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Georgia Department of Correctionsv.David Lee Couch

CourtCourt of Appeals of Georgia
Docket No.A13A0223
DecidedJanuary 12, 2015
Reporter330 Ga. App. 523; 768 S.E.2d 275
JudgesCourt of Appeals of Georgia; Presiding Judge Barnes, Presiding Judge Miller, and Judge Ray
Tags
CivilGovernment LawSovereign ImmunityTort LawCivil ProcedureStatutory InterpretationVacaturRemand
Case Summary

In the earlier appeal, the Court of Appeals had upheld an attorney-fee award arising from Georgia Department of Corrections’ rejection of David Couch’s settlement offer. The Supreme Court of Georgia later affirmed the ruling on sovereign immunity under a different rationale and reversed the fee calculation, requiring the trial court to assess the reasonable value of services actually provided during the statutory period rather than rely only on the contingency percentage. On remand, the Court of Appeals vacated the divisions affected by the Supreme Court’s ruling, vacated any inconsistent attorney-fee ruling, and sent the matter back for remaining trial-court proceedings in light of the Supreme Court’s decision.

Opinion

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