Opinion
SM-063 A11A1399
09-20-2011
JONES v. FOREST LAKE VILLAGE HOMEOWNERS ASSN., INC. et al.
FIRST DIVISION
SMITH, P. J., MIKELL and DILLARD, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk's office within ten days of the date of decision to be deemed timely filed. (Court of Appeals Rule 4 (b) and Rule 37 (b), February 21, 2008)
Smith, Presiding Judge.
In this case, the following circumstances exist and are dispositive of the appeal:
(1) The evidence supports the judgment;
(2) No reversible error of law appears and an opinion would have no precedential value;
(3) The judgment of the court below adequately explains the decision; and
(4) The issues are controlled adversely to the appellant for the reasons and authority given in the appellees' brief.
This is not the first appearance of this case before this court. In Jones v. Forest Lake Village Homeowners Assn., 304 Ga. App. 495 (696 SE2d 453) (2010), Jones appealed from the judgment entered on a jury verdict in favor of appellees, including the award of a substantial penalty under OCGA § 13-6-11 for stubborn litigiousness or causing appellees unnecessary trouble and expense. Id. at 503-505 (4). This court affirmed on virtually every point, including the award of §13-6-11 penalties, but vacated the judgment in part and remanded it for a correction of the language of the judgment. Id. at 500-501 (1) (c). The trial court complied exactly with this court's instructions, but Jones nevertheless appealed again, asserting without any apparent basis that the trial court failed to comply with this court's instructions, and raising two equally meritless complaints concerning the release of appellees' funds from the registry of the trial court.
The judgment of the court below therefore is affirmed in accordance with Court of Appeals Rule 36. Appellant having ignored the jury's earlier conclusion and prosecuted this wholly frivolous appeal, we assess frivolous appeal penalties pursuant to Court of Appeals Rule 15 (b), in the amount of $2,500 against appellant and $2,500 against his appellate counsel. Upon return of the remittitur, the trial court is directed to enter a $5,000 judgment in favor of appellants in the form of a $2,500 penalty against Andrew R. Jones, and a $ 2,500 penalty against his appellate counsel. Pitts Props. v. Auburn Bank, 274 Ga. App. 538, 539 (618 SE2d 171) (2005).
Judgment affirmed. Mikell and Dillard, JJ., concur.