Junior v. Graham
Supreme Court of Georgia
1Opinion of the Court
313 Ga. 420
FINAL COPY S21G0578. JUNIOR v. GRAHAM. BETHEL, Justice. This case involves the harmonization of two statutory provisions. The first, OCGA § 13-6-11, authorizes a jury in a civil suit to assess as damages certain legal expenses of a prevailing party when that party has specifically requested them and when the jury finds that the opposing party “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense” prior to the initiation of litigation. The second, OCGA § 9-11-68 (b) (2), provides a sanction in the form of attorney fees…
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