Here there is evidence that the Gwinnett County Board of Tax Assessors was aware that other counties did allow the freeport exemption for similarly situated printing companies who requested it, although there was no evidence that any other similarly situated printing companies in Gwinnett County had been granted an exemption. A question of fact remains, however, as to its good faith in denying the exemption to Network and as to whether there was a bona fide dispute over Network's qualifications for it. Ultimately it is a jury question as to whether litigation expenses will be allowed and how much will be allowed. Spring Lake Property Owners Assn. v. Peacock, 260 Ga. 80, 81 ( 390 S.E.2d 31) (1990); Gaston v. Mullins, 168 Ga. App. 371 ( 309 S.E.2d 166) (1983). Therefore, the denial of the motion for summary judgment on the OCGA § 13-6-11 issues was not error.

A bona fide dispute as to part of a claim precludes a finding of stubborn litigiousness. Gaston v. Mullins, 168 Ga. App. 371, 372 (1) ( 309 S.E.2d 166) (1983). That is a very practical principle, for were it otherwise, the task of separating out the litigation expense relating exclusively to the points which should have been conceded without lawsuit would itself be costly, time-consuming, and frequently impossible.

See Brannon Enterprises v. Deaton, 159 Ga. App. 685, 686 ( 285 S.E.2d 58) (1981). See also Gaston v. Mullins, 168 Ga. App. 371 ( 309 S.E.2d 166) (1983). Accordingly, that part of the judgment awarding attorney fees as damages to the appellee is hereby vacated.

Where a bona fide controversy exists between the parties, a plaintiff is not entitled to recover attorneys' fees under O.C.G.A. § 13-6-11. Gaston v. Mullins, 168 Ga. App. 371, 372 (1983); Georgia-Carolina Brick Tile Co. v. Brown, 153 Ga. App. 747, 751 (1980) (prohibiting attorneys' fees for mere refusal to pay). As the Plaintiff's claim fails on the merits and the Plaintiff asserts no other allegations of bad faith or wrongdoing, the Plaintiff is precluded from recovering attorneys' fees under O.C.G.A. § 13-6-11.