Ga. Code Ann. § 13-6-11

Section 13-6-11 attorney fees are derivative and cannot be recovered against a defendant when no underlying claim survives against that defendant.

Akkad Holdings, LLC v. Trapollo, LLC · filed 2021-12-16

Akkad brings this claim under O.C.G.A. § 13-6-11 against all Defendants, but only Braham seeks dismissal of it. ... The Court agrees. See McCalla Raymer, LLC v. Foxfire Acres, Inc., 846 S.E.2d 404, 413 (Ga. Ct. App. 2020) (an attorneys’ fee claim is “derivative” so it cannot survive without an underlying claim). The Court dismisses Count XI (attorneys’ fees) against Braham.

Attorney’s fees under § 13-6-11 require an underlying claim; the fee claim fails when that claim fails.

Meurer v. Humana Employers Health Plan of Georgia, Inc. · filed 2022-02-03

And, in any case, a claim for attorney’s fees under O.C.G.A. § 13-6-11 “requires an underlying claim.” Gilmour v. Am. Nat. Red Cross, 385 F.3d 1318, 1324 (11th Cir. 2004). Thus, Meurer’s derivative claims fail, along with his state law claims.

Section 13-6-11 requires an underlying claim for litigation expenses; the fee claim fails when the substantive claims fail.

Christopherson v. United Healthcare Insurance Company · filed 2022-02-03

As Christopherson’s substantive claims for breach of contract and unjust enrichment fail, so do his derivative claims for bad faith, stubborn litigiousness, and attorneys’ fees under O.C.G.A. §§ 13-6-11 and 9-15-14.

Section 13-6-11 requires a valid underlying substantive claim for attorney’s fees and expenses.

Gauthier v. Hard to Stop LLC · filed 2022-02-04

Under Georgia law, claims for punitive damages under O.C.G.A § 51-12-5.1 and claims for attorney’s fees and expenses under O.C.G.A. § 13-6-11 require a valid underlying substantive claim.

Attorney fees under § 13-6-11 are ancillary and recoverable only if the claimant prevails on an underlying claim.

STOCKTON v. v. JACK SHADWICK · filed 2022-02-25

Because attorney fees under OCGA § 13-6-11 are ancillary and recoverable only if Stockton prevails on the other underlying claims, which he has not, the trial court properly dismissed this claim as well.

Section 13-6-11 treats litigation expenses as special damages that must accompany an underlying award of damages.

Pucci, Sr v. Hill · filed 2022-03-22

As to Count VIII, an award of attorneys’ fees under O.C.G.A. § 13-6-11 is in the nature of special damages and thus must accompany or be in addition to an underlying award for damages.

Section 13-6-11 allows recovery of attorney’s fees only if the plaintiff succeeds on an underlying claim.

U-Tec Construction, Inc. v. Phoenix Loss Control, Inc. · filed 2022-03-28

Plaintiff requests punitive damages under O.C.G.A. § 51-12-5.1 and attorney’s fees pursuant to O.C.G.A. § 13-6-11. As a prerequisite to recovery, both of these statutory provisions require Plaintiff to succeed on an underlying claim.

An attorney’s fees claim under § 13-6-11 is derivative of the underlying Georgia tort claim and fails when that claim fails.

Thrasher v. Perimeter Summit Hotel PT, LLC · filed 2022-03-28

Thus, Perimeter’s motion for summary judgment is granted as to Thrasher’s negligence claim, as well as her derivative vicarious liability, negligent training ... and supervision, and attorney’s fees claims. ... Perkins v. Thrasher, 701 F. App’x 887, 891 (11th Cir. 2017) (“Georgia state law claims for 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 requires damages or other relief on an underlying claim before litigation expenses may be awarded.

PARADISE ENTERTAINMENT GROUP, INC. D/B/A MAGIC CITY v. DEMETRIC R. FAVORS · filed 2022-04-12

Although not addressed by either party on appeal, our rulings above also necessarily entitle the Magic City Defendants to summary judgment on Favors’s claim for attorney fees under OCGA § 13-6-11. See United Cos. Lending Corp. v. Peacock, 267 Ga. 145, 147 (2) (475 SE2d 601) (1996) (“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[s].”).

Section 13-6-11 does not provide attorney fees or litigation expenses based on a failure-to-settle claim when that claim fails.

HDI GLOBAL SPECIALTY SE v. PF HOLDINGS LLC · filed 2022-05-18

And since Defendants’ claims for attorneys’ fees and litigation expenses under O.C.G.A. § 13-6-11 are premised on the failure-to-settle claims, HDI and National Union are entitled to summary judgment on these claims, as well.

Section 13-6-11 requires an underlying claim for an award of attorney’s fees.

Hendy v. Wal-Mart Stores East, LP. · filed 2022-06-30

And because the strict liability and negligence claims fail as to Razor, so too do the claims for punitive damages and attorney’s fees.

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

MULLEN v. ILG TECHNOLOGIES, LLC · filed 2022-07-06

With no substantive claims remaining, Plaintiff’s claim for attorney’s fees likewise fails.

Section 13-6-11 attorney fees are ancillary and require the claimant to prevail on an underlying claim.

DENNIS v. WOHLGEMUTH · filed 2022-09-20

Attorney fees under OCGA § 13-6-11 are ancillary, and thus a party is not entitled to such fees unless she prevails on the underlying claims.

A claim for attorneys’ fees under § 13-6-11 may proceed when some underlying claims survive dismissal.

ExeGi Pharma, LLC v. Pacifici · filed 2022-03-25

E. Count V: Attorneys’ Fees Under O.C.G.A. § 13-6-11 Because some of the Plaintiff's claims may proceed, the Plaintiffs derivative claim for attorneys’ fees may also proceed. The Defendant’s Motion is denied as to Count V.

Section 13-6-11 attorney’s-fee claims are derivative and may proceed when the underlying claim survives summary judgment.

Hill & Mac Gunworks, LLC v. True Position, Inc. · filed 2022-03-28

Along with it, TP’s counterclaim for attorney’s fees survives to the extent it depends on, and is not independent of, TP’s breach of contract claim.

Section 13-6-11 attorney fees require an award of damages or other relief on an underlying claim.

TAVISTOCK FREEBIRDS D/B/A FREEBIRDS WORLD BURRITO v. THE COCA-COLA COMPANY · filed 2023-01-18

Finally, based on our rulings above, the trial court did not err when it dismissed Freebirds’s claim for OCGA § 13-6-11 attorney fees. See United Cos. Lending Corp. v. Peacock, 267 Ga. 145, 147 (2) (475 SE2d 601) (1996) (“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[s].”).

Expenses of litigation under § 13-6-11 are unavailable when the claimant’s substantive claims fail.

A Crystal Enterprises, Ace, LLC v. the River West Condominium Association, Inc. · filed 2023-03-14

Finally, there is no merit to Ace’s assertion that the trial court erred by granting summary judgment on its requests for punitive damages and attorney fees and expenses of litigation under OCGA § 13-6-11. Because Ace’s main claims fail, these derivative claims also fail.

A plaintiff who prevails on no claim cannot recover litigation fees or costs under § 13-6-11.

Jones v. The Kroger Co. · filed 2023-03-31

Because Plaintiff has not prevailed on any claims in this case, she cannot recover any punitive damages, fees, or costs of the litigation.

Section 13-6-11 permits attorney fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense; a denial of fees must be reconsidered when the underlying claim was prematurely denied.

EWING v. ANNE MCKENZIE SCOTT, AS TRUSTEE OF THE LAMAR EWING TRUST · filed 2023-01-20

Under OCGA § 13-6-11, attorney fees may be warranted “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense[.]” Given our conclusion that it was premature to deny the breach of fiduciary duty claim, we must vacate the trial court’s order with regard to the attorney fees, and remand for further consideration.

