Barnes v. City of Atlanta

Court of Appeals of Georgia

Barnes v. City of Atlanta

639 S.E.2d 420, 282 Ga. App. 724, 2006 Fulton County D. Rep. 3824, 2006 Ga. App. LEXIS 1519

CourtCourt of Appeals of Georgia

DecidedDecember 5, 2006

DocketA05A0873

StatusPublished

This text of 639 S.E.2d 420 (Barnes v. City of Atlanta) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. City of Atlanta, 639 S.E.2d 420, 282 Ga. App. 724, 2006 Fulton County D. Rep. 3824, 2006 Ga. App. LEXIS 1519 (Ga. Ct. App. 2006).

Pincite

Opinion

JOHNSON, Presiding Judge.

In Barnes v. City of Atlanta, 275 Ga. App. 385 (620 SE2d 846) (2005), we affirmed the trial court’s rulings that Class I plaintiffs could only recover refunds for the three years preceding their re-certification, and that those lawyers who opted out of their class would not be responsible for the attorney fees of class counsel. The Supreme Court granted certiorari and reversed, holding (i) that the trial court failed to recognize that the filing of the refund claims in the trial court by named plaintiffs who had exhausted their administrative remedies satisfied the exhaustion requirement on behalf of the Class I plaintiffs, and (ii) that those taxpayers who opt out would be unjustly enriched if they were not required to pay attorney fees through the common fund. Barnes v. City of Atlanta, 281 Ga. 256 (637 SE2d 4) (2006). Accordingly, our prior judgment is vacated, the [725]*725judgment of the Supreme Court is made the judgment of this court, and the judgment of the trial court is reversed.

Decided December 5, 2006. Winburn, Lewis, Barrow & Stolz, Irwin W. Stolz, Jr., Decker, Hallman, Barber & Briggs, Robert D. Feagin, for appellants. Lemuel H. Ward, Linda K. DiSantis, for appellee.

Judgment reversed.

Ruffin, C. J., Blackburn, P. J., Smith, P. J., Barnes, Miller and Bernes, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

JOHNSON, Presiding Judge.

In Barnes v. City of Atlanta, 275 Ga. App. 385 (620 SE2d 846) (2005), we affirmed the trial court’s rulings that Class I plaintiffs could only recover refunds for the three years preceding their re-certification, and that those lawyers who opted out of their class would not be responsible for the attorney fees of class counsel. The Supreme Court granted certiorari and reversed, holding (i) that the trial court failed to recognize that the filing of the refund claims in the trial court by named plaintiffs who had exhausted their administrative remedies satisfied the exhaustion requirement on behalf of the Class I plaintiffs, and (ii) that those taxpayers who opt out would be unjustly enriched if they were not required to pay attorney fees through the common fund. Barnes v. City of Atlanta, 281 Ga. 256 (637 SE2d 4) (2006). Accordingly, our prior judgment is vacated, the [725]*725judgment of the Supreme Court is made the judgment of this court, and the judgment of the trial court is reversed.

Decided December 5, 2006. Winburn, Lewis, Barrow & Stolz, Irwin W. Stolz, Jr., Decker, Hallman, Barber & Briggs, Robert D. Feagin, for appellants. Lemuel H. Ward, Linda K. DiSantis, for appellee.

Judgment reversed.

Ruffin, C. J., Blackburn, P. J., Smith, P. J., Barnes, Miller and Bernes, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

639 S.E.2d 420, 282 Ga. App. 724, 2006 Fulton County D. Rep. 3824, 2006 Ga. App. LEXIS 1519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-city-of-atlanta-gactapp-2006.

Opinion

Related

Cite This Page — Counsel Stack