, nothing remained to which the claim for attorney fees could be attached, and the amendment thus fell with the class action claim. “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.”

Section 13-6-11 permits attorney fees only when the party seeking them prevails on the underlying cause of action.

Parker v. Clary Lakes Recreation Assn. · filed 2004-01-08

This contention is without merit, because a party cannot receive attorney fees under OCGA § 13-6-11 unless he prevails on his basic cause of action.

Section 13-6-11 does not allow attorney fees or litigation expenses when no underlying claim remains against the defendant.

R. W. Holdco, Inc. v. Johnson · filed 2004-06-15

ADT argues that it is entitled to summary judgment on Holdco’s claims for remedies under OCGA § 13-6-11 and for punitive damages, and we agree. ... It follows that no claims remain against ADT as to which either attorney fees and expenses or punitive damages may be awarded.

Section 13-6-11 does not create an independent claim for litigation expenses; recovery requires a viable underlying claim.

Sandy Springs Toyota v. Classic Cadillac Atlanta Corp. · filed 2004-09-03

A claim for expenses of litigation under OCGA § 13-6-11 is not an independent cause of action.

Section 13-6-11 requires an underlying claim before a plaintiff can recover attorney’s fees.

Gilmour v. Gates, McDonald & Co. · filed 2004-09-03

The attorney’s fees provision invoked by Gilmour in her complaint, O.C.G.A. Section 13-6-11, requires an underlying claim.

Section 13-6-11 requires relief on an underlying claim before a plaintiff can recover litigation expenses.

Munson v. Strategis Asset Valuation and Management, Inc. · filed 2005-02-18

Section 13-6-11 allows a plaintiff to recover the expenses of litigation when the defendant “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” Because Munson has not prevailed on his substantive claims, his claim for attorney’s fees fails as well.

Section 13-6-11 does not allow a plaintiff to recover attorneys’ fees when its claim fails on the merits and it alleges no other bad faith or wrongdoing.

City of Lawrenceville v. Ricoh Electronics, Inc. · filed 2005-03-04

As the Plaintiffs claim fails on the merits and the Plaintiff asserts no other allegations of bad faith or wrongdoing, the Plaintiff is precluded from recovering attorneys’ fees under O.C.G.A. § 13-6-11.

Section 13-6-11 allows litigation expenses as an additional element of damages and does not create an independent cause of action.

Franklin Credit Management Corp. v. Friedenberg · filed 2005-08-25

Franklin begins its argument with the premise that Friedenberg’s attempts to recover loss-of-credit damages, punitive damages, and attorney fees under OCGA § 13-6-11 were each separate and independent claims. The law does not support the concept that pursuing each type of damages flowing from a specific tort is a separate and independent cause of action.

Section 13-6-11 permits attorney fees only when the claimant receives damages or other relief on the underlying claim.

City of Lawrenceville v. Ricoh Electronics, Inc. · filed 2006-03-31

Lawrenceville’s recourse to O.C.G.A § 13-6-11 is unavailing, for “[a] prerequisite to any award of attorney fees under O.C.G.A. § 13-6-11 is the award of damages or other relief on the underlying claim.” United Cos. Lending Corp. v. Peacock, 475 S.E.2d 601, 602 (Ga. 1996); see Gilmour v. Gates, McDonald and Co., 382 F.3d 1312, 1316 (11th Cir. 2004) (per curiam).

Section 13-6-11 does not allow attorney fees and expenses when no underlying claim remains.

Harden v. Clarke County Board of Education · filed 2006-05-23

“[i]t follows that no claims remain against [defendants] as to which either attorney fees and expenses or punitive damages may be awarded. [Cit.]”

Section 13-6-11 bars recovery of attorney fees when the plaintiff’s claim fails as a matter of law.

McClung v. Atlanta Real Estate Acquisitions, LLC · filed 2006-10-31

The fact that AREA’S claim fails as a matter of law, therefore, bars its recovery of attorney fees under OCGA § 13-6-11.

