Cleaveland v. Alford

Deen, Presiding Judge.

The executrix of the estate of Robert W. Cleaveland, Sr., and Robert W. Cleaveland, Jr., appeal from a judgment entered on a jury verdict in favor of the Alford Brothers in the amount of $9,000 ($5,000 rental value of personal property wrongfully withheld, $1,000 punitive damages, and $3,000 attorney fees). After reviewing appellants’ motion for a new trial, the trial judge put appellees to an election: they accept either the grant of a new trial or write off the award of punitive damages. Appellees elected to write off the punitive damages.

1. Under OCGA § 9-12-8: “If a…