A claim for litigation costs and attorney fees under § 13-6-11 may proceed when the related breach-of-contract claim survives dismissal.

STEFFEY v. AMERIS BANK · filed 2023-01-23

We also reverse the dismissal of Steffey’s claim for the costs of litigation and attorney fees under OCGA § 13-6-11, among other statutes.

Section 13-6-11 allows a claim for litigation costs and attorney fees to proceed when the related breach-of-contract claim survives dismissal.

STEFFEY v. AMERIS BANK · filed 2023-02-07

We also reverse the dismissal of Steffey’s claim for the costs of litigation and attorney fees under OCGA § 13-6-11, among other statutes.

An award of attorney fees under § 13-6-11 requires an award of damages or other relief on the underlying claim.

W. Baxter Brown v. Sapp · filed 2023-05-16

Based on our rulings in Divisions 1 and 2, the trial court did not err when it dismissed Brown’s claim for OCGA § 13-6-11 attorney fees. ... “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[s].”

Attorney fees under § 13-6-11 are derivative and cannot be recovered when the underlying claims fail.

EARL MATTHEW LAMBERT, III v. DMRT, LLC · filed 2023-10-26

Finally, given our conclusions above, Mixx cannot show a probability of prevailing on its derivative claims for punitive damages and attorney fees.

A claim for litigation expenses under § 13-6-11 may proceed when its underlying claims survive a motion to dismiss.

United States of America ex rel. v. ERMI, LLC · filed 2024-02-27

Since ERMI’s counterclaims survive the Motion to Dismiss, so too does its claim for litigation expenses.

Section 13-6-11 makes a claim for attorney’s fees dependent on a surviving substantive cause of action.

Kang v. The Mayor and Aldermen of the City of Savannah · filed 2024-03-28

Because he has not submitted evidence sufficient to survive summary judgment on any of his underlying claims, his request for attorneys’ fees likewise cannot survive. Under O.C.G.A. § 13-6-11, a claim of attorneys’ fees is derivative of a substantive cause of action.

Section 13-6-11 makes a claim for attorneys’ fees derivative of a substantive cause of action, so the fee claim cannot survive dismissal of every underlying claim.

Kang v. The Mayor and Aldermen of the City of Savannah · filed 2024-06-06

Under O.C.G.A. § 13-6-11, a claim of attorneys’ fees is also derivative of a substantive cause of action.

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

KOERNER v. MERCER UNIVERSITY · filed 2024-06-21

However, “[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 (1996). Because none of Plaintiff’s underlying claims survive Defendant’s Motion to Dismiss, her final claim also cannot survive.

An attorney-fee award under § 13-6-11 stands when the plaintiff’s underlying claims remain intact and the only challenge to the award is that those claims should have failed.

JOAN ELIZABETH GEE v. TYLER & COMPANY, LLC · filed 2024-06-27

Gee argues that, because Tyler should not have prevailed on any of its underlying claims, we should also reverse the jury’s award of attorney fees under OCGA § 13-6-11.9 However, as explained in Divisions 1 and 2, the trial court did not err in denying Gee’s motions for a directed verdict and judgment notwithstanding the verdict. As this is the only basis Gee presents to reverse the attorney fee award, we affirm the jury’s award of attorney fees.

Section 13-6-11 provides a derivative claim for attorney’s fees that fails when the underlying substantive claim is dismissed.

Johnson v. City of Atlanta · filed 2024-07-29

Because a claim for attorney’s fees under O.C.G.A. § 13-6-11 is a derivative claim and the only substantive claim against the City of Atlanta is dismissed, Plaintiff Johnson’s request for attorney’s fees is also dismissed.

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

Ibrahim v. Charania · filed 2024-07-31

Likewise, because there are no remaining causes of action against Moving Defendants, Plaintiffs’ claims for punitive damages, attorney’s fees and litigation expenses against Moving Defendants must also be dismissed. See Davis v. Johnson, 634 S.E.2d 108, 110 (Ga. Ct. App. 2006) (“[A]ttorney['s] fees and expenses of litigation under OCGA § 13-6-11 . . . are ancillary and recoverable only where other elements of damage are recoverable on the underlying claim.” (quoting Freeman v. Wheeler, 627 S.E.2d 86, 90 (Ga. Ct. App. 2006))).

Section 13-6-11 permits recovery of attorney’s fees and litigation expenses only when damages are recoverable on an underlying claim.

The Freeman Manufacturing & Supply Company v. Smith · filed 2024-08-12

Finally, because there are no remaining underlying causes of action against Defendant Patel, summary judgment is GRANTED in favor of Patel on Plaintiff’s claims for punitive damages and attorney’s fees. See Davis v. Johnson, 634 S.E.2d 108, 110 (Ga. Ct. App. 2006) (“[A]ttorney['s] fees and expenses of litigation under OCGA § 13-6-11 . . . are ancillary and recoverable only where other elements of damage are recoverable on the underlying claim.” (quoting Freeman v. Wheeler, 627 S.E.2d 86, 90 (Ga. Ct. App. 2006))).

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

NAVICENT HEALTH, INC. v. OTHMAN · filed 2024-10-23

Having concluded that none of Othman’s substantive claims could survive dismissal or summary judgment, we also reverse the trial court’s denial of summary judgment to the Defendants on Othman’s injunctive, attorney-fee, and punitive damages claims.

Section 13-6-11 allows recovery of litigation expenses only when another element of damages is recoverable.

ALLEN v. HARRIS · filed 2024-10-30

The Allens do not challenge the trial court’s denial of their motion for summary judgment as to Harris’s claim for attorney fees under OCGA § 13-6-11 or under the contract. See generally Cabrel v. Lum, 289 Ga. 233, 240 (6) (710 SE2d 810) (2011) (“The expenses of litigation recoverable pursuant to OCGA § 13-6-11 are ancillary and may only be recovered where other elements of damage are also recoverable.”) (citation and punctuation omitted). Nonetheless, because we have determined that summary judgment is proper on all of Harris’s claims, summary judgment is likewise proper on his claims for attorney fees.

A claim for attorney fees under § 13-6-11 may proceed when the underlying negligent misrepresentation claim survives dismissal.

Harris v. Mercer Global Advisors, Inc. · filed 2024-03-31

Because the Harrises’ negligent misrepresentation claim survives the instant motion to dismiss, their claim for fees survives with it.

A request for § 13-6-11 litigation expenses may remain in the case when the conversion claim survives dismissal and no other ground for dismissing the request is offered.

GLOBAL ONE FINANCIAL v. EQUITABLE HOLDINGS INC · filed 2024-05-13

But the Court declines to dismiss the conversion claim, and Equitable did not offer another basis for dismissing the requests for punitive damages and O.C.G.A. § 13-6-11 expenses at this stage in the litigation, so those issues remain in the case.

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

Bass v. Jones · filed 2025-01-09

“[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. ... Because the Court is finding against the Plaintiff on both of his merits claims, his attorney’s fees and punitive damages claims necessarily fail as well.

Attorney fees under OCGA § 13-6-11 cannot be awarded when the underlying claim has been abandoned.

WRIGHT-HERMAN v. FRESH START CONSTRUCTION & MANAGEMENT, INC. · filed 2025-01-31

Given that Fresh Start abandoned the “quantum meruit/unjust enrichment” claim, the trial court erred in awarding damages against Sheilah on the derivative punitive damage and OCGA § 13-6-11 attorney fee claims.

A claim for attorney fees under § 13-6-11 fails when the underlying claim fails.

Tomala v. Rick Harris · filed 2025-03-10

Because Harris’s breach of contract claim failed, as discussed above, his claim for attorney fees pursuant to OCGA § 13-6-11 also fails.

