Department of Transportation v. Clark

Although I agree with the majority that the judgment of the trial court must be affirmed, I must dissent to the denial of appellee’s motion for damages pursuant to OCGA § 5-6-6.

Where there is no valid reason to expect reversal (Hatchett v. Hatchett, 240 Ga. 103 (239 SE2d 512) (1977)), or where the issues raised have been settled by previous decisions (Pinkerton & Laws Co. v. Robert & Co. Assoc., 129 Ga. App. 881 (201 SE2d 654) (1973)), it is reasonable to conclude that the appeal is taken for delay only. Appellant’s enumerations of error all fall into one or both of those categories.

1. The…