Pritchett v. Rainey

Decision Date02 April 1974
Docket NumberNo. 48837,No. 1,48837,1
Citation206 S.E.2d 726,131 Ga.App. 521
PartiesJohn M. PRITCHETT v. Onnie J. RAINEY
CourtGeorgia Court of Appeals

Clifton, Helms & Dodd, Marshall L. Helms, Jr., Litha Springs, for appellant.

William E. Otwell, Austell, for appellee.

Syllabus Opinion by the Court

BELL, Chief Judge.

Plaintiff brought a two count complaint. He made a motion for summary judgment as to Count 1. The motion was denied and the denial was certified for direct appeal. Held:

As plaintiff has failed to enumerate any error on the trial court's omission to make an order under CPA § 56(d) (Code Ann. § 81A-156(d)), specifying whether certain facts appear without substantial controversy, we can only determine whether the court erred in denying the motion as to the whole count. Smith v. Allen, 115 Ga.App. 80, 81, 153 S.E.2d 648. In Count 1, plaintiff sought to recover an alleged balance due of $5,452 on a real estate sales contract plus $2,000 for expenses of litigation due to defendant's bad faith and stubborn litigiousness. Whether a plaintiff is entitled to recover expenses of litigation is solely a question for determination by a jury. Code § 20-1404; Patterson & Co. v. Peterson, 15 Ga.App. 680, 84 S.E. 163. As plaintiff's motion goes to the whole count, the jury issue of expenses of litigation alone requires an affirmance of the denial of his motion. Additionally, the pleadings and affidavits show that there is a genuine material question of fact as to whether plaintiff is entitled to the amount claimed to be due on the sales contract, to-wit: $5,452.

Judgment affirmed.

QUILLIAN and STOLZ, JJ., concur.

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9 cases
  • Covington Square Assoc.s v. Ingles Mkt.S Inc
    • United States
    • Georgia Supreme Court
    • June 28, 2010
    ...Ga.App. 937, 939(2), 315 S.E.2d 478 (1984); Fountain v. Burke, 160 Ga.App. 262, 264(3), 287 S.E.2d 39 (1981); Pritchett v. Rainey, 131 Ga.App. 521, 522, 206 S.E.2d 726 (1974). Ingles argues that the Court of Appeals, citing City of Marietta v. Holland, 252 Ga. 299, 304(3), 314 S.E.2d 97 (19......
  • Wynn v. Arias
    • United States
    • Georgia Court of Appeals
    • March 10, 2000
    ...was the proximate cause of any damage to Wynn. Therefore, we do not consider this issue on appeal. 7. See Pritchett v. Rainey, 131 Ga.App. 521-522, 206 S.E.2d 726 (1974); Butts v. Ga. Cas. &c. Co., 179 Ga.App. 819, 821, 348 S.E.2d 94 (1986); Borden, Inc. v. Barker, 124 Ga.App. 291, 295, 183......
  • U-Haul Co. of Western Georgia v. Ford, U-HAUL
    • United States
    • Georgia Court of Appeals
    • July 12, 1984
    ...178 S.E.2d 567 (1970). Whether a plaintiff is entitled to recover the expenses of litigation is a jury question. Pritchett v. Rainey, 131 Ga.App. 521, 522, 206 S.E.2d 726 (1974). 6. Appellant contends that the court erred in failing to give its entire request to charge on damages, which tra......
  • Joseph Camacho Associates, Inc. v. Millard
    • United States
    • Georgia Court of Appeals
    • February 23, 1984
    ...is entitled to recover expenses of litigation is solely a question for determination by a jury. [Cits.]" Pritchett v. Rainey, 131 Ga.App. 521, 522, 206 S.E.2d 726 (1974). See Tab Sales v. D & D Distributors, 153 Ga.App. 779, 780 (2), 266 S.E.2d 558 (1980). The trial court erred by awarding ......
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