Attorney fees under § 13-6-11 require the plaintiff to prevail on an underlying tort claim.

Bufford v. Brown · filed 2025-03-26

Of course, to obtain an award of punitive damages or attorneys’ fees, Bufford must first prevail on an underlying tort claim. ... Because Bufford’s § 1983 and state law claims will proceed against Brown, Bufford’s claims for punitive damages and attorneys’ fees remain viable against him.

Section 13-6-11 does not allow litigation expenses as damages when the underlying substantive claims fail.

JONES v. STELLER INNOVATIONS LLC · filed 2025-04-01

Because Jones’s substantive claims fail, her claim for litigation expenses as part of the damages under O.C.G.A. § 13-6-11 also fails.

Section 13-6-11 requires a viable underlying claim for attorney’s fees.

McCorvey v. Petersen · filed 2025-04-28

“[A] claim for an attorney’s fees under... O.C.G.A. Section 13-6-11, requires an underlying claim.” ... Since all of the Plaintiffs’ underlying claims fail, the Court will dismiss their claim for attorney’s fees as well.

A claim for litigation expenses under § 13-6-11 can survive summary judgment when an underlying claim survives.

The LARKABIT PARTNERSHIP, L.P. v. TOLL BROTHERS, INC. · filed 2025-06-02

Since Toll’s claim for unjust enrichment partially survives, the trial court correctly denied summary judgment in favor of Larkabit on Toll’s claim for attorney fees under OCGA § 13-6-11.

Litigation expenses under § 13-6-11 are derivative and must be dismissed when the plaintiff has no surviving substantive claim.

DETHOMAS INVESTMENTS, LLC v. LMRK PROPCO, LLC · filed 2025-07-14

Given our decisions above, the trial court also erred in failing to dismiss LMRK’s derivative claims against the City defendants for litigation expenses and punitive damages.

Section 13-6-11 requires a viable underlying claim for an award of attorney’s fees.

Medford v. The Kroger Co. · filed 2025-07-17

Without any remaining underlying claim, Plaintiff is not entitled to any fees. Accordingly, the Court GRANTS Kroger Summary Judgment on this claim.

Section 13-6-11 attorney fees are ancillary to an underlying claim and cannot be recovered when that claim fails.

Mueller Systems, LLC v. Sipco, LLC · filed 2025-03-10

First, as to Mueller’s claim, because SIPCO is entitled to summary judgment on Mueller’s counterclaims, SIPCO is likewise entitled to summary judgment on Mueller’s claim for attorney fees.

Section 13-6-11 permits attorney’s fees as relief tied to a substantive claim, but does not create an independent cause of action.

Barrett v. Reeves Construction Company · filed 2025-05-14

Defendant is correct that neither O.C.G.A. § 51-12-5.1 (punitive damages) nor O.C.G.A. § 13-6-11 (attorneys’ fees) can function as an independent cause of action.

Section 13-6-11 permits attorney fees as an element of damages on a substantive claim but creates no independent cause of action.

LUNSFORD v. CITY OF BOWMAN · filed 2025-08-18

But O.C.G.A. § 13-6-11 “does not create an independent cause of action”—it simply allows the jury to award “an additional element” of compensatory damages “as part of a substantive claim for relief.”

Section 13-6-11 attorney fee claims are derivative and fail when the underlying claim is dismissed.

In Re: Estate of Joseph Elbert Cheeley, Jr. · filed 2025-07-01

Based on our holding in Division 1, we also affirm the probate court’s dismissal of William’s OCGA § 13-6-11 attorney fee claim, as such claim was derivative of the breach of fiduciary duty claim that was dismissed.

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

Thomas · filed 2025-11-19

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. ... Because the Court is dismissing the entirety of the Plaintiff's merits claims, her attorney’s fees and punitive damages claims necessarily fail as well.

Section 13-6-11 requires a claimant to prevail on the basic cause of action to recover litigation expenses.

Allen · filed 2026-01-13

And because Allen “must prevail on [her] basic cause of action in order to obtain litigation expenses [under O.C.G.A. § 13-6-11],” Ellis v. Gallof, 220 Ga. App. 518, 519 (1996) (quoting Barnett v. Morrow, 196 Ga. App. 201, 203 (1990)), which she has not done, her claim for attorneys’ fees must be dismissed as well.

Section 13-6-11 does not allow a plaintiff to recover attorney fees when the plaintiff has failed to state an underlying claim.

Larry Carson Hale, Jr. v. Eighteen Ninety-Six · filed 2026-02-23

In Count 7, Hale seeks attorney fees under O.C.G.A. § 13-6-11, which allows a plaintiff to recover expenses of litigation if “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” Id. Because Hale has otherwise failed to state a claim, he is not entitled to recover attorney fees. Therefore, Count 7 will be dismissed.

Section 13-6-11 permits recovery of litigation expenses only when damages are recoverable on an underlying claim.

UCS DIALS MILL ROAD, LLC v. DEPARTMENT OF TRANSPORTATION · filed 2026-02-27

So, because attorney fees under OCGA § 13-6-11 are “ancillary and recoverable only if [Appellants] prevail[ ] on the other underlying claims, which [they have] not, the trial court properly dismissed this claim as well.”

Attorney fees under § 13-6-11 cannot stand alone without an underlying claim.

ERTC Express, LLC v. HTS Construction · filed 2026-03-03

This claim also fails because any fees pursuant to O.C.G.A. § 13-6-11 cannot stand alone without an underlying claim.

Section 13-6-11 attorney’s fees require an underlying Georgia tort law claim.

Beasley · filed 2026-03-09

But the Court dismisses it anyway because (1) “claims for . . . attorney’s fees under O.C.G.A. § 13-6-11 are derivative of Georgia tort law claims and thus require an underlying claim”; and (2) the Court has already dismissed Plaintiff’s other claims, meaning no “underlying claim” remains.

Section 13-6-11 permits recovery of litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense, but requires a viable substantive claim.

Leonard Danley, Sr. v. Wells Fargo Bank · filed 2026-03-31

Under O.C.G.A. § 13-6-11, a party may recover expenses of litigation where the defendant has acted in bad faith, been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. Such a claim cannot proceed in the ... absence of a viable substantive claim for liability.

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

Manfred Keais, as Next of Kin and as Administrator of the Estate of Eric Keais v. Othel D. Kelley, III · filed 2026-06-17

“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.” ... Because Keais’ underlying wrongful death claim fails, Keais’ derivative claim for attorney fees under OCGA § 13-6-11 also fails.

A claim for attorney fees under § 13-6-11 survives summary judgment when substantive claims remain and the only asserted ground for dismissal is that those claims failed.

SHAW v. GRIFFIN · filed 2025-09-30

Thus, Defendants are not entitled to summary judgment as to Plaintiffs’ derivative claims for punitive damages and attorneys’ fees on the ground asserted by Defendants.

A claim for attorney fees and litigation expenses under § 13-6-11 survives dismissal when the underlying substantive claims survive.

Trever Cannon v. Safeco Insurance Company of Illinois · filed 2026-03-16

Finally, Cannon contends that the trial court erred in dismissing his claims for attorney fees and expenses under OCGA § 13-6-11 and for punitive damages. ... Accordingly, the court erred in dismissing the remaining claims as derivative.

A claim for attorney fees under § 13-6-11 may proceed when the underlying breach of contract claim survives judgment on the pleadings.