Section 13-6-11 permits an award of attorney fees only when the claimant receives damages or other relief on the underlying claim.

Morris v. Pugmire Lincoln Mercury, Inc. · filed 2007-01-08

“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.” ... Thus, in light of our ruling in Division 1 above, the trial court did not err in granting Pugmire’s motion for summary judgment as to Morris’s claims for attorney fees, costs, and punitive damages.

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

Freeman v. Wheeler · filed 2006-01-31

As to attorney fees and expenses of litigation under OCGA§ 13-6-11, these damages are ancillary and recoverable only where other elements of damage are recoverable on the underlying claim.

Section 13-6-11 permits attorney fees and litigation expenses only when the plaintiff prevails on an underlying claim or remedy.

Davis v. Johnson · filed 2006-07-07

Because attorney fees awarded under OCGA § 13-6-11 are ancillary and recoverable only when a plaintiff prevails on an underlying claim or remedy, we reverse the trial court’s judgment awarding the Johnson Family attorney fees and direct the trial court to strike Part V of the jury verdict.

Section 13-6-11 litigation expenses are ancillary and cannot be recovered when no damages are awarded.

Chong v. REEBAA CONST. CO., INC. · filed 2007-03-23

Finally, Chong argues that the trial court erred in entering judgment upon the jury’s verdict of $140,000 in attorney fees pursuant to OCGA § 13-6-11. While Chong contends that the award was unauthorized since there was a bona fide dispute between the parties, we do not reach the merits of this issue. In light of our reversal of the damages award on the breach of contract claim in Division 1, the award of attorney fees to Reebaa Construction must also be reversed. “Because litigation expenses (costs and attorney fees) are wholly ancillary, they are not recoverable when no damages are awarded.”

Section 13-6-11 permits recovery of litigation expenses and attorney fees only when the party recovers damages on a substantive claim.

Quantum Trading Corp. v. Forum Realty Corp. · filed 2006-03-08

Forum sought fees pursuant to OCGA § 13-6-11. A party may not recover litigation expenses and attorney fees under this provision unless he or she recovers damages on a substantive claim.

Section 13-6-11 does not allow a party to recover litigation costs when it cannot prevail on any of its claims.

Morgan v. Richard Bowers & Co. · filed 2006-06-20

Because Bowers & Co. cannot prevail on any of its claims against Morgan, it cannot recover litigation costs against Morgan under OCGA § 13-6-11.

Section 13-6-11 does not allow attorney fees when general damages are not awarded.

Amstead v. McFarland · filed 2007-07-17

Similarly, a claim for attorney fees under OCGA § 13-6-11 will not lie when general damages are not awarded.

An attorney fees award under § 13-6-11 must be reversed when the underlying damages award is reversed because litigation expenses are ancillary to damages.

Building Materials Wholesale, Inc. v. Triad Drywall, LLC · filed 2007-10-10

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

Attorney fees under § 13-6-11 require a supported underlying claim against the defendant.

Clarendon National Insurance Co. v. Johnson · filed 2008-07-11

Because no evidence supports Johnson’s underlying claim against appellants, appellants are entitled to judgment notwithstanding the verdict on Johnson’s claim for attorney fees under OCGA § 13-6-11.

Section 13-6-11 attorney’s fees require an award of relief on an underlying claim.

OFS FITEL, LLC v. Epstein, Becker and Green, PC · filed 2008-11-28

And under Georgia law, neither an O.C.G.A. § 13-6-11 attorney’s fee claim nor an O.C.G.A. § 51-12-5.1 punitive damages claim can survive without an award of relief on an underlying claim.

Section 13-6-11 permits recovery of attorney fees and litigation expenses only when the claimant succeeds on another claim.

Lee v. Georgia Power Co. · filed 2009-02-16

An award of attorney fees and expenses of litigation under OCGA § 13-6-11 is ancillary, and a party may recover them only if the jury finds in his favor on another claim.

Section 13-6-11 does not permit an attorney-fee award when general damages are not awarded.

