Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DAVIS et al. v. FOMON.

SMITH, Judge.

The only issue raised on this appeal is the propriety of a jury award and judgment for expenses of litigation including attorney fees (Code § 20-1404) in a propriety damage suit. There was evidence which would authorize a jury to find that the defendant had been stubbornly litigious. But there was no evidence produced to guide the jury in determining the amount of damages to be awarded as expenses of litigation or attorney fees. Since an allowance for damages cannot be based on guesswork ( Tendrift Realty Co. v. Hayes, 140 Ga. App. 896 ( 232 S.E.2d 169) (1977)), the plaintiff failed to make out a proper case for these damages, and the award was not supported by the evidence.

Judgment affirmed with direction that the plaintiff write off from the judgment the amount allowed as attorney fees; otherwise, the judgment stands reversed. Bell, C. J., and McMurray, J., concur.

SUBMITTED OCTOBER 4, 1977 — DECIDED NOVEMBER 16, 1977.
Use AI to get other relevant cases.

Comments

DAVIS v. FOMON
(Nov 16, 1977)