OCGA § 24-9-83. See Redfearn v. Huntcliff Homes Assn., 260 Ga. App. 150, 156 (1) (a) ( 579 SE2d 37) (2003). See Duckworth v. State, 268 Ga. 566, 567 (1) ( 492 SE2d 201) (1997).
Monroe v. Hyundai Motor America, 270 Ga. App. 477, 479 ( 606 SE2d 894) (2004).Redfearn v. Huntcliff Homes Assn., 260 Ga. App. 150, 156 (1) (a) ( 579 SE2d 37) (2003). Contrary to the Millers' contention, the trial court did not misuse the statute of limitation as a rule of evidence in support of its decision to exclude expert testimony that the 1998 surgeries performed by Dr. Cole constituted a breach of the standard of care.
Redfearn v. Huntcliff Homes Assn.Judgment affirmed. Barnes and Mikell, JJ., concur.Redfearn v. Huntcliff Homes Assn., 260 Ga. App. 150, 155 (1) (a) ( 579 SE2d 37) (2003). BLACKBURN, Presiding Judge.
(Citation omitted.) Redfearn v. Huntcliff Homes Assn., 260 Ga. App. 150, 156 (1) (a) ( 579 SE2d 37) (2003). In the case at bar, the cover letter sought to be introduced was a photocopy of an alleged original that has never been produced, the introducing party had never seen, and the other party claimed did not exist; thus, without additional foundation, the photocopy was susceptible to a best evidence objection.
Further, there are myriad cases where parties have been allowed to seek litigation expenses under O.C.G.A. § 13–6–11 solely in conjunction with claims not seeking damages. See, e.g., Jones v. Forest Lake Vill. Homeowners Ass'n, Inc., 304 Ga.App. 495, 696 S.E.2d 453, 457 (2010) (claim for declaratory relief and injunction); Rice v. Lost Mountain Homeowners Ass'n, Inc., 288 Ga.App. 714, 655 S.E.2d 214, 214–15 (2007) (claim for injunction); Redfearn v. Huntcliff Homes Ass'n, Inc., 260 Ga.App. 150, 579 S.E.2d 37, 39 (2003) (claim for injunction). Plaintiffs are limited, however, to arguing recovery based on bad faith.