section 13 issue of attorney fees (Georgia) · Go Syfert
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section 13 issue of attorney fees in Georgia

8 Georgia opinions name it 2 courts 2012–2025 5 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Islamkhan v. Khangreen
ga · 2016 · cited in 3 Georgia opinions naming this issue, 2022–2024
2 sentences

2024Islamkhan v. Khan, 299 Ga. 548, 551 (2) ( 787 SE2d 731 ) (2016). “[I]f the judgment reserves the issue of attorney fees under OCGA § 13- 6-11, then one cannot claim that ‘the case is no longer pending in the court below’ as required by OCGA § 5-6-34 (a) (1).” Sotter v. Stephens, 291 Ga. 79, 84 ( 727 SE2d 484 ) (2012).

2024Islamkhan v. Khan, 299 Ga. 548, 551 (2) ( 787 SE2d 731 ) (2016). “[I]f the judgment reserves the issue of attorney fees under OCGA § 13- 6-11, then one cannot claim that ‘the case is no longer pending in the court below’ as required by OCGA § 5-6-34 (a) (1).” Sotter v. Stephens, 291 Ga. 79, 84 ( 727 SE2d 484 ) (2012).

33
SOTTER v. Stephensgreen
ga · 2012 · cited in 3 Georgia opinions naming this issue, 2022–2024
2 sentences

2024Islamkhan v. Khan, 299 Ga. 548, 551 (2) ( 787 SE2d 731 ) (2016). “[I]f the judgment reserves the issue of attorney fees under OCGA § 13- 6-11, then one cannot claim that ‘the case is no longer pending in the court below’ as required by OCGA § 5-6-34 (a) (1).” Sotter v. Stephens, 291 Ga. 79, 84 ( 727 SE2d 484 ) (2012).

2024Islamkhan v. Khan, 299 Ga. 548, 551 (2) ( 787 SE2d 731 ) (2016). “[I]f the judgment reserves the issue of attorney fees under OCGA § 13- 6-11, then one cannot claim that ‘the case is no longer pending in the court below’ as required by OCGA § 5-6-34 (a) (1).” Sotter v. Stephens, 291 Ga. 79, 84 ( 727 SE2d 484 ) (2012).

33
Srm Group, Inc. v. Travelers Property Casualty Company of Americagreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025Casualty Co. of America, 308 Ga. 404, 410 (841 SE2d 729) (2020) (holding that party was entitled to seek attorney fees under OCGA § 13- 6-11 based on claim for breach of contract asserted in counterclaim); Traders’ Ins.

2025Casualty Co. of America, 308 Ga. 404, 410 (841 SE2d 729) (2020) (holding that party was entitled to seek attorney fees under OCGA § 13- 6-11 based on claim for breach of contract asserted in counterclaim); Traders’ Ins.

11
City of Lilburn v. Astra Group, Inc.green
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025City of Lilburn v. Astra Group, 286 Ga. App. 568, 570 ( 649 SE2d 813 ) (2007) (citations and punctuation omitted).

2025City of Lilburn v. Astra Group, 286 Ga. App. 568, 570 ( 649 SE2d 813 ) (2007) (citations and punctuation omitted).

11
SPRING LAKE PROPERTY OWNERS ASSOCIATION, INC. v. Peacockgreen
ga · 1990 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Owners Ass’n, Inc. v. Peacock, 260 Ga. 80, 81 ( 390 SE2d 31 ) (1990) (holding that there was some evidence to support a jury award of attorney fees under OCGA § 13- 6-11 when the appellant built a gate that obstructed the appellees’ easement and “[t]he failure of appellant to admit its mistake and remove the obstruction across appellees’ easement showed stubborn litigiousness”); Ins.

2019Owners Ass’n, Inc. v. Peacock, 260 Ga. 80, 81 ( 390 SE2d 31 ) (1990) (holding that there was some evidence to support a jury award of attorney fees under OCGA § 13- 6-11 when the appellant built a gate that obstructed the appellees’ easement and “[t]he failure of appellant to admit its mistake and remove the obstruction across appellees’ easement showed stubborn litigiousness”); Ins.

11
Edwards-Warren Tire Co. v. Coblegreen
gactapp · 1960 · cited in 1 Georgia opinions naming this issue, 2013–2013
2 sentences

2013It is longstanding law that a party may recover attorney fees under OCGA § 13- 6-11 “[i]f the breach of [a] contract, which is the cause of action, is colored or poisoned by bad faith.” Edwards-Warren Tire Co. v. Coble, 102 Ga. App. 106, 114 ( 115 SE2d 852 ) (1960).

2013It is longstanding law that a party may recover attorney fees under OCGA § 13- 6-11 “[i]f the breach of [a] contract, which is the cause of action, is colored or poisoned by bad faith.” Edwards-Warren Tire Co. v. Coble, 102 Ga. App. 106, 114 ( 115 SE2d 852 ) (1960).

11
Ring v. Williamsgreen
gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012See Ring v. Williams, 192 Ga. App. 329, 331 (3) ( 384 SE2d 914 ) (1989).

2012See Ring v. Williams, 192 Ga. App. 329, 331 (3) ( 384 SE2d 914 ) (1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Traders Insurance v. Mann green
ga · 1903
2 sentences

2025Co. v. Mann, 118 Ga. 381, 381 385-386 (45 SE 426) (1903) (construing predecessor to OCGA § 13-6-11, describing conduct that could constitute bad faith in an action on an insurance policy, and holding that a mere refusal to pay does not constitute bad faith). 7 estate would demonstrate that the defendants acted in bad faith sufficient to authorize the recovery of litigation expenses under a predecessor to OCGA § 13-6-11.

2025Co. v. Mann, 118 Ga. 381, 381 385-386 (45 SE 426) (1903) (construing predecessor to OCGA § 13-6-11, describing conduct that could constitute bad faith in an action on an insurance policy, and holding that a mere refusal to pay does not constitute bad faith). 7 estate would demonstrate that the defendants acted in bad faith sufficient to authorize the recovery of litigation expenses under a predecessor to OCGA § 13-6-11.

12025–2025

Statutes the citing opinions construe

GA § 13-6-11 (8) GA § 5-6-34 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CO 10 (2009–2024) GA 8 (2012–2025) IL 2 (1993–2021) CA 2 (1980–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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