TERMNET MERCHANT SERVICES, INC. v. PHILLIPS

No. S03G1157.

588 S.E.2d 745 (2003)

TERMNET MERCHANT SERVICES, INC. v. PHILLIPS.

Supreme Court of Georgia.

November 10, 2003.


Attorney(s) appearing for the Case

Freed & Berman, P.C., Gary S. Freed, William J. Piercy, Benjamin I. Fink, Atlanta, for appellant.

Gregory R. Crochet, Carr, Tabb, Pope & Freeman, LLP, W. Pitts Carr, Atlanta for appellee.


SEARS, Presiding Justice.

We granted certiorari to consider whether a trial court has discretion to deny a claim for attorney fees brought pursuant to OCGA § 13-1-11, despite undisputed compliance with the requirements of that statute. Based upon the statute's language and legislative history, we conclude that attorney fees sought under OCGA § 13-1-11 are mandatory where the statute's conditions have been clearly satisfied. Therefore, we reverse.

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