March 5, 2013 --
Mel Mobley obtains favorable Georgia Court of Appeals ruling affirming the recovery of attorney fees after an offer of settlement.
In Eaddy v. Precision Franchising, LLC, 320 Ga. App. 667 (739 SE2d 410)(2013), the Court of Appeals upheld the recovery of attorney fees in favor of client Precision Franchising. During the defense of a case brought by plaintiff Rukiya Eaddy, Precision Franchising made a $1,000 offer to settle the case pursuant O.C.G.A. § 9-11-68. Plaintiff rejected the settlement offer. Mel Mobley obtained summary judgment for Precision Franchising, which triggered Precision’s right to recover attorney fees from the plaintiff. The Court of Appeals held that the $1,000 settlement offer was made in good faith under the facts of the case, since Precision Franchising was not liable to the plaintiff and was granted summary judgment.
During the course of the case, Mel Mobley and Kevin Doyle obtained a settlement of $118,000 from insurer Central Mutual for Precision Franchising’s counterclaim for defense costs in a separately filed declaratory judgment action filed by Central Mutual.
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