REESE v. CHAIANTE FIFE · filed 2026-06-15

The trial court granted judgment on the pleadings against Reese and Wilson on their alternative claim for promissory estoppel and their claim for attorney fees, as well as on their requests for equitable relief in the form of specific performance and an injunction. But those claims and requests for relief are contingent on the outcome of the breach of contract claim. ... Miller v. Miller, 356 Ga. App. 142, 145 (1) (846 SE2d 429) (2020) (attorney fees under OCGA § 13-6-11 apply to conduct arising from the transaction underlying the cause of action in litigation); ... Given our holding above that the trial court erred in granting judgment on the pleadings on the breach of contract claim, it follows that the grant of judgment on the pleadings as to the contingent claims was also erroneous and must be reversed.

Section 13-6-11 attorney fees require an award of damages or other relief on the underlying claim.

Rampersad v. the Plantation at Bay Creek Homeowners Association, Inc. · filed 2025-06-17

The trial court’s order did not mention Rampersad’s counterclaim for attorney fees pursuant to OCGA § 13-6-11. However, we note that the HOA’s complaint sought damages as well as the remedy of judicial foreclosure, and the trial court granted judgment to the HOA on both claims. As a result, the trial court’s order is properly characterized as granting summary judgment to the HOA in full. ... Accordingly, the lack of a statement by the trial court reserving the question of OCGA § 13-6-11 attorney fees is of no moment.

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

SILVERSTONE RESIDENTIAL, LLC v. PREMIER RESIDENTIAL SE, LLC · filed 2023-06-13

As a result, the statute allows an award of attorney fees only to a “prevailing party,” which “means a party that has obtained an award of damages or other affirmative relief on its underlying claims.”

Section 13-6-11 does not support an attorney-fee award in conjunction with a citation for criminal contempt, even when the award is separate from the contempt punishment.

Rolleston v. Cherry · filed 1999-04-12

The Estate argues that, because the trial court specifically awarded attorney fees pursuant to OCGA § 13-6-11 and not as punishment for the contempt, it did not err in making the award. ... The Estate’s argument fails to address our specific holding in Rapaport, wherein we found that attorney fees are not awardable in conjunction with a citation for criminal contempt. ... Therefore, upon the authority of Rapaport we must reverse the trial court’s award of attorney fees on the Estate’s motion for contempt.

Section 13-6-11 provides a claim for monetary damages in the form of attorney fees and litigation expenses, even when the claim is ancillary to a request for equitable relief.

Dover v. City of Jackson · filed 2000-10-24

However, a claim for attorney fees and costs of litigation under OCGA § 13-6-11 is clearly a claim for damages and clearly seeks monetary, rather than equitable, relief. Even though Dover Realty’s claim for attorney fees and costs of litigation may be ancillary to its claim for equitable relief, it is nonetheless a claim for money damages.

A plaintiff seeking attorney fees and costs under § 13-6-11 need not give a municipality ante-litem notice.

City of Atlanta v. Bennett · filed 2013-07-09

a plaintiff is not required to give ante-litem notice on a claim for attorney fees and costs pursuant to OCGA § 13-6-11.

Section 13-6-11 does not allow attorney fees or litigation expenses for proceedings before appellate courts.

David G. Brown, P. E., Inc. v. Kent · filed 2002-03-11

OCGA § 13-6-11 does not permit an award of attorney fees and litigation expenses for proceedings before the appellate courts.

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

Kent v. David G. Brown, P.E., Inc. · filed 2001-02-09

For all of these reasons, we hold that 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.

Section 13-6-11’s attorney-fee exception did not apply in this strict-liability criminal action.

Pless v. State · filed 2006-06-15

The exception to this rule, where the defendant has acted in bad faith, or has been stubbornly litigious or has caused the plaintiff unnecessary trouble and expense, clearly does not apply in this particular criminal action involving strict liability. See OCGA § 13-6-11.

Section 13-6-11 does not authorize attorney fees based on an agreement incorporated into a divorce decree when the parties’ rights arise under the decree.

Waits v. Waits · filed 2006-07-05

We also note that OCGA§ 13-6-11, governing expenses of litigation in contract actions, does not authorize an award of attorney fees in this case. The parties’ agreement was incorporated into the Amended Final Judgment and Decree, and therefore, the actions were required to be resolved under the amended decree and not the underlying agreement.

Section 13-6-11 does not authorize attorney fees in a petition to modify a divorce decree because the petition is not a contract action.

Francis-Rolle v. Harvey · filed 2011-05-05

But OCGA § 13-6-11 applies to actions on contract. The court was not authorized to award attorney fees pursuant to OCGA § 13-6-11 because Harvey’s modification petition was not a contract action, but an action on the parties’ divorce decree, which incorporated the parties’ divorce agreement.

Section 13-6-11 does not authorize attorney fees for enforcing a settlement agreement incorporated into a final custody order because the parties’ rights arise under the order.

Longe v. Fleming · filed 2012-10-30

Based on Fleming’s pleadings, counsel’s arguments and the trial court’s ruling, it appears that the attorney fees were assessed pursuant to OCGA § 13-6-11 which provides: ... However, this statutory provision, which would govern expenses of litigation in a contract action, does not authorize an award of attorney fees in this case.

When a request for attorney fees under § 13-6-11 remains unresolved, the order is nonfinal and requires interlocutory review.

In Re: The Estate of Fred Howard Brooks · filed 2016-07-18

Here, however, the language used tracks the language of OCGA § 13-6-11, which implies a request under that statute. ... Therefore, we must treat this as a matter for interlocutory review.

A claim for attorney fees under § 13-6-11 is an additional element of damages, not an independent cause of action.

Effingham County, Georgia v. Roach · filed 2013-06-12

Morever, a claim for attorney fees under OCGA § 13-6-11 is not an independent cause of action; rather, it is an additional element of damages.

Attorney fees awarded for bad faith under § 13-6-11 in tort cases are compensatory damages.

Action Marine, Inc. v. Continental Carbon Inc. · filed 2007-03-21

The attorney fees in this case were premised on a finding of bad faith pursuant to section 13-6-11. Consequently, we include the attorney fees as part of the measure of actual damages for the necessary comparison.

Section 13-6-11 allows attorneys’ fees as litigation expenses ancillary to a damages claim and requires proof of an additional element.

Alea London Limited vs America Home Services, Inc. · filed 2011-04-13

Thus, even where attorneys’ fees are recoverable under O.C.G.A. § 13-6-11, they are ancillary to a plaintiff’s damages claim and require proof of an additional element.

An attorney-fee award under § 13-6-11 is affirmed on appeal if any evidence supports it.

Yash Solutions, LLC v. New York Global Consultants Corporation · filed 2019-10-04

Indeed, an award of attorney fees under OCGA § 13-6-11 is to be affirmed if “there is any evidence to support it.”

Section 13-6-11 authorizes attorney fees for a prevailing plaintiff when the evidence shows actual bad faith or stubborn litigiousness, regardless of the amount recovered.

Hatcher Management Holdings, LLC v. Alston & Bird, LLP · filed 2020-05-22

Because HMH was the prevailing party on its claims, and because “where there is actual bad faith or stubborn litigiousness in the evidence, attorney fees are authorized under OCGA § 13-6-11, regardless of the amount of recovery,” the trial court erred when it reduced this jury’s fee award.

Section 13-6-11 permits reasonable attorney fees for bad-faith conduct, calculated by multiplying reasonable hours by reasonable hourly rates.

White Cap, L.P. v. Mowers · filed 2022-01-03

The Court also held that White Cap was entitled to reasonable attorneys’ fees under O.C.G.A. § 13-6-11 based on Defendants’ bad-faith conduct. ... Concerning the reasonableness of the work performed and hours incurred by White Cap’s attorneys, the Court applies the traditional lodestar test—reasonable hours expended times reasonable hourly rates.

Attorney fees under § 13-6-11 are compensatory damages that may be available when an underlying claim survives summary judgment.

NAYANI v. BHATIA · filed 2024-03-12

However, “[a]n award of attorney fees under OCGA § 13-6-11 is a compensatory damages award” and, as such, may be available to Nayani on this claim.

