Sims v. GT Architecture Contractors Corp. (2008)

See generally Sims v. GT Architecture Contractors Corp., 292 Ga. App. 94, 96 (1), n. 6 ( 663 SE2d 797 ) (2008) (“If a judgment entered pursuant to the granting of a directed verdict is right for any reason, it will be affirmed.”) (citation and punctuation omitted).

Architecture Contractors Corp., 292 Ga. App. 94, 96 (1) ( 663 SE2d 797 ) (2008) (“[A]n award of attorney fees cannot stand where the plaintiff fails to prove the actual costs of his attorneys and the reasonableness of those costs.”); Kwickie/Flash Foods, Inc. v. Lakeside Petroleum, Inc., 256 Ga. App. 556, 558 (2) ( 568 SE2d 816 ) (2002) (“An award of attorney fees is unauthorized if appellee failed to prove the actual costs of the attorney and the reasonableness of those cos…

See OCGA § 9-11-68 (a) (providing that a party may make a written settlement offer not less than 30 days (or 20 days if it is a counteroffer) before trial). 17 (Emphasis supplied.) 18 See OCGA § 9-11-68 (c) (“An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected.”). 19 (Emphasis supplied.) 20 Mahone does not dispute that 125 percent of Harris’s counteroffer is $27,500. 21 OCGA § 9-11-68 (b) (2). 22 See Georgia Dep’t of Corr. v. Couch, 295 Ga…

The three conditions for recovering litigation expenses under this statute are disjunctive; that is, “the plaintiff may show that any one of the three conditions exists—bad faith, stubborn litigiousness, or unnecessary trouble and expense.” , 292 Ga. App. 94, 96 (2008).

Architecture Contractors Corp., 292 Ga. App. 94, 96 (1) ( 663 SE2d 797 ) (2008) (where the question of attorney fees is to be decided by a jury, the plaintiff must present at trial evidence showing “the actual costs of his attorneys and the reasonableness of those costs”).

Smith, P. J., and Dillard, J., concur. 1 Cindy McDowell, his wife, alleged a loss of consortium claim. 2 (Citations and punctuation omitted.) MARTA v. Green Intl., 235 Ga. App. 419, 420 (1) ( 509 SE2d 674 ) (1998). 3 See OCGA § 5-5-24 (a); Sims v. GT Architecture Contractors Corp., 292 Ga. App. 94, 97 (2) ( 663 SE2d 797 ) (2008) (regarding a claim that the trial court gave an erroneous jury instruction, “an objection made at a charge conference before the charge is given doe…

See generally Wal-Mart Stores v. Lee, 290 Ga. App. 541, 546 (1) ( 659 SE2d 905 ) (2008) (before imposing sanctions, trial court must consider relevant factors, weigh the degree of spoliator’s culpability against the prejudice to the opposing party, and exercise its discretion by imposing sanctions which correspond to its findings); Brito v. Gomez Law Group, 289 Ga. App. 625, 631-632 (3) (b) ( 658 SE2d 178 ) (2008). 9 The Supreme Court cited Jenkins v. State, 284 Ga. 642, 643…

Andrews and McFadden, JJ., concur. 1 See Francis v. Francis, 279 Ga. 248, 249 ( 611 SE2d 45 ) (2005) (objecting on specific grounds at trial waives the grounds not asserted). 2 See OCGA § 5-5-24 (a); Sims v. GT Architecture Contractors Corp., 292 Ga. App. 94, 97 (2) ( 663 SE2d 797 ) (2008) (regarding a claim that the trial court gave an erroneous jury instruction, “an objection made at a charge conference before the charge is given does not preserve a charging issue for appe…

OCGA § 5-5-24 (a) (“[I]n all civil cases, no party may complain of the giving or the failure to give an instruction to the jury unless he [or she] objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds for his objection”); Sims v. GT Architecture Contractors Corp., 292 Ga. App. 94, 97 (2) ( 663 SE2d 797 ) (2008) (with respect to claim that trial court gave an erroneous jury instruction, “an objection made at a c…

See Sims v. GT Architecture Contractors Corp., 292 Ga. App. 94, 96 (1) ( 663 SE2d 797 ) (2008) (award of attorney fees under OCGA § 13-6-11 “cannot stand where the plaintiff fails to prove the actual costs of his attorneys and the reasonableness of those costs”) (citation omitted).

See Sims v. GT Architecture Contractors Corp., 292 Ga. App. 94, 96 (1) ( 663 SE2d 797 ) (2008) (award of attorney fees under OCGA § 13-6-11 “cannot stand where the plaintiff fails to prove the actual costs of his attorneys and the reasonableness of those costs”) (citation omitted).