Dowdell v. Krystal Co. · filed 2008-04-21

A claim for attorney fees under OCGA § 13-6-11 will not lie when general damages are not awarded.

An attorney fee award under § 13-6-11 must be reversed when the underlying judgment for the recipient is reversed.

Employees' Retirement System of Georgia v. Melton · filed 2008-11-18

Because we have reversed the grant of summary judgment to Melton, we must also reverse the trial court’s award of attorney fees under OCGA § 13-6-11.

Attorney fees under § 13-6-11 are not recoverable when the claimant fails to prevail on the underlying claim.

Fine v. Communication Trends, Inc. · filed 2010-07-16

Because Fine and Allscope failed to prevail on their underlying defamation claims, their ancillary claims for punitive damages and attorney fees under OCGA § 13-6-11 were not recoverable.

A claim for attorney’s fees under § 13-6-11 requires an underlying claim.

Wood v. Archbold Medical Center, Inc. · filed 2010-09-13

The Eleventh Circuit has held that a claim for attorney’s fees under § 13-6-11 requires an underlying claim. ... Like the punitive damages claim, no claim exists to which an attorney’s fees claim can attach. Defendants Hicks and Santos are entitled to summary judgment in their favor on Count XIII.

Section 13-6-11 allows attorney fees only if the claimant obtains damages or other relief on the underlying claim.

Williams v. JET ONE JETS, INC. · filed 2010-11-19

In addition, a “prerequisite to any award of attorney fees under O.C.GA. § 13-6-11 is the award of damages or other relief on the underlying claim.” ... The Court’s grant of summary judgment to AmEx and AEIS on Williams’s underlying claims precludes any recovery by Williams of his attorneys’ fees pursuant to O.C.G.A. § 13-6-11.

Section 13-6-11 does not support an attorney fees claim against a defendant when no damages claim remains against that defendant.

GEORGIACARRY. ORG, INC. v. City of Roswell · filed 2009-07-02

Because GeorgiaCarry has no remaining claim for damages against Roswell and Sandy Springs, GeorgiaCarry’s claims of error regarding its claim against these defendants for attorney fees under OCGA § 13-6-11 are moot.

Attorney fees under § 13-6-11 are ancillary to compensatory damages, so reversing the compensatory award requires a new trial on attorney fees as well.

Green v. KEY CUSTOM HOMES, INC. · filed 2010-03-11

But because we have reversed the award of compensatory damages, we do not reach the merits of the Greens’ attorney fee argument as such damages are merely ancillary to the compensatory damage award. Accordingly, we remand the case for a new trial on both compensatory damages and attorney fees.

Section 13-6-11 permits fees on a promissory estoppel claim if the claimant prevails and the evidence supports a finding of bad faith.

Brown v. Rader · filed 2009-07-10

The Browns would be entitled to fees expended on their promissory estoppel claim only if they eventually prevail on that claim. ... Here, a factfinder could conclude from the apparently bitter nature of the underlying dispute that the Raders’ failure to perform some substantial portion of their promises was the result of bad faith. ... It follows that the trial court erred when it granted summary judgment to the Raders concerning the fees expended on the Browns’ promissory estoppel claim.

Section 13-6-11 attorney fees require damages or other relief on an underlying claim; when all substantive claims are dismissed, the fee claim must also be dismissed.

Professional Energy Management, Inc. v. Necaise · filed 2009-09-25

Accordingly, having granted PEM’s motion to dismiss all of Necaise’s substantive counterclaims, the trial court erred as a matter of law in failing to also dismiss his claim for attorney fees under OCGA § 13-6-11.

A plaintiff must prevail on its underlying claims to recover attorneys’ fees and expenses under § 13-6-11.

Graphic Packaging Holding Company vs Humphrey · filed 2010-11-16

In order to prevail on such a claim, a plaintiff must first prevail on its underlying claims.

Section 13-6-11 requires an award of damages or other relief on the underlying claim before attorney’s fees and litigation expenses may be awarded.

