Sherman v. Dickey
322 Ga. App. 228
| Ga. Ct. App. | 2013Background
- This is a personal-injury action arising from a motor-vehicle accident involving Daniel Sherman and the Dickeys.
- Shermans appeal a trial court order granting summary judgment to enforce a settlement and awarding attorney fees under OCGA § 13-6-11.
- Shermans offered $25,000 policy-limit settlement on August 10, 2010, with conditions including a limited-liability release and affidavits for coverage.
- Dickey's attorney proposed revisions, including a statutory lien affidavit, and sought feedback on concerns; responses continued through August 2010.
- Dickey's eventually sent unconditional acceptance with a check, affidavits, and a proposed release; Shermans later rejected what they deemed the counteroffer and litigation continued.
- The trial court granted summary judgment enforcing a settlement and awarded $6,400 in attorney fees; on appeal, the Sherman challenge focuses on enforceability and fee award authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a binding settlement was formed | Shermans contend no binding agreement. | Dickey's contend meeting of minds occurred despite release forms. | Binding agreement formed; terms were agreed without a mandatory condition on the specific release. |
| Whether the inclusion of a lien affidavit created a counteroffer | Shermans argue lien language transformed acceptance into a counteroffer. | Dickey's contend invitation to discuss changes showed no counteroffer purpose. | No counteroffer; the release form did not prevent a binding settlement. |
| Whether attorney fees under OCGA § 13-6-11 could be awarded on summary judgment | Shermans assert trial court cannot award OCGA § 13-6-11 fees at summary judgment. | Dickey's rely on fees as part of litigation costs if statutory preconditions are met. | Trial court improperly awarded attorney fees at summary judgment; authority lacked for such an award. |
Key Cases Cited
- Hansen v. Doan, 320 Ga. App. 609 (Ga. Ct. App. 2013) (binding contract when invited to tailor release; no counteroffer)
- Turner v. Williamson, 321 Ga. App. 209 (Ga. Ct. App. 2013) (binding agreement when acceptance unequivocal and not conditioned on particular form)
- Smith v. Hall, 311 Ga. App. 99 (Ga. Ct. App. 2011) (general release inclusion not a condition; willingness to discuss terms)
- Frickey v. Jones, 280 Ga. 573 (Ga. 2006) (purported acceptance counteroffer when additional act resolving liens required)
- Anderson v. Benton, 295 Ga. App. 851 (Ga. Ct. App. 2009) (preconditions for attorney fees under OCGA § 13-6-11 are for the jury)
- Covington Square Assoc., LLC v. Ingles Mkts., Inc., 287 Ga. 445 (Ga. 2010) (attorney-fee and litigation-expense issues are jury questions)