State v. Douglas Asphalt Co.

4 Citing cases

  1. Fowler's Holdings, LLLP v. CLP Family Invs., L.P.

    318 Ga. App. 73 (Ga. Ct. App. 2012)   Cited 7 times
    Accepting counsels' testimony that fees were locally reasonable

    We are not persuaded by Fowler's assertion that CLP may recover fees for only one of its three theories of breach of contract because the trial court found in CLP's favor on that theory alone. If the claim for breach of contract was successful, fees expended in pursuit of that claim are recoverable. See Ga. Dept. of Transp. v. Douglas Asphalt Co., 297 Ga.App. 470, 475(2), 677 S.E.2d 699 (2009) (factfinder need not prorate fees between various aspects of a single cause of action). Nor do we agree that we are bound to reverse the award as not supported by sufficient evidence under Southern Cellular Telecom v. Banks, 209 Ga.App. 401, 433 S.E.2d 606 (1993).

  2. Fowler's Holdings, LLLP v. CLP Family Invs., L.P.

    A12A1268 (Ga. Ct. App. Sep. 27, 2012)

    We are not persuaded by Fowler's assertion that CLP may recover fees for only one of its three theories of breach of contract because the trial court found in CLP's favor on that theory alone. If the claim for breach of contract was successful, fees expended in pursuit of that claim are recoverable. See Ga. Dept. of Transp. v. Douglas Asphalt Co., 297 Ga. App. 470, 475 (2) (677 SE2d 699) (2009) (factfinder need not prorate fees between various aspects of a single cause of action). Nor do we agree that we are bound to reverse the award as not supported by sufficient evidence under Southern Cellular Telecom v. Banks, 209 Ga. App. 401 (433 SE2d 606) (1993).

  3. State of Ga. Dept. of Transp. v. Douglas Asphalt

    297 Ga. App. 511 (Ga. Ct. App. 2009)   Cited 6 times
    Dismissing cross-appeal that had no independent basis for jurisdiction after the dismissal of the main appeal

    That appeal was recently decided. See State of Ga., Dept. of Transp. v. Douglas Asphalt Co., 297 Ga. App. 470 ( 677 SE2d 699) (2009). However, DOT did not seek interlocutory review of any of the trial court's other rulings in its April 5, 2007 or August 25, 2008 orders.

  4. Miller v. Lynch

    351 Ga. App. 361 (Ga. Ct. App. 2019)   Cited 7 times
    Declining to address an issue under our right-for-any-reason rule before the trial court has done so

    limine excluding evidence is a judicial power which must be exercised with great care. State of Ga. Dept. of Transp. v. Douglas Asphalt Co. , 297 Ga. App. 470, 471, 677 S.E.2d 699 (2009). As explained in Miller I , Miller was an at-will employee, and he is not seeking wrongful termination damages.