An attorney-fee award under § 13-6-11 requires findings of fact consistent with the statute.

MARK J. PODLIN v. CICHOWSKI · filed 2025-05-01

Similarly, if the trial court awarded fees under OCGA § 13-6-11, findings of fact are required that are consistent with the statute.

A judgment is not final while a claim for attorney fees and litigation expenses under § 13-6-11 remains unresolved.

ORTH v. DAISYELI, INC. · filed 2025-06-23

When a trial court enters judgment, but reserves ruling on a claim for OCGA § 13-6-11 attorney fees and expenses of litigation, the case is not final within the meaning of OCGA § 5-6-34 (a) (1).

Attorney fees awarded under § 13-6-11 count as damages when applying the $10,000 discretionary appeal threshold.

Chowdhury v. Atlanta's Dependable Towing, LLC · filed 2018-02-22

On September 27, 2017, the trial court awarded the appellees $4,020.47 in attorney fees pursuant to OCGA §§ 9-15-14 (b) and 13-6-11. ... However, the $4,020.47 attorney fee award in this case constitutes damages, which are under $10,000, thus triggering the discretionary appeal requirements of OCGA § 5-6-35 (a) (6).

Section 13-6-11 permits the fact-finder to award litigation expenses, including attorney’s fees, but does not require an award.

Honig v. COMCAST OF GEORGIA I, LLC · filed 2008-01-31

It is highly likely rather than automatic because the language authorizing fees and expenses in O.C.G.A. § 13-6-11 is permissive, thereby giving the fact-finder discretion as to whether to award fees and expenses.

Section 13-6-11 requires a specially pleaded claim and evidence supporting an award of attorney’s fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense.

J'CARPC, LLC v. Wilkins · filed 2008-02-29

Georgia permits the awarding of attorney’s fees, if specially pleaded, where 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. Wilkins has prevailed on all the claims asserted against him. There is no evidence to support an award of attorneys fees.

A plaintiff seeking attorney’s fees under § 13-6-11 must specially plead the claim and allege bad faith or conduct causing unnecessary trouble and expense.

Morrison v. Bob B. Mann, Jr. · filed 2008-03-26

The district also did not err in granting a directed verdict on the related attorney’s fees, as the Morrisons did not specially plead the attorney’s fee statute and did not allege any bad faith or any efforts to cause any unnecessary trouble or expense by Mann or the Clinic.

Section 13-6-11 does not authorize attorney fees for a defendant merely for defending a claim.

Cox Interior, Inc. v. Bayland Properties, LLC · filed 2008-09-19

Bayland admits that the trial court erred in awarding attorney fees to Bayland under OCGA § 13-6-11 since Bayland was the defendant below. ... The trial court’s award of attorney fees to Bayland is accordingly reversed.

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

Rosen v. Protective Life Insurance · filed 2011-09-23

Georgia law authorizes an award of attorneys’ fees “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” Ga.Code Ann. § 13-6-11.

Section 13-6-11 permits a plaintiff to recover litigation expenses, including attorney’s fees, as additional damages when an intentional tort constitutes bad faith.

Kasper v. Turnage (In Re Turnage) · filed 2011-11-30

The section establishes circumstances in which a plaintiff may recover litigation expenses as an additional element of damages and permits the recovery of attorney’s fees as separate, special damages flowing from the underlying tort.

Section 13-6-11 leaves an award of fees and litigation expenses to the fact-finder’s discretion, even when a plaintiff succeeds on an intentional tort claim.

Faith Gordon v. Branch Banking and Trust · filed 2011-03-28

But BB&T cannot get around the fact that Ga. Code Ann. § 13-6-11 is permissive; it leaves to the sound discretion of the fact-finder whether to award fees and expenses, even where a plaintiff succeeds in prosecuting a claim for an intentional tort.

A claim for bad faith attorney’s fees under § 13-6-11 may go to the jury when sufficient evidence supports it.

R. Wesley Wetherington, M.D. v. Ameripath, Inc. · filed 2014-05-19

Finally, with respect to the Company’s challenge to the district court’s conclusion that there was sufficient evidence to send to the jury Plaintiffs claim for bad faith attorney’s fees under O.C.G.A. § 13-6-11, we cannot conclude that the district court erred in this regard.

Section 13-6-11 allows a discretionary award of litigation expenses when a party acts in bad faith, is stubbornly litigious, or causes the plaintiff unnecessary trouble and expense.

Hot Shot Kids Inc. v. Pervis (In re Pervis) · filed 2014-05-29

Hot Shot Kids and Pauley seek recovery of attorney’s fees under O.C.G.A. § 13-6-11 which provides that expenses of litigation are not allowed as part of damages unless the party has acted in bad faith, been stubbornly litigious, or caused the plaintiff unnecessary trouble and expense. ... The Court concludes that Pervis acted in bad faith with respect to Pauley and caused her unnecessary trouble and expense.

Section 13-6-11 permits an attorney’s fees award for bad faith, and a genuine dispute about bad faith can preclude summary judgment.

Mwangi v. Federal Nationall Mortgage Ass'n · filed 2016-02-16

Moreover, for the reasons set forth in the Court’s Order addressing Defendant AMS’s Motion for Summary Judgment, a genuine dispute remains as to whether Defendants acted in bad faith so as to support an attorney’s fees award under O.C.G.A. § 13-6-11.

A claim for attorney’s fees based on bad faith under § 13-6-11 may proceed when factual disputes remain about the defendant’s alleged intentional torts and conduct.

Mwangi v. Federal National Mortgage Ass'n · filed 2016-02-16

Here, Plaintiff has asserted claims for intentional torts, including conversion and trespass, and those claims survive summary judgment as to Defendant AMS. As such, a genuine dispute remains as to Plaintiffs bad faith claim for attorney’s fees under O.C.G.A. § 13-6-11.

An attorney fees award under § 13-6-11 must be vacated when the underlying judgment on the pleadings is reversed.

Lincoln & Katherine Williams Irrevocable Trust v. Deliverance Temple Church of God in Christ of Atlanta · filed 2016-07-14

In light of our reversal of the judgment on the pleadings, the attorney fees award under OCGA § 13-6-11 must be vacated.

Section 13-6-11 allows litigation expenses when a defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense; disputed facts on those grounds can preclude summary judgment.

King v. King · filed 2018-09-20

Further, because a jury may reasonably find that the Defendants acted in bad faith, were stubbornly litigious, or caused unnecessary trouble and expense based on the disputed facts, summary judgment is not appropriate. O.C.G.A. § 13-6-11.

Section 13-6-11 permits attorney’s fees as part of the damages for a separate claim, but not as an independent cause of action.

Truong v. Huynh · filed 2021-11-19

Count XIV is for attorney’s fees, but, as Truong’s briefing appears to acknowledge, attorney’s fees are only available—if at all—“as a part of the damages” for a separate claim.

A claim for attorney’s fees under § 13-6-11 may proceed when underlying claims remain for a jury.

RICHARDSON v. FCA US LLC · filed 2022-04-07

Defendant argues that Plaintiffs have not provided the requisite showing that Defendants were “stubbornly litigious” as required by O.C.G.A. § 13-6-11. However, because there are claims going forward to a jury, summary judgment for Plaintiffs’ motion for attorney’s fees is DENIED.

A claim for attorney’s fees under § 13-6-11 survives dismissal when the substantive claims supporting it survive.

Arcturus International LLC v. Geller-Stoff · filed 2022-09-02

In Counts Eight and Nine of the Complaint, the Plaintiff seeks punitive damages under O.C.G.A. § 51-12-5.1(b) and attorney’s fees under O.C.G.A. § 13-6-11, respectively. An award of attorney’s fees, costs, or punitive damages is derivative of a plaintiffs substantive claims. ... Since each of the Plaintiff's substantive claims have survived dismissal, so too do its claims for punitive damages and attorney’s fees.

