City of Chamblee v. Bridges

Full title: CITY OF CHAMBLEE et al. v. BRIDGES

Court: Supreme Court of Georgia

Date published: Jun 28, 1972

190 S.E.2d 914 (Ga. 1972)

190 S.E.2d 914

Opinion

27247.

ARGUED JUNE 13, 1972.

DECIDED JUNE 28, 1972.

Mandamus. DeKalb Superior Court. Before Judge Thibadeau.

Richardson, Chenggis Constantinides, George G. Chenggis, for appellants.

UNDERCOFLER, Justice.

This is a mandamus action to compel the City of Chamblee et al. to hold a nuisance hearing. The trial court ordered the hearing to be held and awarded attorney's fees to the plaintiff. The hearing was subsequently held. The appeal is from the order of the trial court. Held:

1. The appellant contends that the trial court erred in awarding attorney's fees to the plaintiff's attorney in the amount of $1,500.

"Ordinarily the services of an attorney must be paid for by the client who employs him. Code § 20-1404; Murphey v. Brock, 206 Ga. 9 (2c) ( 55 S.E.2d 564)." Hill v. Bush, 206 Ga. 543, 547 ( 57 S.E.2d 670). There is nothing in this record which would authorize the payment of attorney fees and the trial court erred in ordering such payment.

It is directed that the $1,500 awarded as attorney's fees to the plaintiff's attorney be stricken from the judgment.

2. The question concerning whether the trial court erred in ordering the hearing is moot.

Judgment affirmed with direction. All the Justices concur.

UNDERCOFLER, Justice.

ARGUED JUNE 13, 1972 — DECIDED JUNE 28, 1972.