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Junior v. Graham

Court adopts Georgia Supreme Court opinion that a plaintiff may recover both damages under OCGA §13-6-11 and sanctions under OCGA §9-11-68

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, Presiding Judge. In Junior v. Graham,[1] this Court affirmed the trial court’s denial of the appellant’s motion for attorney fees under OCGA § 9-11-68. The appellant appealed the decision to the Supreme Court of Georgia, which reversed our judgment and remanded the case to this Court “with direction to remand the case to the trial court for reconsideration of [the appellant's] motion for attorney fees and expenses under OCGA § 9-11-68 (b) (2) consistent with this opinion.”[2] We therefore vacate our earlier opinion and adopt the Supreme Court’s opinion as our own. Judgment reversed and case remanded with direction. McFadden, P. J., and Hodges, J., concur.

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