If Roberts succeeds on any of his claims, fees expended in pursuit of the claims upon which he prevails are recoverable if he satisfies the requirements of OCGA ยง 13-6-11. See generally Fowlerโs Holdings v. CLP Family Investments, 318 Ga. App. 73 , 76(2) (732 SE2d 777 ) (2012) (โIf the claim for breach of contract was successful, fees expended in pursuit of that claim are recoverable,โ under OCGA ยง 13-6-11) (citation and emphasis omitted); Magnus Homes, 248 Ga. App. at 31, 33-34 (3) (affirming award of damages under OCGA ยง 13-6-11, in breach of contract and negligent construction case); Kopp v. First Bank of Ga., 235 Ga. App. 520 , 524 (3) (509 SE2d 384 ) (1998) (โEvery intentional tort, such as fraud, invokes the species of bad faith that under the provisions of . . . OCGA ยง 13-6-11 entitles the person wronged to recover the expense of litigation involving attorneyโs fees.โ) (citation and punctuation omitted).
In the absence of a trial transcript, Harbolt and Vision Holdings cannot show that the award was not supported by any evidence. See Kopp v. First Bank of Ga., 235 Ga. App. 520, 523-524 (3) ( 509 SE2d 384) (1998); Hill Aircraft c. Corp. v. Flanders, 143 Ga. App. 504, 504-505 (1) ( 239 SE2d 155) (1977); Parks v. Parks, 89 Ga. App. 725, 732 (3) ( 80 SE2d 837) (1954). See City of Gainesville v. Waters, 258 Ga. App. 555, 559 (4) ( 574 SE2d 638) (2002).
POPE, P.J., and MIKELL, J., concur. Kopp v. First Bank of Ga., 235 Ga. App. 520, 524 (3) ( 509 S.E.2d 384) (1998). See Runion v. Hofer, 245 Ga. App. 854, 855 (1) (S.E.2d) (2000).
There was ample evidence that plaintiff acted in bad faith by failing to verify the data which formed the basis of the premium charged defendant and failing to respond in any constructive fashion when defendant sought correction of erroneous premiums. Kopp v. First Bank of Ga., 235 Ga. App. 520, 524 (3)( 509 S.E.2d 384); Evans Toyota v. Cronic, 233 Ga. App. 318, 322 (3b) ( 503 S.E.2d 358). Also, contrary to plaintiff's assertion, defendant's counterclaim is viable and thus authorizes the claim for attorney fees. Furthermore, defendant presented evidence as to the amount of attorney fees attributable solely to the prosecution of the counterclaim and the verdict returned by the jury was well within that figure.
(b) Because the evidence supported a fraud action and supported a finding that Kent procured and transacted the contract in bad faith, attorney's fees were recoverable under OCGA ยง 13-6-11. Kopp v. First Bank of Ga., 235 Ga. App. 520, 524(3) ( 509 S.E.2d 384) (1998); Country Pride Homes v. DuBois, 201 Ga. App. 740, 741(2) ( 412 S.E.2d 282) (1991). The showing of fraud also justified a punitive damages award.
Roberts v. JPMorgan Chase Bank , 342 Ga. App. 73, 80 (5), 802 S.E.2d 880 (2017).Kopp v. First Bank of Georgia , 235 Ga. App. 520, 524, 509 S.E.2d 384 (1998) (citation and punctuation omitted). See Community & Southern Bank v. Lovell , 302 Ga. 375, 380 (4), 807 S.E.2d 444 (2017).