Arch Insurance v. Clements, Purvis & Stewart, P.C. · filed 2011-01-25

Because the Court dismisses Plaintiffs underlying substantive claim, the Court must also dismiss Plaintiffs claim under O.C.G.A. § 13-6-11 for attorney’s fees and litigation expenses.

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

AAF-McQuay, Inc. v. Willis · filed 2011-03-04

But, as explained supra in Division 2, the trial court properly granted summary judgment to Willis on the guaranty counterclaim, and “[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.” ... As such, attorney fees could not be predicated on the guaranty counterclaim.

Section 13-6-11 does not create an independent cause of action, but a claim for attorney fees and litigation expenses may proceed when the underlying contractual indemnity claim survives dismissal.

City of Atlanta v. BENATOR · filed 2011-07-06

the city’s claim for attorney fees and expenses of litigation under OCGA § 13-6-11 should have been dismissed because the city failed to assert an independent claim against them. See Waters v. Glynn County, 237 Ga. App. 438, 440 (3) (514 SE2d 680) (1999) (OCGA § 13-6-11 does not create independent cause of action). Based on our holding in Division 7 (a) that the city’s claim for contractual indemnity survives, this argument has no merit.

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

Savage & Turner, P.C. v. Fidelity & Deposit Co. · filed 2011-08-10

Likewise, summary judgment is also granted as to Plaintiffs’ claim under O.C.G.A. § 13-6-11 for attorneys’ fees. See United Cos. Lending Corp. v. Peacock, 267 Ga. 145, 475 S.E.2d 601, 602 (1996) (“A prerequisite to any award of attorney fees under O.C.G.A. § 13-6-11 is the award of damages or other relief on the underlying claim.”).

Section 13-6-11 does not allow attorney fees when the claimant fails to establish its underlying claim.

City of College Park v. Georgia Interlocal Risk Management Agency · filed 2011-10-11

College Park contends that the trial court erred in granting summary judgment in GIRMA’s favor with respect to the claim for attorney fees under OCGA § 13-6-11. Given our holdings in Divisions 1 and 2, ... College Park has failed to show that it is entitled to attorney fees under that statute.

A claim for litigation expenses under § 13-6-11 fails when the underlying claims must be dismissed.

Georgia Department of Community Health v. Data Inquiry, LLC · filed 2012-01-25

Given our conclusions in Divisions 1 and 2, supra, that Data Inquiry’s contract and equity claims must be dismissed, it follows that Data Inquiry cannot prevail on its only remaining claims, which are for attorney fees under the terms of the proposed agreement and pursuant to OCGA § 13-1-11 (a) or § 13-6-11.

Section 13-6-11 allows recovery of litigation expenses only when the plaintiff has an underlying claim.

Bouboulis v. Scottsdale Insurance · filed 2012-03-16

Expenses of litigation are available under O.C.G.A. § 13-6-11 only when plaintiff has an underlying claim.

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

CABREL v. Lum · filed 2011-05-31

Since the daughters were not awarded any damages, they could not recover attorney fees pursuant to OCGA § 13-6-11.

An attorney fees award under § 13-6-11 is void if the claimant receives no other damages or affirmative relief, and failure to object to the verdict form does not waive that defect.

BENCHMARK BUILDERS, INC. v. Schultz · filed 2011-06-13

An award of attorney fees but no other damages or affirmative relief under a statute that authorizes an award of attorney fees to the “prevailing party” is illegal and void, not merely erroneous and voidable. ... Although OCGA § 13-6-11 does not use the term “prevailing party,” the same rule applies. ... Accordingly, to the extent that the attorney fees award to the Schultzes was based on OCGA § 13-6-11, the Court of Appeals erred in relying on waiver to affirm the award.

Attorney fees under § 13-6-11 are unavailable when the claimant receives no damages or affirmative relief.

Boatright v. Glynn County School District · filed 2012-03-22

Having been awarded no damages or affirmative relief, Boatright is not entitled to attorney fees.

