Akintobi v. Phoenix Fire Restoration Co.

Judge Harold R. Banke.

Phoenix Fire Restoration Company, Inc. (“Phoenix”) sued M. O. Akintobi and Dolly Akintobi (collectively “Akintobi”) for breach of contract. Phoenix sought damages for unpaid invoices, consequential damages, and attorney fees. In a counterclaim, Akintobi, inter alia, sought attorney fees. After the parties consented to binding arbitration, both sides requested attorney fees. The arbitrator found solely in favor of Phoenix and awarded it $72,498.76 which included $24,575.60 in attorney fees. Under OCGA § 9-9-13 (b) (4), Akintobi applied to vacate the arbitrator’s award…