A claim for attorney’s fees under § 13-6-11 survives dismissal when the underlying claims remain pending.

DOE v. CLARKE COUNTY SCHOOL DISTRICT · filed 2022-10-24

Because the Court declined to dismiss Doe’s underlying claims, Doe’s claim for attorney’s fees under O.C.G.A. § 13-6-11 survives dismissal.

Section 13-6-11 does not provide attorney’s fees or litigation expenses for an insurer’s bad faith failure to pay when § 33-4-6 supplies the exclusive procedure for recovering fees.

KENNEDY v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA · filed 2024-08-21

But, Georgia law is clear that a “claim for attorneys[’] fees and litigation expenses under O.C.G.A. § 13-6-11 [is] barred by O.C.G.A. § 33-4-6, which provides insureds the exclusive procedure to recover attorneys[’] fees.” ... Accordingly, the Court DISMISSES the Receiver’s claim for attorneys’ fees to the extent he relies on § 13-6-11.

Section 13-6-11 permits attorney’s fees in a negligence action when the defendant acted in bad faith, was stubbornly litigious, or caused unnecessary trouble and expense; factual disputes about bad faith may require a jury to decide the claim.

Roland v. Wingate Management Company, LLC · filed 2025-09-15

As the Court explained above, much of the factual disputes in this case concern whether Wingate had notice of the security risk and if so whether it failed to act or was unable to act. Because these fact disputes also pervade Plaintiffs’ claims for attorney’s fees and punitive damages, summary judgment is inappropriate on these claims as well.

Section 13-6-11 permits an award of attorney’s fees when a defendant acts in bad faith and causes the plaintiff unnecessary trouble and expense.

Arcturus International LLC v. Geller-Stoff · filed 2024-09-18

Given this evidence, the Court finds that Weisman’s pursuit of these claims on Arcturus’s behalf was done in bad faith to intimidate and harass Geller-Stoff for evicting him from the Mt. Laurel Property and that this has caused Geller-Stoff unnecessary trouble and expense.

Section 13-6-11 is not limited to breach-of-contract actions.

Harbolt v. Pelletier · filed 2008-05-20

However, the application of OCGA § 13-6-11 is not restricted to actions for breach of contract.

Section 13-6-11 permits attorney fees in actions beyond contract cases.

Brooks v. Vinci C. Brooks · filed 2023-02-06

Charles’ premise is fundamentally flawed, however, because OCGA § 13-6-11 is not only available in contract cases.

Section 13-6-11 permits litigation expense awards in tort cases as well as contract cases; the 2021 Code amendments did not change that rule.

TUSCANY CONDOMINIUM ASSOCIATION, INC. v. C.P., AN ADULT FEMALE · filed 2025-07-02

We therefore reject TCA’s argument that the 2021 amendments upend our longstanding precedent regarding the availability of OCGA § 13-6-11 awards in tort cases.

Section 13-6-11 permits a jury to award litigation expenses on a federal damages claim even when no viable state law claim exists.

Fulton County v. Legacy Investment Group, LLC · filed 2009-03-20

There is no requirement that a viable state law claim exist in order for the jury to award litigation expenses pursuant to OCGA § 13-6-11.

Section 13-6-11 permits a successful plaintiff to recover litigation expenses attributable to claims on which the plaintiff prevailed if the section’s requirements are met.

ROBERTS v. JP MORGAN CHASE BANK, NATIONAL ASSOCIATION Et Al. · filed 2017-06-27

If Roberts succeeds on any of his claims, fees expended in pursuit of the claims upon which he prevails are recoverable if he satisfies the requirements of OCGA § 13-6-11.

A claim for attorney fees under § 13-6-11 may proceed when a substantive claim remains that could support the fees.

COMMUNITY & SOUTHERN BANK v. LOVELL · filed 2017-10-30

The trial court also dismissed derivative claims for attorney fees under OCGA § 13-6-11 and punitive damages, reasoning that it had dismissed all of the substantive claims upon which the derivative claims depended. ... As things stand now, substantive claims remain pursuant to which attorney fees and punitive damages may be available. ... We therefore reverse the dismissal of the derivative claims.

Section 13-6-11 permits attorney fees only for work allocable to a successful claim.

Spinola v. Ozioma Faith Akaranta · filed 2025-04-09

Here, the claim upon which attorney fees was based is untenable and unsuccessful. As such, no attorney fees should have been assessed in relation to the pursuit of that claim.

Section 13-6-11 leaves an award of attorney fees to the trier of fact, so a court cannot grant a claimant judgment on the pleadings for those fees.

CALDWELL Et Al. v. CHURCH · filed 2017-06-20

Accordingly, in this case, the trial court erred by summarily granting judgment on the pleadings on Church’s claim for attorney fees pursuant to OCGA § 13-6-11.

Expenses of litigation under § 13-6-11 may be awarded on summary judgment when the plaintiff is entitled to them as a matter of law.

Covington Square Associates, LLC v. Ingles Markets, Inc. · filed 2009-11-03

While questions of bad faith, stubborn litigiousness, and unnecessary trouble and expense are generally for the jury to decide, expenses of litigation under this Code section can be awarded on summary judgment, provided the movant is entitled to them as a matter of law.

A jury determines both entitlement to and the amount of attorney fees under § 13-6-11, so a court cannot grant summary judgment awarding them to a claimant.

Covington Square Associates, LLC v. Ingles Markets, Inc. · filed 2010-06-28

Consistent with this precedent, the Court of Appeals has correctly held that, because 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.

Expenses of litigation under § 13-6-11 are for the trier of fact, so a claimant cannot obtain them on summary judgment.

Tyler v. Thompson · filed 2011-03-04

As set forth in Covington Square Assoc, v. Ingles Markets, 287 Ga. 445 (696 SE2d 649) (2010), awarding summary judgment in favor of a claimant for expenses of litigation under OCGA § 13-6-11 is error because the issue is for the trier of fact. Accordingly, we reverse to the extent the trial court granted summary judgment in favor of Thompson for attorney fees and costs under OCGA § 13-6-11 in the amount of $47,493.08.

A claim for litigation expenses based on bad faith or stubborn litigiousness may proceed when evidence supports those grounds.

Georgia Dermatologic Surgery Centers, P. C. v. Pharis · filed 2013-07-16

In its final enumeration of error, GDSC contends that the trial court erred in denying its motion for summary judgment regarding Pharis’ claim for attorney fees and expenses under OCGA § 13-6-11. “Questions concerning bad faith under this statute are generally for the jury to decide, and the trial court may grant judgment as a matter of law on such issues only in the rare case where there is absolutely no evidence to support the award of expenses of litigation.” ... As Pharis was terminated wrongfully and without authority, and because there is evidence from which a jury could find that GDSC acted in bad faith and has been stubbornly litigious, the trial court properly denied GDSC’s motion on this claim.

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

Finder v. John Marshall Law School, LLC · filed 2014-03-31

O.C.G.A. § 13-6-11. Based on the reasons in this Order, Defendant’s Motion for Summary Judgment is required to be denied as to several of Plaintiffs’ claims. Defendant’s Motion thus also is denied, therefore, as to Plaintiffs’ claim of bad faith.

A claim for litigation expenses under § 13-6-11 can survive summary judgment when the underlying breach of contract claim survives and evidence suggests the defendant acted to enrich itself.

Romar Joint Venture v. Maree · filed 2014-10-17

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

Section 13-6-11 allows a jury to award litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense; summary judgment on those expenses is proper only when there is no evidence to support an award.

