United States Fidelity & Guaranty Co. v. Gammage

Court of Appeals of Georgia

United States Fidelity & Guaranty Co. v. Gammage

119 S.E.2d 601, 103 Ga. App. 457, 1961 Ga. App. LEXIS 965

CourtCourt of Appeals of Georgia

DecidedApril 4, 1961

Docket38756

StatusPublished

This text of 119 S.E.2d 601 (United States Fidelity & Guaranty Co. v. Gammage) 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

United States Fidelity & Guaranty Co. v. Gammage, 119 S.E.2d 601, 103 Ga. App. 457, 1961 Ga. App. LEXIS 965 (Ga. Ct. App. 1961).

Pincite

Opinion

Felton, Chief Judge.

The procedure followed by the attorneys in this case is authorized by Code § 114-711. A lump-sum award may be made to' the attorney or attorneys for a claimant. Employers Liability &c. Corp. v. Pruitt, 63 Ga. App. 149 (3) (10 S. E. 2d 275), and cases cited. The award ordering the lump-sum payment of attorney’s fees was not appealed from nor attacked in any way, and became final. Code § 114-710. Hence an award which shows on its face that it is intended to be final and not subject to modification may not be arbitrarily set aside without a hearing. The question whether the award could have been changed before the money was paid because of a change in the employee’s condition is not raised in this proceeding.

The court did not err in entering judgment for the attorney’s fees in accordance with the award of the State Board of Workmen’s Compensation.

Judgment affirmed.

Nichols and Bell, JJ., concur.

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Felton, Chief Judge.

The procedure followed by the attorneys in this case is authorized by Code § 114-711. A lump-sum award may be made to' the attorney or attorneys for a claimant. Employers Liability &c. Corp. v. Pruitt, 63 Ga. App. 149 (3) (10 S. E. 2d 275), and cases cited. The award ordering the lump-sum payment of attorney’s fees was not appealed from nor attacked in any way, and became final. Code § 114-710. Hence an award which shows on its face that it is intended to be final and not subject to modification may not be arbitrarily set aside without a hearing. The question whether the award could have been changed before the money was paid because of a change in the employee’s condition is not raised in this proceeding.

The court did not err in entering judgment for the attorney’s fees in accordance with the award of the State Board of Workmen’s Compensation.

Judgment affirmed.

Nichols and Bell, JJ., concur.

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Bluebook (online)

119 S.E.2d 601, 103 Ga. App. 457, 1961 Ga. App. LEXIS 965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-fidelity-guaranty-co-v-gammage-gactapp-1961.

Opinion

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