325 Ga. App. 145
Ga. Ct. App.2013Background
- Kelley and Cooper cohabited since 2000, had one child, and Kelley proposed marriage on December 23, 2004, giving a $10,000 ring.
- They lived together thereafter, moved to a new home, and Cooper left her job at Kelley’s urging to raise the children.
- Kelley repeatedly presented the couple as husband and wife despite not formally marrying.
- Cooper later learned of an ongoing two-year affair Kelley had with another woman before and after the proposal.
- Cooper sued for paternity, child support, and remedies including breach of promise to marry, unjust enrichment, fraud, and attorney fees; paternity issues were resolved; the bench trial addressed remaining claims.
- The trial court entered judgment awarding $43,500 on breach of promise to marry and fraud, plus $6,500 in attorney fees; Kelley appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of promise to marry in meretricious context | Cooper’s claim not barred by meretricious relationship | Meretricious relationship defense applies under OCGA 13-8-1 | Meretricious defense inapplicable; promise to marry enforceable |
| Fraud—promises of future marriage and intent to perform | Kelley intended to marry at time of proposal; misrepresentation implied | Promises of future acts lack fraud unless present intent not to perform | Evidence supports fraud finding; not clearly erroneous |
| Damages under OCGA 51-12-6 and measure of damages for fraud | Damages for peace, happiness, and feelings may sustain fraud damages | Damages limited to actual losses; OCGA 51-12-6 may not apply to fraud | Damages awarded encompassed more than peace-only; some evidence supports fraud damages; but see concurrence for potential reformation on remand |
| Attorney fees under OCGA 13-6-11 | Bad faith conduct supports fees | No bad faith; bona fide dispute and reasonable defenses existed | Attorney fees should be stricken; judgment reversed on fee issue |
Key Cases Cited
- Phillips v. Blankenship, 251 Ga. App. 235 (Ga. App. 2001) (breach of promise to marry is a contract action; meretricious defense not broadly applicable)
- Thorpe v. Collins, 245 Ga. 77 (Ga. 1980) (cohabitation without consideration does not void contract to provide for future support)
- Rehak v. Mathis, 239 Ga. 541 (Ga. 1977) (meretricious relationship defense applicable to certain financial agreements)
- Abrams v. Massell, 262 Ga. App. 761 (Ga. App. 2003) (meretricious relationship guidance consistent with Rehak)
- JTHTax, Inc. v. Flowers, 302 Ga. App. 719 (Ga. App. 2010) (fraud exception for promises as to future events with present intent not to perform)
- Zieve v. Hairston, 266 Ga. App. 753 (Ga. App. 2004) (actual damages can include non-pecuniary harm in fraud actions)