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Lawskills.com Georgia Caselaw
SHIMSHI v. A. G. SPANOS DEVELOPMENT, INC. et al.
A97A1568.
MCMURRAY, Presiding Judge.
Attorney fees. Fulton State Court. Before Judge Schwall.
In this action for wrongful eviction by plaintiff Schill against defendant A. G. Spanos Development, Inc. d/b/a Harbor Point Apartments and Peggy Pietropola, the state court entered an order granting defendant's motion for attorney fees and litigation expenses pursuant to OCGA 9-15-14 against Schill and attorney Shimshi. Attorney Shimshi sought and obtained permission to file this discretionary appeal from the award of attorney fees and litigation expenses. Held:
587, 589 (2) (472 SE2d 137); Katz v. Harris, 217 Ga. App. 287, 290 (3) (457 SE2d 239); MacDougald v. Phillips, 213 Ga. App. 575, 576 (1) (445 SE2d 357) (aff'd in part and rev'd in part, 262 Ga. 778 (425 SE2d 652)). The state Court's order does not contain findings of conduct that authorize an award of attorney fees or expenses of litigation. Nor is this requirement satisfied by an unsigned document, styled as the lower court's findings of fact, which was filed approximately two weeks after the judgment being appealed. Therefore, that portion of the state court's order awarding attorney fees must be vacated. Upon remand the state court is directed to reconsider the award of attorney fees and expenses of litigation under OCGA 9-15-14, enter appropriate findings of fact, and enter a new judgment from which the losing party may appeal.
Long, Weinberg, Ansley & Wheeler, Kathryn & Whitlock, John C. Bonnie, for appellees.
Ezra Shimshi, pro se.
DECIDED SEPTEMBER 10, 1997 -- RECONSIDERATION DENIED OCTOBER 2, 1997.
Monday October 6 21:17 CDT


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