A claim for attorney fees under § 13-6-11 remains viable when summary judgment on the underlying claim is reversed.

Coca-Cola Bottlers' Sales & Services Co. LLC v. Novelis Corp. · filed 2011-07-07

Because we have held in Division 2 that the trial court erred in granting summary judgment to Novelis on CCBSS’s claim that Novelis offered a lower conversion price to CCBSS’s competitors, we must also reverse the grant of summary judgment to Novelis on CCBSS’s claim for attorney fees pursuant to OCGA § 13-6-11.

Section 13-6-11 permits a successful plaintiff to recover attorney fees in certain circumstances but does not create an independent cause of action.

Monge v. Madison County Record, Inc. · filed 2011-08-04

Because Monge cannot assert a separate cause of action pursuant to section 13-6-11, Count Seven does not state a claim.

An attorney-fee claim under § 13-6-11 cannot stand when its underlying tort claim fails.

Brathwaite v. Fulton-Dekalb Hospital Auth. · filed 2012-06-29

In the absence of an underlying tort, there was nothing on which to base Brathwaite’s claims for negligent hiring, retention, and supervision, or for the imposition of attorney fees.

Section 13-6-11 attorney’s fees cannot survive summary judgment when the plaintiff cannot prevail on any underlying claim.

Moon v. Cincinnati Insurance · filed 2013-09-23

Likewise, because the Plaintiffs cannot prevail on any of their claims, their causes of action for Attorney’s Fees and Punitive Damages cannot survive summary judgment.

Section 13-6-11 does not permit recovery of attorney fees without an award of damages or other relief on an underlying claim.

Security Real Estate Services, Inc. F/K/A Fairfield Financial Services, Inc. D/B/A Security Mortgage v. First Bank of Da · filed 2013-11-20

This Court has consistenly found that “[a]ttorney fees are not recoverable under OCGA § 13-6-11 where there is no award of damages or other relief on any underlying claim.” ... Because First Bank is not entitled to attorney fees and expenses under OCGA § 13-6-11 as a matter of law, the trial court erred in denying SRES’s motion for summary judgment on this count.

Section 13-6-11 does not allow an award of attorney fees and litigation expenses when the underlying claims fail.

McG Health, Inc. v. Kight · filed 2013-11-22

Because Kight’s underlying claims against the lien failed, he was not entitled to an award of attorney fees and expenses of litigation pursuant to OCGA § 13-6-11.

A claim for attorney fees under § 13-6-11 can survive summary judgment when the plaintiff’s underlying claims remain pending.

McDaniel v. Suntrust Bank (In re McDaniel) · filed 2014-12-22

Therefore, because Plaintiffs claim in Counts 7(A)(1) and 7(A)(2) remain, summary judgment as to her claim for attorney fees is not appropriate. Accordingly, the Court denies the Defendants’ Motion as to the issue of attorney fees pursuant to O.C.G.A. § 13-6-11.

Attorney’s fees under § 13-6-11 require an award of damages or other relief on the underlying claim.

Wilson v. International Business Machines Corporation · filed 2015-05-11

Because summary judgment in favor of IBM was appropriate on the breach of contract claim, Mr. Wilson is not entitled to attorney’s fees under § 13-6-11.

Attorney fees under § 13-6-11 are unavailable when the plaintiff has no viable underlying claim for damages.

SPARRA v. DEUTSCHE BANK NATIONAL TRUST COMPANY Et Al. · filed 2016-03-25

Sparra also asks for both punitive damages and attorney fees under OCGA § 13-6-11. However, Sparra is not entitled to either because he has failed to state a claim upon which relief could be granted with respect to his substantive claims for relief.

Section 13-6-11 requires a claimant to obtain relief on the underlying claim before recovering attorney fees and litigation expenses.

RIGBY Et Al. v. FLUE-CURED TOBACCO COOPERATIVE STABILIZATION CORPORATION · filed 2016-11-03

Because Appellants did not prevail on their only remaining claim, summary judgment was properly granted on their claim for attorney fees and expenses under OCGA § 13-6-11.

