State v. Mitchell

I concur fully in Case No. 71066. As to Case No. 70936, I agree with subdivision (a) regarding the 15% penalty but I have a procedural difference when it comes to subdivision (b) regarding attorney fees.

Since there is no evidence, this case differs procedurally from Overman v. All Cities Transfer Co., 176 Ga. App. 436 (336 SE2d 341) (1985). There we remanded for findings based on application of the correct legal principles relating to the standard for recovery of attorney fees. But application here would result as a matter of law in no recovery because of a fatal dearth of evidence presented.…