DEPT. OF TRANSP. v. SHELKEITH, INC.

55394.

146 Ga. App. 581 (1978)

246 S.E.2d 706

DEPARTMENT OF TRANSPORTATION v. SHELKEITH, INC. et al.

Court of Appeals of Georgia.

Decided June 19, 1978.

Rehearing Denied July 10, 1978.


Attorney(s) appearing for the Case

Gross, Stowe & Shepherd, Millard B. Shepherd, Jr., Arthur K. Bolton, Attorney General, William C. Joy, Assistant Attorney General, for appellant.

Kimzey, Kimzey & Carter, Herbert B. Kimzey, Tom Carter, M. Keith York, for appellees.


SHULMAN, Judge.

The sole issue in this condemnation case is whether or not the trial court erred in granting a new trial on the issue of additional damages as cost of litigation and attorney fees. In a bifurcated verdict, the jury found for the condemnee in a sum considerably in excess of the prelitigation offer of the condemnor, but then found, "We the jury do not recommend additional damages as cost of litigation." The trial judge granted a new trial based on the...

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