Covington Square Associates, LLC v. Ingles Markets, Inc.

700 S.E.2d 687, 305 Ga. App. 681, 2010 Fulton County D. Rep. 2824, 2010 Ga. App. LEXIS 792

• Court: Court of Appeals of Georgia
• Decided: August 26, 2010
• Docket: A09A2145
• Status: Published

Opinion

MlKELL, Judge.

In Covington Square Assoc., LLC v. Ingles Markets, Inc., 1 we affirmed the trial court’s grant of summary judgment in favor of Ingles Markets, Inc. (“Ingles”) on its claim for conversion and attorney fees, but reversed the grant of summary judgment to Ingles on its claim for punitive damages. 2 On writ of certiorari, the Supreme Court of Georgia reversed the attorney fees portion of our decision, holding that the language of OCGA,§ 13-6-11 prevents a trial court from ever determining that a claimant is entitled to attorney fees as a matter of law. 3 We hereby adopt the Supreme Court’s opinion as our own, and reverse the tried court’s grant of summary judgment to Ingles on its claim for attorney fees.

Decided August 26, 2010. Michael A. Kessler, for appellant. Hartman, Simons, Spielman & Wood, Samuel R. Arden, Jill R. Johnson, for appellee.

Judgment reversed.

Johnson, P. J., and Ellington, J., concur.

1 300 Ga. App. 740 (686 SE2d 359) (2009).

2 Id.

3 Covington Square Assoc., LLC v. Ingles Markets, Inc., 287 Ga. 445 (696 SE2d 649) (2010).