Acuff v. Proctor

Fletcher, Presiding Justice.

Norma Acuff brought suit against Joseph Proctor to cancel a note and deed to secure debt. Proctor counterclaimed for the balance due on the note and for attorney fees. Following a bench trial, the trial court entered judgment in favor of Proctor. Norma Acuff appeals. Because the note was supported by adequate consideration and Proctor fully performed his part of the bargain, we affirm the judgment for the balance due on the note; however, we reverse the award of attorney’s fees because Proctor failed to send the notice required under OCGA § 13-1-11.

The evidence at…