Department of Transportation v. Ross

Shulman, Judge.

This is the second appearance of this case in this court. See D.O.T. v. Ross, 148 Ga. App. 256 (251 SE2d 141). On remand the trial court (pursuant to a reservation of jurisdiction) entered judgment awarding an additional $5,000 for attorney fees incurred by the condemnee subsequent to verdict and judgment. The sole issue in this appeal is the propriety of the judgment awarding additional attorney fees in light of DeKalb County v. Trustees &c. Elks, 242 Ga. 707 (251 SE2d 243), which, in overruling the then prevailing contrary rule, held that attorney fees are no longer an…