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Page v. HSI Financial Services, Inc.

218 Ga. App. 283 (Ga. Ct. App. 1995)
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Page v. HSI Financial Services, Inc.

4 Citing cases

  1. Henderson v. HSI Financial Services, Inc.

    266 Ga. 844 (Ga. 1996)   Cited 19 times
    In Henderson v. HSI Financial Services, Inc., 266 Ga. 844, 471 S.E.2d 885 (1996), the Georgia Supreme Court held that attorneys who were shareholders in a professional corporation were not liable merely because they were shareholders for the misconduct of a fellow shareholder.

    DECIDED JULY 1, 1996. Certiorari to the Court of Appeals of Georgia — 218 Ga. App. 283. Smith, Gambrell Russell, David A. Handley, Margaret M. Leveille, for appellants.

  2. Covington Square Assoc. v. Ingles Markets

    287 Ga. 445 (Ga. 2010)   Cited 30 times
    Holding that the trial court erred by granting summary judgment in favor of the Plaintiff on its claim for attorney fees under OCGA § 13-6-11 because the trial court was not a trier of fact in adjudicating a motion for summary judgment

    Consistent with this precedent, the Court of Appeals has correctly held that, because both the liability for and amount of attorney fees pursuant to OCGA § 13-6-11 are solely for the jury's determination, a trial court is not authorized to grant summary judgment in favor of a claimant therefor. Hyde v. Gill, supra; American Medical Transport Group v. Glo-An, supra; Page v. HSI Financial Svcs., 218 Ga. App. 283, 286 (5) ( 461 SE2d 239) (1995), rev'd on other grounds, Henderson v. HSI Financial Svcs., 266 Ga. 844 ( 471 SE2d 885) (1996); Joseph Camacho Assoc. v. Millard, 169 Ga. App. 937, 939 (2) ( 315 SE2d 478) (1984); Fountain v. Burke, 160 Ga. App. 262, 264 (3) ( 287 SE2d 39) (1981); Pritchett v. Rainey, 131 Ga. App. 521, 522 ( 206 SE2d 726) (1974). Ingles argues that the Court of Appeals, citing City of Marietta v. Holland, 252 Ga. 299, 304 (3) ( 314 SE2d 97) (1984), has stated that "[e]xpenses of litigation under OCGA § 13-6-11 can be awarded on summary judgment, but the movant must be entitled to them as a matter of law. [Cit.

  3. Atlanta Public Schools v. Diamond

    261 Ga. App. 641 (Ga. Ct. App. 2003)   Cited 15 times
    Finding exhaustion futile where Board refused plaintiff's request for hearing

    Nevertheless, the judge is not a trier of fact on a motion for summary judgment. Page v. HSI Financial Svcs., 218 Ga. App. 283, 286(5) ( 461 S.E.2d 239) (1995), rev'd on other grounds sub nom., Henderson v. HSI Financial Svcs., 266 Ga. 844 ( 471 S.E.2d 885) (1996). Once again, without the transcripts we are unable to determine the announced scope of the hearings and whether APS acquiesced therein.

  4. Henderson v. HSI Financial Services, Inc.

    475 S.E.2d 721 (Ga. Ct. App. 1996)

    BEASLEY, Chief Judge. Division 8 of the decision of the Court of Appeals in Page v. HSI Financial Svcs., 218 Ga. App. 283 ( 461 S.E.2d 239) (1995), having been reversed by the Supreme Court in Henderson v. HSI Financial Svcs., 266 Ga. 844 ( 471 S.E.2d 885) (1996), the Court of Appeals judgment in Case No. A95A0495 is hereby vacated and reentered except as to Division 8, and the Supreme Court judgment in Henderson, supra, is made the judgment of this court. Divisions 1 through 7 and Division 9 of our earlier opinion are unaffected by the Supreme Court's decision and remain extant.