Atlanta Woman's Club, Inc. v. Washburne

6 Citing cases

  1. Etowah Environmental Group, LLC v. Walsh

    333 Ga. App. 464 (Ga. Ct. App. 2015)   Cited 6 times
    Noting that appellate courts review a trial court’s decision as to the application of the attorney-client privilege for abuse of discretion

    Glynn County Fed. Employees Credit Union v. Peagler, 256 Ga. 342, 344(3), 348 S.E.2d 628 (1986) (citation and punctuation omitted). But this Court has repeatedly recognized an exception to this general rule against the recovery of attorney fees and costs: “ ‘attorney fees and expenses of litigation in an underlying action are recoverable as real damages incurred as the result of defendants' malfeasance or misfeasance.’ ” Atlanta Woman's Club v. Washburne, 215 Ga.App. 201, 202(1), 450 S.E.2d 239 (1994) (emphasis supplied; citations and punctuation omitted), quoting Marcoux v. Fields, 195 Ga.App. 573, 574(1), 394 S.E.2d 361 (1990). The effect of this exception is to put a plaintiff in the same position he would have occupied had the plaintiff not been forced to litigate with a third party[, and] permits a plaintiff to recover all losses flowing from a defendant's alleged misfeasance or malfeasance, except in cases where expenses accrued in the cause of action where recovery is sought.

  2. Westchester Splty. Ins. v. U.S. Fire Ins. Co.

    119 F.3d 1505 (11th Cir. 1997)   Cited 17 times
    Explaining that an insurance agent may be liable to the insured under Georgia law if it negligently fails to procure insurance coverage

    Instead, it sought only to offset the portion of the fees and expenses that was attributable to the portion of the settlements that represents defense costs. The Georgia Court of Appeals addressed this issue in Atlanta Woman's Club, Inc. v. Washburne ("Atlanta Woman's Club II"), 215 Ga. App. 201, 450 S.E.2d 239 (1994). In that case, the Woman's Club sued its insurance broker for negligent procurement and also sued its insurer.

  3. Graivier v. Dreger

    633 S.E.2d 406 (Ga. Ct. App. 2006)   Cited 5 times

    Accordingly, the trial court erred in granting summary judgment to Dreger and his firm on Dr. Graivier and NAPRS's claim that Dreger negligently prepared the LLC agreement.See Atlanta Woman's Club v. Washburne, 215 Ga. App. 201, 202 ( 450 SE2d 239) (1994) ("`[A]ttorney fees and expenses of litigation in an underlying action are recoverable as real damages incurred as the result of defendants' malfeasance or misfeasance.'") (emphasis in original); Rogers v. Hurt, Richardson, Garner, Todd Cadenhead, 203 Ga. App. 412, 416 (2) ( 417 SE2d 29) (1992). We note, however, that damages flowing from Dreger's alleged breach do not include expenses and attorney fees incurred by the appellants in prosecuting this action.

  4. Silver Comet Terminal Partners, LLC v. Paulding Cnty. Airport Auth.

    No. 21-12906 (11th Cir. Apr. 18, 2023)   Cited 3 times

    Under this "exception to" the "general rule against the recovery of attorney fees and costs[,] 'attorney fees and expenses of litigation in an underlying action are recoverable as real damages incurred as the result of defendants' malfeasance or misfeasance." Etowah Env't Grp., LLC v. Walsh, 774 S.E.2d 220, 228 (Ga.Ct.App. 2015) (quoting Atlanta Woman's Clubv. Washburne, 450 S.E.2d 239, 241 (Ga.Ct.App. 1994)). This exception "permits a plaintiff to recover all losses flowing from a defendant's alleged misfeasance or malfeasance," Id.

  5. Henry v. Jones

    No. 08-02346 (W.D. Tenn. Aug. 1, 2011)

    The magistrate judge relied on the persuasive authority ofAtlanta Woman's Club, Inc. v. Washburne, finding it to be factually analogous to the instant case. 450 S.E.2d 239 (Ga. Ct. App. 1995). The Washburne court stated:

  6. Tri-County Towing Recovery v. Bapco

    CIVIL ACTION NO. 1:10-CV-517-RWS (N.D. Ga. Apr. 19, 2011)

    Under Georgia law, "attorney fees and expenses of litigation are allowed only where authorized by statute or contract." Atlanta Woman's Club, Inc. v. Washburne, 215 Ga. App. 201, 202 (Ga. Ct. App. 1994). Defendant has not identified any contractual provision or Georgia statute showing an entitlement to recover attorney fees for breach of a forum selection clause.