Hartford Insurance v. Mobley

Shulman, Presiding Judge.

Appellant brought this action to recover damages caused by appellees to property insured by appellant. Appellees filed no answer. Appellant made out a case for damages before the trial court pursuant to Code Ann. § 81A-155 (a) (OCGA § 9-11-55 (a)). The trial court awarded the damages requested with the exception of attorney fees sought under the provisions of Code Ann. § 20-1404 (OCGA § 13-6-11). The reason given by the trial court for denying attorney fees was that the grant of such expenses is discretionary and that the trial court, in the exercise of that…