Powell v. Watson

I concur fully in the conclusion but it should be made clear that the only ground relied upon by plaintiff, of the three provided in OCGA § 13-6-11, was bad faith. Apparently the trial court cross-matched it with the measurement for the stubborn litigiousness ground, which was not in issue, and this led to error.

Plaintiff’s complaint alleged solely the bad faith theory as a basis for claiming attorney fees, but he amended it to allege also stubborn litigiousness, the causing of undue expense in the prosecution and presentation of suit, and “recalcitrance.” However, by pretrial order the basis…