Home/Court of Appeals of Georgia/Preferred Risk Mutual Insurance v. Thomas

Preferred Risk Mutual Insurance v. Thomas

264 S.E.2d 662, 153 Ga. App. 154, 1980 Ga. App. LEXIS 1719
CourtCourt of Appeals of Georgia
DecidedJanuary 9, 1980
Docket58818
StatusPublished
Cited by13 cases

This text of 264 S.E.2d 662 (Preferred Risk Mutual Insurance v. Thomas) 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
Preferred Risk Mutual Insurance v. Thomas, 264 S.E.2d 662, 153 Ga. App. 154, 1980 Ga. App. LEXIS 1719 (Ga. Ct. App. 1980).

Opinion

Deen, Chief Judge.

Appellees brought this action against Preferred Risk Mutual Insurance Co. to recover the amount of a judgment entered against an uninsured motorist, bad faith penalties, and attorney fees. The jury awarded the Thomases $10,190.73 plus interest and court costs, found that Preferred Risk acted in bad faith and awarded a penalty of $2,547.68 and $4,200 for attorney fees.

1. After a verdict and judgment have been entered, this court cannot review a judgment denying a motion for summary judgment because that issue became moot when the court heard evidence at trial. Talmadge v. Talmadge, 241 Ga. 609 (247 SE2d 61) (1978).

2. Appellant contends that the trial court erred in denying its motion for a judgment notwithstanding the verdict as to the award of bad faith penalties. We have examined the entire transcript of the trial and find that there was evidence from which the jury could determine that appellant acted in bad faith and therefore we must affirm under the "any evidence” rule. Winston Corp. v. Park Elec. Corp., 130 Ga. App. 508 (203 SE2d 753) (1973).

3. Appellant also enumerates as error the trial court’s denial of its motion for a judgment notwithstanding the verdict as to the award of attorney fees arguing that the Thomases failed to lay a proper foundation as set forth in Altamaha Convalescent Center v. Godwin, 137 Ga. App. 394 (224 SE2d 76) (1976). The record shows that appellant failed to raise an objection based on this issue at trial. Similarly, no objection was raised at trial to the inclusion of several expense items. [155]*155This enumeration is without merit as appellant cannot raise these issues for the first time on appeal. Tyler v. State, 147 Ga. App. 394 (249 SE2d 109) (1978).

Argued November 5, 1979 Decided January 9, 1980 — Rehearing denied January 24, 1980. Malcolm S. Murray, William A. Dinges, for appellant. J. Douglas Parks, Robert J. Reed, for appellees.

Judgment affirmed.

Shulman and Carley, JJ., concur.

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

Related

Lynas v. Williams
454 S.E.2d 570 (Court of Appeals of Georgia, 1995)
Sanders v. Bowen
396 S.E.2d 908 (Court of Appeals of Georgia, 1990)
National Security Fire & Casualty Co. v. London
348 S.E.2d 580 (Court of Appeals of Georgia, 1986)
Holloman v. McAllister
345 S.E.2d 728 (Supreme Court of South Carolina, 1986)
Litton Industries Credit Corp. v. Lunceford
333 S.E.2d 373 (Court of Appeals of Georgia, 1985)
Groover v. Dickey
325 S.E.2d 617 (Court of Appeals of Georgia, 1984)
Royal v. Davis Hauling Co.
297 S.E.2d 333 (Court of Appeals of Georgia, 1982)
Bigney v. Blanchard
430 A.2d 839 (Supreme Judicial Court of Maine, 1981)
Allen v. Cobb Heating & Air Conditioning Co.
279 S.E.2d 505 (Court of Appeals of Georgia, 1981)
Puppy Love Kennel, Inc. v. Norton
279 S.E.2d 312 (Court of Appeals of Georgia, 1981)
City of Douglas v. Johnson
278 S.E.2d 160 (Court of Appeals of Georgia, 1981)
Rothstein v. DeKalb County Hospital Authority
274 S.E.2d 48 (Court of Appeals of Georgia, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
264 S.E.2d 662, 153 Ga. App. 154, 1980 Ga. App. LEXIS 1719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/preferred-risk-mutual-insurance-v-thomas-gactapp-1980.