Kahn v. Daniel Lamar Britt, Jr. · filed 2014-11-17

OCGA § 13-6-11 authorizes a jury to award plaintiffs the expenses of litigation “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff[s] unnecessary trouble and expense[.]” Ordinarily, it is for the jury to determine the existence of bad faith or stubborn litigiousness, and “only in the rare case where there was absolutely no evidence to support the award of expenses of litigation would the trial court be authorized to grant summary adjudication on such issues.”

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

Georgia Lottery Corporation v. Vasaya · filed 2019-10-31

The GLC also contends that the trial court erred in awarding attorney fees under OCGA § 13-6-11 at the summary judgment stage. We agree.

Summary judgment on a § 13-6-11 claim for litigation expenses is inappropriate when disputed facts leave the claim for the jury.

Zahler v. National Collegiate Student Loan Trust 2006-1 · filed 2020-06-10

Under the facts of this case, including the conflicting affidavits offered by the trust, and given our conclusions that the trust was not entitled to summary judgment on either its breach-of-contract claim or Zahler’s Fair Business Practices Act counterclaim, we also conclude that summary judgment was not appropriate on Zahler’s counterclaim under OCGA § 13-6-11.

Section 13-6-11 permits recovery of litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense; whether those grounds exist can be a jury question.

Tenor Capital Partners, LLC v. GunBroker.com, LLC · filed 2021-11-03

Pursuant to O.C.G.A. § 13-6-11, a plaintiff may recover litigation expenses “where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense[.]” ... Therefore, the Court denies GunBroker’s Motion for Summary Judgment on Tenor’s Count III for attorneys’ fees as to its unjust enrichment counterclaim.

A claim for litigation expenses under § 13-6-11 may survive summary judgment when the facts, viewed favorably to the claimant, present a dispute for trial.

BROWN v. MEDSCOPE AMERICA CORPORATION · filed 2023-08-29

The Court also finds that the facts viewed in the light most favorable to Plaintiff preclude summary judgment on Plaintiff’s claim for punitive damages and his claim under O.C.G.A. § 13-6-11.

A claimant cannot obtain attorney fees under § 13-6-11 on summary judgment because the jury decides entitlement to those fees.

COLEMAN v. PHILLIPS · filed 2023-10-16

Accordingly, the trial court did not err in finding that Coleman’s attorney fee claim under OCGA § 13-6-11 was a question for the jury.

Questions of bad faith, stubborn litigiousness, and unnecessary trouble and expense under § 13-6-11 are generally for the jury, and a dispute over whether a bona fide controversy exists as to liability can prevent summary judgment on attorney fees.

Todd v. Capella Logistics, Inc. · filed 2024-07-17

“Questions concerning bad faith, stubborn litigiousness, and unnecessary trouble and expense under O.C.G.A. § 13-6-11 are generally questions for the jury to decide.” ... Because the parties dispute whether a bona fide controversy exists as to liability for the underlying cause of action, the Court finds that summary judgment on the attorneys’ fees claim is improper.

When summary judgment on an underlying negligence claim is reversed, summary judgment on the associated § 13-6-11 attorney fee claim must also be reversed.

PURCELL ALBRIGHT, SR. v. TERMINAL INVESTMENT CORPORATION · filed 2024-11-25

Based on our holding in Division 1, the trial court’s grant of summary judgment to TICO on Patricia’s derivative loss of consortium claim and the Albrights’ OCGA § 13-6-11 attorney fee claim likewise must be reversed.

Factual disputes about the underlying contract claim can preclude summary judgment on a claim for litigation expenses under § 13-6-11.

Sapna Foods, Inc. v. The Olive Oil Factory · filed 2026-03-31

Because Sapna is not entitled to summary judgment on its breach of contract claim, neither is it entitled to summary judgment on its claim for attorneys’ fees pursuant to O.C.G.A. § 13-6-11. ... The foregoing factual disputes preclude summary judgment in Sapna’s favor on its claim for attorneys’ fees.

Section 13-6-11 leaves attorney fee awards to a jury or a court sitting as factfinder, so a claimant cannot obtain summary judgment on a fee claim.

T & B, LLC v. SAMBI · filed 2026-06-24

An award of attorney fees under OCGA § 13-6-11 is a matter for a jury or a court sitting as a trier of fact.

Section 13-6-11 permits a plaintiff to recover litigation expenses after default when the complaint sought them and the defendant caused unnecessary trouble and expense; the plaintiff must provide a proper fee itemization.

National Fire Insurance v. Thrasher Contracting, LLC · filed 2015-08-31

Instead, Defendants required Plaintiffs to seek court intervention in order to get the funds owed to them. ... The Court agrees but has no proper fee itemization before it. Accordingly, Plaintiffs are DIRECTED to file a proper itemization of fees no later than September 8, 2015.

Section 13-6-11 does not entitle a plaintiff to a default judgment for attorney fees when the plaintiff first requests them in an amended complaint after the defendant defaults.

Water's Edge Plantation Homeowner's Ass'n v. Reliford · filed 2012-04-12

Because the original complaint for equitable relief did not put the Relifords on notice that Water’s Edge was seeking attorney fees and expenses under OCGA § 13-6-11, and because its claim for attorney fees and expenses was contained only in its amended complaint, Water’s Edge was not entitled to a default judgment on that claim.

When a complaint requests attorney fees and expenses under § 13-6-11 and the defendant defaults, the court may award reasonable fees and expenses.

UnderSea Recovery Corporation v. Madero Holding, S.A. de C.V. · filed 2021-06-03

In its Complaint, UnderSea included a separate cause of action seeking its attorneys’ fees and expenses. This is sufficient to place Madero on notice of the request for relief. Accordingly, the Court must determine a reasonable award, a decision committed to its sound discretion. ... Therefore, UnderSea is entitled to its requested attorneys’ fees and expenses.

Section 13-6-11 entitles a plaintiff to attorney fees after a default judgment on a complaint that specifically requested them, but the plaintiff must prove the amount and reasonableness of the fees.

The Cotto Law Group, LLC v. Benevidez · filed 2022-03-02

Here, Cotto’s complaint did include a specific claim for OCGA § 13-6-11 attorney fees. Thus, the trial court was not authorized to deny the recovery of fees altogether, and its judgment must be reversed on this issue and the case remanded for a determination of the proper amount to be awarded.

Section 13-6-11 permits an award of attorney’s fees and litigation expenses on default judgment when the plaintiff requested them in the complaint and the defendant caused unnecessary trouble and expense.

MESSIAHIC INC v. GLASSER IMAGES LLC · filed 2022-03-03

The Court finds that PayJunction’s claim for Attorney’s Fees against Glasser Images is legally sufficient and states a plausible claim for relief. Defendants have acted in bad faith, have stubbornly refused to comply with the Court’s order to mitigate damages caused solely by Defendants’ acts and omissions, and have caused PayJunction unnecessary trouble and expense. PayJunction put the Defendants on notice of its claim for attorney’s fees by specifically requesting attorney’s fees and costs in a separate count in the Complaint. The Clerk has entered default against the Defendants, and this Court shall enter default judgment against Defendants for PayJunction’s attorney’s fees and costs as a matter of law.

Section 13-6-11 leaves attorney-fee awards to the jury, so a court cannot award fees under it at summary judgment.

Kawas v. Spies · filed 2022-09-30

Thus, this Court does not have the authority to grant attorney fees under O.C.G.A. § 13-6-11 at this stage.

Section 13-6-11 allows reasonable attorney’s fees and litigation expenses when the plaintiff specifically requests them and the defendant acts in bad faith, is stubbornly litigious, or causes unnecessary trouble and expense; default can establish liability for those expenses.

