City of Albany v. Freeney
313 Ga. App. 24
| Ga. Ct. App. | 2011Background
- City appeals order enforcing Freeneys’ settlement with Albany; trial court granted specific performance on alleged $29,902.19 property-damage settlement and awarded attorney fees under OCGA §9-15-14; de novo standard of review applied; parties dispute whether property-damage settlement was separate from personal-injury settlement; affidavits from multiple witnesses conflict on existence and terms of any settlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of a separate property-damage settlement | City says no separate property-damage settlement; offers were tied to all claims. | Freeneys contend city offered and accepted a separate property-damage settlement. | Genuine issues of material fact; summary judgment improper. |
| Effect of May 19, 2010/May 26, 2010 communications | Letters and conduct establish a property-damage settlement | No clear writings or agreement; alleged acceptance contested. | Issue of fact for trier of fact; not entitled to summary judgment. |
| Attorney fees under OCGA 9-15-14 | Trial court properly awarded fees | Award unsupported by findings/hearing. | Reversed; fee award improper without proper findings/hearing. |
Key Cases Cited
- Reichard v. Reichard, 262 Ga. 561 (Ga. 1992) (written evidence required when existence of agreement is disputed)
- Abrams v. Abrams, 262 Ga. 170 (Ga. 1992) (writing suffices to prove existence of agreement; formal contract not required)
- Brumbelow v. Northern Propane Gas Co., 251 Ga. 674 (Ga. 1983) (letters from attorney can memorialize terms; not always grant summary judgment)
- Moreno v. Strickland, 255 Ga. App. 850 (Ga. App. 2002) (written attorney notes provided some evidence of settlement)
- Scott v. Carter, 239 Ga. App. 870 (Ga. App. 1999) (record did not reflect agreed terms of settlement confirmation)
- Sutton v. Winn Dixie Stores, 233 Ga. App. 424 (Ga. App. 1998) (acquiescence or silence may amount to admission; fact-dependent)
- McKenna v. Capital Resource Partners, 286 Ga. App. 828 (Ga. App. 2007) (genuine issues of fact as to settlement existence despite writings)
- Tavakolian v. Agio Corp., 304 Ga. App. 660 (Ga. App. 2010) (reverses 9-15-14 fee award where not supported by proper findings)