The Bank Of New York Mellon F/K/A The Bank Of New York Et Al.v.Jerome M. Edmondson Et Al.
The Bank of New York Mellon sued to replace a lost security deed, reform the county records, obtain declaratory relief, or impose an equitable lien on property owned by Jerome and Alena Edmondson. After a bench trial, the court found that signatures on Mellon’s replacement deed were forged, denied equitable relief under the unclean-hands doctrine, and awarded the Edmondsons $9,000 in attorney fees. The Georgia Court of Appeals affirmed the factual ruling that defeated Mellon’s equitable claims but reversed the fee award. The trial court had not identified a statutory basis for the fees or made findings supporting them, and the record contained no evidence establishing the amount or reasonableness of the fees. The appellate court held that a closing-argument statement that the Edmondsons had incurred costs above $9,000 was not enough. The judgment was affirmed in part and reversed in part.
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