Section 13-6-11 does not allow attorney fees when the claimant has not prevailed on any underlying claim.

Examination Management Services, Inc. v. Steed · filed 2016-12-15

Finally, Steed is not entitled to punitive damages or attorney fees under OCGA § 13-6-11 because, given the outcome of this appeal, he has not prevailed on any of the claims asserted in his complaint.

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

CLARY Et Al. v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY · filed 2017-02-02

But expenses of litigation are not recoverable pursuant to OCGA § 13-6-11 unless other elements of damages are recoverable. ... Because Allstate has prevailed on each of the substantive counts of the Clarys’ complaint, it necessarily follows that it is also entitled to summary judgment on the claim for attorney fees.

Section 13-6-11 requires an underlying Georgia tort claim to support an award of attorney’s fees.

Perkins v. Thrasher · filed 2017-07-19

At any rate, Perkins’s Georgia state law claims for punitive damages under O.C.G.A § 51-12-5.1 and attorney’s fees under O.C.G.A. § 13-6-11 are derivative of Georgia tort law claims and thus require an underlying claim.

Section 13-6-11 does not support a claim for litigation expenses when the plaintiff’s substantive claims fail on summary judgment.

Sanders v. Quiktrip Corp. · filed 2019-03-29

Insofar as Defendant is entitled to summary judgment on Plaintiffs' substantive claims, Defendant also is entitled to summary judgment on the bad faith claim under both statutes.

Section 13-6-11 requires a viable underlying claim to recover attorney’s fees and litigation expenses.

Clifton v. Jeff Davis County, Georgia · filed 2019-06-05

Like a claim for punitive damages, a claim for attorney’s fees under Georgia law requires a viable underlying claim. ... Because none of his claims survive summary judgment, Plaintiff’s claims for attorney’s fees also fail.

Section 13-6-11 permits recovery of litigation expenses only when the plaintiff can recover damages or other relief on an underlying claim.

HESSMORGANHOUSE LLC v. THE KINGDOM GROUP OF COMPANIES LLC · filed 2019-08-26

“The expenses of litigation recoverable pursuant to O.C.G.A. § 13-6-11 are ancillary and may only be recovered where other elements of damage are recoverable.” Id. Based on the Court’s conclusion that under the unambiguous terms of the contract The Kingdom Group has not breached the agreement between the parties, HMH is not entitled to an award of attorney’s fees as a matter of law, and summary judgment is appropriate.

Section 13-6-11 requires a viable underlying claim to recover attorney’s fees and litigation expenses.

Taylor v. Villegas · filed 2019-09-28

Like a claim for punitive damages, a claim for attorney’s fees under Georgia law requires a viable underlying claim.

Section 13-6-11 requires a plaintiff to succeed on an underlying claim before recovering attorney’s fees and costs.

POWELL v. SHEFFIELD · filed 2020-01-28

Plaintiffs must succeed on their claims to seek an award of attorney’s fees and costs.

Section 13-6-11 allows attorney fees and litigation expenses as ancillary relief when damages are recoverable on an underlying claim.

Collins v. Athens Orthopedic Clinic · filed 2020-09-25

Attorney fees and litigation expenses under OCGA § 13-6-11 “are ancillary and recoverable only where other elements of damage are recoverable on the underlying claim[s].” (Citation and punctuation omitted.) Sparra v. Deutsche Bank Nat. Trust Co., 336 Ga. App. 418, 423 (1) (f) (785 SE2d 78) (2016). Because, as stated above, and as the Clinic concedes, the plaintiffs may proceed with their negligence and breach of implied contract claims, it was error to dismiss the claim for attorney fees.

A claim for attorney fees under § 13-6-11 is derivative and fails when all substantive claims fail.

Oconee Federal Savings and Loan Association v. Brown · filed 2019-07-25

Because we have found that all of the Browns’ substantive claims are subject to summary judgment, their derivative claims for attorney fees and punitive damages likewise fail.

