Termnet Merchant Services, Inc. v. Phillips

Sears, Presiding Justice.

We granted certiorari to consider whether a trial court has discretion to deny a claim for attorney fees brought pursuant to OCGA § 13-1-11, despite undisputed compliance with the requirements of that statute. Based upon the statute’s language and legislative history, we conclude that attorney fees sought under OCGA § 13-1-11 are mandatory where the statute’s conditions have been clearly satisfied. Therefore, we reverse.

In 1996, appellee Andrew Phillips entered into both an employment agreement and a stock purchase agreement with appellant TermNet Merchant Services,…