Flatbush Federal Savings & Loan Ass'n of Brooklyn v. Dozier

240 S.E.2d 552, 240 Ga. 227, 1977 Ga. LEXIS 1457

• Court: Supreme Court of Georgia
• Decided: November 28, 1977
• Docket: 32779
• Status: Published

Opinion

Hall, Justice.

In an equitable proceeding to marshal the assets of an insolvent estate, Flatbush Federal Savings & Loan Association appeals from an order of the superior court denying its motion for attorney fees as part of its secured claim against the estate.

Argued October 11, 1977 Decided November 28, 1977. Davis, Matthews & Quigley, Ron L. Quigley, Theodore Salter, Jr., for appellant. Alston, Miller & Gaines, Ben F. Johnson, III, Robert G. Edge, for appellee.

Under the rationale of Strickland v. Williams, 215 Ga. 175 (109 SE2d 761) (1959), which expresses well the competing equities presented by the instant lawsuit, the claim of Flatbush Federal for attorney fees was correctly denied by the superior court.

Judgment affirmed.

All the Justices concur.