How cited: Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissioners · Go Syfert

Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissioners (2017)

green · 35 citation events across 4 courts. Showing the 15 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2017 → 2026 · click a year to view the case as of then
201720212026
But See · Ga. Ct. App. · signal: but see · 2 citations in this opinion
But see Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs., 302 Ga. 284, 287 (4) ( 806 SE2d 561 ) (2017) (declining to address “whether attorney fees are available under OCGA § 13-6-11 in connection with declaratory and mandamus relief,” given the absence of briefing on the issue). 8 Here, however, Halsell sought not only declaratory relief but also injunctive relief.
Rule Authority · Ga. Ct. App. · 4 citations in this opinion
Any decision on Appellees’ motion to dismiss should have been resolved on the content and sufficiency of the pleadings, see Kammerer Real Estate Holdings, LLC v. Forsyth County Bd. of Commrs., 302 Ga. 284, 286 (2) ( 806 SE2d 561 ) (2017), and, in this case, it was not. 4 Further, given that the trial court’s ruling was based solely on the mischaracterization of Appellant’s claims, we need not consider the claims actually raised in Appellant’s complaint.4 See City of Rincon v…
Quote Authority · Ga. Ct. App. · signal: see · 2 citations in this opinion
See Kammerer Real Estate Holdings v. Forsyth County Bd. of Commissioners, 302 Ga. 284, 287 (4) ( 806 SE2d 561 ) (2017) (“a claim for attorney fees under OCGA § 13-6-11 is a derivative claim”).
“a claim for attorney fees under OCGA § 13-6-11 is a derivative claim”
Rule Authority · N.D. Ga. · 2 citations in this opinion
Bd. of Comm’rs, 302 Ga. 284, 287 (2017) (noting that “a claim for attorney fees under OCGA § 13-6-11 is a derivative claim”).
noting that “a claim for attorney fees under OCGA § 13-6-11 is a derivative claim”
Quote Authority · Ga. Ct. App. · signal: see also · 2 citations in this opinion
Ga. Motor Trucking Assn. v. Ga. Dept. of Revenue, 301 Ga. 354, 367 (B) ( 801 SE2d 9 ) (2017); see also Kammerer Real Estate Holdings, LLC v. Forsyth County Bd. of Commrs., 302 Ga. 284, 287 (4) ( 806 SE2d 561 ) (2017) (“[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim[.]”); Racette v. Bank of America, N.A., 318 Ga. App. 171, 181 (6) ( 733 SE2d 457 ) (2012) (claim for punitive damages is derivative of a plaintiff’s substantive claims); Wright v. Apartment…
“[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim[.]”
Quote Authority · Ga. Ct. App. · signal: see also · 2 citations in this opinion
Ga. Motor Trucking Assn. v. Ga. Dept. of Revenue , 301 Ga. 354 , 367 (B), 801 S.E.2d 9 (2017) ; see also Kammerer Real Estate Holdings, LLC v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 287 (4), 806 S.E.2d 561 (2017) ("[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim[.]"); Racette v. Bank of America, N.A. , 318 Ga. App. 171 , 181 (6), 733 S.E.2d 457 (2012) (claim for punitive damages is derivative of a plaintiff's substantive claims); *235 Wright v. …
"[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim[.]"
Quote Authority · Ga. Ct. App. · signal: see · 2 citations in this opinion
See Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs., 302 Ga. 284, 287 (4) ( 806 SE2d 561 ) (2017) (“[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim.”); DaimlerChrysler Motors Co., 294 Ga. App. at 52 (5) (attorney fees claim failed as a matter of law where plaintiff could not succeed on any underlying tort claim).
“[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim.”
Quote Authority · Ga. Ct. App. · signal: see · 2 citations in this opinion
See *514 Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 287 (4), 806 S.E.2d 561 (2017) ("[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim."); DaimlerChrysler Motors Co. , 294 Ga. App. at 52 (5), 668 S.E.2d 737 (attorney fees claim failed as a matter of law where plaintiff could not succeed on any underlying tort claim).
"[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim."
Rule Authority · Ga. Ct. App.
While Roberts complains that Appellees failed to offer evidence or rebuttal at the hearing, they were not required to do so.5 “When presented with a motion to dismiss for failure to state a claim, a court must examine the sufficiency of the pleadings.” Kammerer Real Estate Holdings, LLC v. Forsyth County Bd. of Comm’rs, 302 Ga. 284, 286 (2) ( 806 SE2d 561 ) (2017). “[O]nly the pleadings — not evidence — are evaluated in a motion to dismiss pursuant to OCGA § 9-11-12(b)(6).”M…
Rule Authority · S.D. Ga.
Bd. of Commissioners, 806 S.E.2d 561, 564 (Ga. 2017).
Quote Authority · N.D. Ga.
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.”).
“[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim . . . .”
Rule Authority · Ga. Ct. App.
Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs., 302 Ga. 284, 285 (1) n. 2 ( 806 SE2d 561 ) (2017).
Rule Authority · Ga. Ct. App.
Kammerer Real Estate Holdings, LLC v. Forsyth County Bd. of 10 Commrs., 302 Ga. 284, 285 (1) n.2 ( 806 SE2d 561 ) (2017).
Rule Authority · Ga.
Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs., 302 Ga. 284, 286 ( 806 SE2d 561 ) (2017).
Rule Authority · Ga. · signal: cf.
Cf. Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs., 302 Ga. 284, 285 (1), n.2 ( 806 SE2d 561 ) (2017). 682) (1968).