Horizon Air Charter, LLC v. ACM Havayollari Sanayi TIC.LTD.STI · filed 2022-11-03

Accordingly, Defendant is liable for Plaintiff’s expenses of litigation including reasonable attorneys’ fees pursuant to O.C.G.A. § 13-6-11.

A plaintiff who requests litigation expenses under § 13-6-11 in the complaint may be entitled to them after the defendant defaults.

ALEXANDER v. FRANCIS · filed 2023-10-20

To begin with, because Francis placed Alexander and Capital Gains on notice that he would be seeking attorney fees and costs of litigation under OCGA § 13-6-11 in his complaint, and default judgment was subsequently entered against them for their failure to answer, Francis was “entitled to an award of attorney fees and expenses as a matter of law from the defendant having caused unnecessary trouble and expense.”52 The court did not err, then, in awarding fees under OCGA § 13-6-11.

Section 13-6-11 permits attorney fees and litigation expenses after a default judgment when the complaint requests them and counsel’s affidavit adequately proves the amounts.

CHIRONSOFT CO., LTD v. YOKIM MARKETING, LLC · filed 2025-01-29

In this case, Plaintiffs’ complaint included a prayer for attorney fees and expenses of litigation pursuant to OCGA § 13-6-11 exclusively. Plaintiffs also filed the affidavit of counsel, attesting to the rates of counsel and the total amount of attorney fees incurred ($7,607), as well as court costs and service fees ($1,813), and the efforts undertaken to serve Chironsoft under the Convention. Accordingly, there was no failure of proof and no merit to the claim that the trial court erred in failing to specify the Code section relied upon or the reasonableness of the award.

Section 13-6-11 permits an award of litigation expenses, including attorney fees, when the complaint requests that relief and default judgment is entered.

UNITED COMMUNITY BANK v. NEILL · filed 2022-10-12

The Court also awards UCB its expenses of litigation, including attorney’s fees, pursuant to O.C.G.A. § 13-6-11.

An award of litigation expenses under § 13-6-11 requires supporting findings from the trial court.

Bethelmie v. Heritage Place, LLC · filed 2014-02-05

Moreover, the trial court failed to include in her order findings that would support an award under either Code section. We have required such findings when a trial court awards costs of litigation under either OCGA § 13-6-11, see Parland v. Millennium Constr. Svcs., 276 Ga. App. 590, 593 (2) (623 SE2d 670) (2005), or OCGA § 9-15-14, see Reynolds v. Clark, 322 Ga. App. 788, 790 (1) (746 SE2d 266) (2013).

Section 13-6-11 requires evidence that attorney fees are reasonable to support an award of litigation expenses.

Hagan v. Keyes · filed 2014-10-09

In the absence of some documentation or testimony “to show what constituted a reasonable attorney fee in light of the litigation history of the case,” the evidence is insufficient to support the jury’s verdict.

Section 13-6-11 requires a plaintiff seeking attorney fees to provide evidence that the fees and expenses were reasonably incurred.

National Fire Insurance v. Thrasher Contracting, LLC · filed 2015-09-30

An award of attorneys’ fees under O.C.G.A. § 13-6-11 is authorized only where the plaintiff provides the Court with evidence demonstrating that the fees and expenses were reasonably incurred.

Section 13-6-11 permits an attorney fee award supported by counsel’s testimony and invoices when the claimed fees exclude work on an abandoned claim.

Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC · filed 2018-09-26

There was ample evidence presented to support the award. Counsel testified as to his associate’s involvement and confirmed that the fees did not include the claim for unjust enrichment.

An award of attorney fees under § 13-6-11 requires evidence of the value of the legal services, such as counsel’s hours, rates, or another measure of value.

Wimpy v. Martin · filed 2020-07-13

As such, the evidence was insufficient to support the amount of the attorney fees awarded to Martin, and we are constrained to reverse the award.

Section 13-6-11 permits attorney fees for a defendant’s bad faith, but the requested amount must be supported by evidence of its reasonableness.

GSR Markets Limited v. Valkyrie Group, LLC · filed 2022-10-21

Under Georgia law, a plaintiff can recover attorneys’ fees “where 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. ... The Court finds the Valkyrie Defendants had “a sinister motive” and “dishonest purpose” when they contracted to transfer $4,000,000 worth of Bitcoin with the intention of never transferring any Bitcoin. ... Mr. Robbins’s affidavit, however, falls short of establishing the reasonableness of the fees.

Section 13-6-11 permits an attorney fee award when evidence supports a statutory ground, the amount of the fees, and their reasonableness.

P&J Beverage Corporation v. the Bottle Shop, LLC · filed 2024-07-01

As there was testimony given to support the amounts and reasonableness of attorney fees, and there being some evidence authorizing the award of attorney fees due to P&J being stubbornly litigious, this Court cannot say that the jury erred by awarding attorney fees.

Section 13-6-11 requires an award of damages or other relief on the underlying claim before a court may award litigation expenses.

McClam v. City of Riverdale · filed 2024-08-29

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. ... Because the Court is dismissing the entirety of the Plaintiff’s merits claims, his attorney’s fees and punitive damages claims necessarily fail as well.

Section 13-6-11 allows attorney fees for bad faith, stubborn litigiousness, or unnecessary trouble and expense, but the claim cannot survive summary judgment without evidence supporting those grounds.

MJ Modern Trucking, Inc. v. Love's Travel Stops & Country Stores, Inc. · filed 2025-03-27

The Court agrees with Defendants that Plaintiff has not presented evidence from which a jury could conclude Defendants acted in bad faith or unjustifiably defended these claims. Indeed, in the light of the apparent lack of evidence on conduct connecting them to the harm, no reasonable jury could blame Defendants for their refusal. So the Court grants Defendants summary judgment on Plaintiff’s claim for attorneys’ fees.

An objection to the form of a § 13-6-11 attorney fee award must be preserved by a post-judgment objection.

Cb Lending, LLC v. Strategic Property Consulting Group, LLC · filed 2019-10-25

As a preliminary matter, we note that CB Lending is not authorized to challenge the legal basis for some of the attorney fees awarded by the special master, or any of the amounts awarded, because appellants have not provided any citation to SPCG’s relevant counterclaim for fees under OCGA § 44-14-3, any evidence that they filed a post-judgment objection below as the form of the OCGA § 13-6-11 award, or a transcript of the fee hearing held before the special master on November 16, 2017.

A party must timely appeal or otherwise challenge a final judgment that fails to award fees sought under § 13-6-11.

Re-Max Executives, Inc. v. Wallace · filed 1992-06-24

What appellants failed to do “within 30 days” was file an appeal or other proper exception to the “Final Order” for its failure to award attorney fees under OCGA § 13-6-11.

Section 13-6-11 allows litigation expenses for bad faith, stubborn litigiousness, or unnecessary trouble and expense, but judicial immunity bars an award against a judge for judicial acts within her jurisdiction.

KELLI C. RUTHERFORD IN HER OFFICAL CAPACITY v. JOSH MOODY · filed 2025-09-16

Even reviewing the record before us de novo, as we must, we cannot say that Judge Rutherford’s actions, all of which were taken in her capacity as a juvenile court judge, could reasonably be construed as non-judicial or extra-jurisdictional. It follows that the trial court did not err when it denied appellants’ motion for attorney fees under OCGA § 13-6-11.

Section 13-6-11 does not specifically authorize attorney fees in an action under Paragraph V of the Georgia Constitution and does not overcome a county’s sovereign immunity.

HENRY COUNTY v. GREATER ATLANTA HOME BUILDERS ASSOCIATION, INC. · filed 2026-02-27

As with the disgorgement remedy, Appellees failed to meet their burden to show the County waived its sovereign immunity to OCGA § 13-6-11 attorney fee awards under Paragraph V.