Legal Opinion
BENCHMARK BUILDERS, INC. v. Schultz
Court of Appeals of Georgia
Decided March 22, 2012No. A09A2373PublishedCited by 5 opinions
1Opinion of the Court
BARNES, Presiding Judge.
In Benchmark Builders v. Schultz, 302 Ga. App. 888 (691 SE2d 916) (2010), we upheld the award of attorney fees to Stephen and Elizabeth Schultz holding that Benchmark Builders, Inc. had waived any claim that the award under OCGA § 13-6-11 was improper by failing to object to the verdict form. The Supreme Court of Georgia reversed our decision, finding that absent an award of actual damages, a party who fails to object to the verdict form does not waive a claim that an award of attorney fees under OCGA § 13-6-11 1 is improper. Benchmark Builders v. Schultz, 289 Ga. 329…
2Cases cited4 opinions
- Magnetic Resonance Plus, Inc. v. Imaging Systems InternationalSupreme Court of Georgia · 2001
- BENCHMARK BUILDERS, INC. v. SchultzSupreme Court of Georgia · 2011
- Hutchinson v. COMPOSITE STATE BOARD OF MEDICAL EXAMINERSSupreme Court of Georgia · 1993
- BENCHMARK BUILDERS, INC. v. SchultzCourt of Appeals of Georgia · 2010
3Cited by5 opinions
- Brock Built, LLC v. BlakeCourt of Appeals of Georgia · 2012
- Benchmark Builders, Inc. v. SchultzSupreme Court of Georgia · 2013
- CareMinders Home Care, Inc. v. Concura, Inc.Court of Appeals for the Eleventh Circuit · 2016
- NextGear Capital, Inc. v. Tristate Auto Service Center, Inc.District Court, E.D. New York · 2025
- SIS, LLC v. Orion Group Holdings, Inc.District Court, S.D. Texas · 2025