Rae v. Griffin

Banke, Judge.

The jury’s verdict in this malicious prosecution suit reads as follows: “We find in favor of the plaintiff: (1) No $ - personal damages; (2) No $ - punitive damages; and (3) The defendant is responsible for $2,500.00 of the plaintiffs legal fees.”

On appeal, the defendant contends that the trial court erred in approving the verdict because attorney fees were not pled or prayed for and because such an award is unauthorized unless accompanied by an award of other damages. Held:

1. While under Code Ann. § 20-1404 attorney fees and expenses of litigation “are not generally allowed as a…