Carnes v. Adel Steel, Inc.

Court of Appeals of Georgia

Carnes v. Adel Steel, Inc.

424 S.E.2d 902, 205 Ga. App. 873, 92 Fulton County D. Rep. 2461, 1992 Ga. App. LEXIS 1521

CourtCourt of Appeals of Georgia

DecidedOctober 21, 1992

DocketA92A1076

StatusPublished

This text of 424 S.E.2d 902 (Carnes v. Adel Steel, Inc.) 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

Carnes v. Adel Steel, Inc., 424 S.E.2d 902, 205 Ga. App. 873, 92 Fulton County D. Rep. 2461, 1992 Ga. App. LEXIS 1521 (Ga. Ct. App. 1992).

Pincite

Opinion

Carley, Presiding Judge.

Appellee-plaintiff brought suit against appellant-defendant for breach of contract. Appellant answered and counterclaimed against appellee for breach of contract. After a jury trial, a verdict in favor of appellee was returned. Thereafter, the trial court entered judgment on the jury’s verdict and, sua sponte, awarded attorney’s fees to appellee. Appellant appeals.

1. Appellant enumerates the general grounds.

The evidence was not without conflict. However, “[w]e have ex[874]*874amined the transcript and find evidence to support the verdict of the jury and the judgment of the [court]. There being some evidence to support the judgment, we must and will affirm. [Cit.]” Franks v. Reese, 151 Ga. App. 670, 672 (261 SE2d 420) (1979).

Decided October 21, 1992. B. Dean Grindle, Jr., for appellant. Moser & Aeree, Gary L. Moser, Randall S. Aeree, for appellee.

2. The trial court’s sua sponte award of attorney’s fees was presumably based upon OCGA § 9-15-14 (b). However, the trial court did not make the requisite finding so as to authorize an award thereunder. Market Ins. Corp. v. IHM, Inc., 192 Ga. App. 441, 442 (3) (385 SE2d 307) (1989), overruled on other grounds, Fowler v. Vineyard, 261 Ga. 454, 456 (2) (405 SE2d 678) (1991). Accordingly, that portion of the judgment must be reversed.

Judgment affirmed in part and reversed in part.

Pope and Johnson, JJ., concur.

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

Carley, Presiding Judge.

Appellee-plaintiff brought suit against appellant-defendant for breach of contract. Appellant answered and counterclaimed against appellee for breach of contract. After a jury trial, a verdict in favor of appellee was returned. Thereafter, the trial court entered judgment on the jury’s verdict and, sua sponte, awarded attorney’s fees to appellee. Appellant appeals.

1. Appellant enumerates the general grounds.

The evidence was not without conflict. However, “[w]e have ex[874]*874amined the transcript and find evidence to support the verdict of the jury and the judgment of the [court]. There being some evidence to support the judgment, we must and will affirm. [Cit.]” Franks v. Reese, 151 Ga. App. 670, 672 (261 SE2d 420) (1979).

Decided October 21, 1992. B. Dean Grindle, Jr., for appellant. Moser & Aeree, Gary L. Moser, Randall S. Aeree, for appellee.

2. The trial court’s sua sponte award of attorney’s fees was presumably based upon OCGA § 9-15-14 (b). However, the trial court did not make the requisite finding so as to authorize an award thereunder. Market Ins. Corp. v. IHM, Inc., 192 Ga. App. 441, 442 (3) (385 SE2d 307) (1989), overruled on other grounds, Fowler v. Vineyard, 261 Ga. 454, 456 (2) (405 SE2d 678) (1991). Accordingly, that portion of the judgment must be reversed.

Judgment affirmed in part and reversed in part.

Pope and Johnson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

424 S.E.2d 902, 205 Ga. App. 873, 92 Fulton County D. Rep. 2461, 1992 Ga. App. LEXIS 1521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnes-v-adel-steel-inc-gactapp-1992.

Opinion

1. Appellant enumerates the general grounds.

Related

Cite This Page — Counsel Stack