Attorney fees under § 13-6-11 require success on the underlying claim; a proposed fee class cannot be certified when each member’s success requires an individual inquiry.

MORROW v. ALLSTATE INDEMNITY COMPANY · filed 2020-04-07

“A party cannot receive attorney fees under O.C.G.A. § 13-6-11 unless it prevails on its basic cause of action.” ... As discussed above, whether any one class member will prevail on his or her failure to assess claim requires individualized inquires which preclude class certification.

A claim for litigation expenses under § 13-6-11 remains viable when the underlying claim survives a motion to dismiss.

Cuffie v. Armstrong · filed 2020-05-19

Finally, although the parties do not address the claim for attorney fees under OCGA § 13-6-11 in their briefs, because we affirm the denial of the motion to dismiss the claim based on the ERISA lien, the claim for attorney fees remains viable.

A claim for litigation expenses under § 13-6-11 may proceed to trial when a viable tort claim remains; an attorney-fee award requires evidence of the reasonable value of the services.

Suntrust Mortgage, Inc. v. Foxfire Acres, Inc. · filed 2020-07-13

For reasons explained above, McCalla and SMI’s attack upon these derivative claims as lacking an underlying tort claim is unavailing. And while McCalla and SMI are correct in that “an award of attorney fees is to be determined upon evidence of the reasonable value of the professional services which underlie the claim for attorney fees,” Patton v. Turnage, 260 Ga. App. 744, 748 (2) (580 SE2d 604) (2003), the trial court did not err by allowing these derivative claims to proceed to trial.

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

North Walhalla Properties, LLC v. Kennestone Gates Condominium Association, Inc. · filed 2021-02-04

As Walhalla lacked standing to assert the claims for damages alleged in its complaint, it was not entitled to attorney fees and costs under OCGA § 13-6-11, much less an offset or reduction in the amount owed to Kennestone on its counterclaim.

An attorney fee claim under § 13-6-11 fails when no underlying substantive claim remains.

Hillard v. ILG Technologies, LLC · filed 2021-09-17

Finally, with no substantive claims remaining, the Plaintiffs’ claims for attorneys’ fees under O.C.G.A. § 13-6-11 fail, as well.

A claim for attorneys’ fees under § 13-6-11 fails when no underlying substantive claim remains.

Thomas v. ILG Technologies, LLC · filed 2021-09-17

Finally, with no substantive claims remaining, the Plaintiffs’ claims for attorneys’ fees under O.C.G.A. § 13-6-11 fail, as well.

A derivative claim for attorney fees and costs under OCGA § 13-6-11 fails when the underlying substantive claim fails.

D. ROSE, INC.et Al. v. CITY OF ATLANTA, GEORGIA · filed 2021-06-02

In its final enumeration of error, Rose argues that it properly stated a derivative claim for attorney fees and costs under OCGA § 13-6-11. Because the trial court correctly granted summary judgment on Rose’s substantive claim for inverse condemnation, this claim necessarily fails.

A claim for litigation expenses under § 13-6-11 depends on a viable underlying claim.

Whole Foods Market Services, Inc. v. AtlantaFresh Artisan Creamery, L.L.C. · filed 2021-08-23

That general proposition is true. See Kammerer Real Est. Holdings, LLC v. Forsyth Cnty. Bd. of Comm’rs, 806 S.E.2d 561, 564 (Ga. 2017) (“[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim . . . .”); Ventling v. Johnson, 466 S.W.3d 143, 154 (Tex. 2015) (“To recover attorney’s fees under section 38.001, a party must prevail on the underlying claim and recover damages.”). The Court must dismiss this count as to ARA because the Court determined the underlying claim against ARA (e.g., conversion of collateral) is due to be dismissed, at least until Plaintiff files another amended complaint. The Court will not, however, dismiss this count as to AtlantaFresh on this ground because the Court determines the underlying claim against AtlantaFresh (e.g., enforcement of the Note) is not due to be dismissed.