Shareholder action for judicial dissolution.

- In an action by plaintiff-shareholder seeking judicial dissolution due to a shareholder deadlock, plaintiff was not entitled to attorney's fees under O.C.G.A. § 9-8-13 since the court did not appoint a receiver and bring a fund into court for distribution. Industrial Distrib. Group, Inc. v. Waite, 268 Ga. 115, 485 S.E.2d 792 (1997), rev'g Industrial Distrib. Group, Inc. v. Waite, 222 Ga. App. 233, 474 S.E.2d 28 (1996).

Compensation of receiver determined by court.

- The compensation of the receiver, and the party or parties to be charged with the payment of the compensation, are matters to be determined exclusively by the court from which the receiver receives appointment. Hall v. Stulb, 126 Ga. 521, 55 S.E. 172 (1906).

Because the corporations and the corporates' principals did not comply with Ga. Ct. App. R. 25(c)(2) by providing legal authority to support their contentions, the trial court properly set the receiver's fees pursuant to O.C.G.A. § 9-8-13, half of which was to be paid by the corporations and the corporations' principal jointly and severally. D.C. Micro Dev., Inc. v. Briley, 310 Ga. App. 309, 714 S.E.2d 11 (2011).

Award of attorney's fee is matter in discretion of court in which the receivership is obtained. Broyles v. Baumstark, 87 Ga. App. 155, 73 S.E.2d 257 (1952).

Determination of nature of services and excessiveness and apportionment of fees rests largely in discretion of trial court. First Fed. Sav. & Loan Ass'n v. Stephens, 226 Ga. 867, 178 S.E.2d 170 (1970).

Trial court's award of receiver's fee not disturbed unless discretion abused.

- The taxing of administrative expense in equitable proceedings is left to the discretion of the trial judge, and the trial judge's action in such matters will not be disturbed unless a manifest abuse of such discretion is shown. Edwards v. United Food Brokers, Inc., 196 Ga. 241, 26 S.E.2d 348 (1943).

No abuse of discretion where fees not unreasonably excessive.

- No matter what amounts a judge might have settled upon for fees under this section, if the judge did not exceed the range in which there could be room for reasonable and experienced minds to differ, the Supreme Court cannot declare an abuse of discretion. Greyling Realty Corp. v. Lawson, 179 Ga. 188, 175 S.E. 453 (1934) (see O.C.G.A. § 9-8-13).

Agreement to pay compensation to receiver by interested party is void unless approved by court. Hall v. Stulb, 126 Ga. 521, 55 S.E. 172 (1906).

Temporary receiver appointed without notice to defendant is not entitled to compensation out of property where the appointment was subsequently vacated and plaintiff's petition dismissed. Aetna Steel & Iron Co. v. Hamilton, 133 Ga. 85, 65 S.E. 145 (1909).

If appointment of temporary receiver at instance of plaintiff is rescinded as improvident, taking of compensation against plaintiff is not abuse of discretion. Capital City Tobacco Co. v. Anderson, 138 Ga. 667, 75 S.E. 1040 (1912).

Considerations which should control in fixing compensation are the value of the property in controversy; the particular benefit derived from the receiver's efforts and attention; time, labor, skill required, and experience in the proper performance of the duties imposed; their fair value measured by common business standards; and the degree of integrity and dispatch with which the work of the receivership is conducted. Edwards v. United Food Brokers, Inc., 196 Ga. 241, 26 S.E.2d 348 (1943).

In appraising value of services of plaintiffs' counsel, number of things should be considered, including the amount of the indebtedness to the plaintiffs and other creditors, the value of the assets or funds brought into court by the services of the attorneys, the intricacy of the facts and circumstances and of the legal questions involved, the degree of professional skill and ability required and exercised, the time and labor necessarily expended, and the benefit to the plaintiffs and the class represented. Greyling Realty Corp. v. Lawson, 179 Ga. 188, 175 S.E. 453 (1934).

It was not error for court to deny application of attorneys for allowance of fees where a suit was brought by individual holders of bonds issued by a corporation in receivership, and the suit resulted in no benefit to the corporation or to its bondholders, either by increasing the funds in the hands of the receivers or by subjecting additional property to the receivership. Christian Women's Benevolent Ass'n v. Atlanta Trust Co., 181 Ga. 576, 183 S.E. 551 (1936).

Error to amend order fixing counsel's fees at request of bankruptcy trustee.

- Where court made an order fixing fees of counsel for the receiver and where, pending the receivership case, the firm was adjudicated a bankrupt in a bankruptcy court, and the trustee in bankruptcy thereafter filed an intervention in the receivership case, praying that the judgment awarding fees to counsel be modified, it was error to amend the first order fixing the fees of counsel by reducing them. Joel v. Nix, 175 Ga. 96, 165 S.E. 10 (1932).

Cited in Adams v. Aycock, 11 Ga. App. 793, 76 S.E. 161 (1912); Keating v. Fuller, 151 Ga. 66, 105 S.E. 844 (1921); Turner v. Shupin, 166 Ga. 806, 144 S.E. 274 (1928); Johnston v. Higdon, 44 Ga. App. 313, 161 S.E. 382 (1931); Sims v. Ramsey, 186 Ga. 732, 198 S.E. 770 (1938); Mendenhall v. Stovall, 191 Ga. 452, 12 S.E.2d 589 (1940); Georgia Veneer & Package Co. v. Florida Nat'l Bank, 198 Ga. 591, 32 S.E.2d 465 (1944); Rogers v. Taintor, 199 Ga. 192, 33 S.E.2d 708 (1945); United Bonded Whse., Inc. v. Jackson, 207 Ga. 627, 63 S.E.2d 666 (1951); Broyles v. Baumstark, 87 Ga. App. 155, 73 S.E.2d 257 (1952); Nesmith v. J & G Shoes, Inc., 244 Ga. 244, 260 S.E.2d 3 (1979); Caldwell v. State, 253 Ga. 400, 321 S.E.2d 704 (1984).

Am. Jur. 2d.

- 66 Am. Jur. 2d, Receivers, § 212 et seq.

C.J.S.

- 75 C.J.S., Receivers, § 468 et seq.

ALR.

- Priority of receiver's compensation over expenses, taxes, or receiver's certificates, 24 A.L.R. 1174.

Right of invalidly appointed receiver to compensation as such, 34 A.L.R. 1356.

Liability of one procuring appointment of receiver for expenses of receivership, 68 A.L.R. 878.

Attorneys' fees or other expenses incurred in unsuccessfully resisting appointment or attempting removal of receiver for corporation as proper claim against receiver, 89 A.L.R. 1531.

Power, after institution of bankruptcy proceedings, of court in which receivership or assignment proceedings have previously been begun, to allow or pay fees or other compensation or expenses connected therewith, 90 A.L.R. 1217.

Priority as between receiver's fees and wages earned during receivership, 128 A.L.R. 385.

Costs and other expenses incurred by fiduciary whose appointment was improper as chargeable against estate, 4 A.L.R.2d 160.

Reimbursement of expenses, other than for professional services, to official creditors' committees, or members thereof, in Chapter 11 bankruptcy proceedings, under Bankruptcy Reform Act of 1978 (11 USCS §§ 101 et seq.), 109 A.L.R. Fed. 842.