Covington Square Assc. Llc. v. Ingles Markets, Inc.

Full title: COVINGTON SQUARE ASSOCIATES, LLC. v. INGLES MARKETS, INC

Court: Court of Appeals of Georgia

Date published: Aug 26, 2010

700 S.E.2d 687 (Ga. Ct. App. 2010)

700 S.E.2d 687

Opinion

No. A09A2145.

DECIDED AUGUST 26, 2010.

Attorney fees. Fulton Superior Court. Before Judge Shoob.

Michael A. Kessler, for appellant.

Hartman, Simons, Spielman Wood, Samuel R. Arden, Jill R. Johnson, for appellee.

MIKELL, Judge.

In Covington Square Assoc, LLC v. Ingles Markets, Inc., ¹ we affirmed the trial court's grant of summary judgment in favor of Ingles Markets, Inc. ("Ingles") on its claim for conversion and attorney fees, but reversed the grant of summary judgment to Ingles on its claim for punitive damages.² On writ of certiorari, the Supreme Court of Georgia reversed the attorney fees portion of our decision, holding that the language of OCGA § 13-6-11 prevents a trial court from ever determining that a claimant is entitled to attorney fees as a matter of law.³ We hereby adopt the Supreme Court's opinion as our own, and reverse the trial court's grant of summary judgment to Ingles on its claim for attorney fees.

1 300 Ga. App. 740 ( 686 SE2d 359) (2009).

2 Id.

3 Covington Square Assoc, LLC v. Ingles Markets, Inc., 287 Ga. 445 ( 696 SE2d 649) (2010).

Judgment reversed. Johnson, P. J., and Ellington, J., concur.

MIKELL, Judge.

DECIDED AUGUST 26, 2010.