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CLEARWATER CONST. CO. v. McCLUNG

No. A03A0325.

584 S.E.2d 61 (2003)

261 Ga. App. 789

CLEARWATER CONSTRUCTION COMPANY v. McCLUNG.

Court of Appeals of Georgia.

June 19, 2003.

Attorney(s) appearing for the Case

David T. Markle, for appellant.

Stewart, Melvin & Frost, Frank Armstrong III, Gainesville, Wilson, Morton & Downs, Bryan A. Downs, Justin H. Hayes, Atlanta, W. Andrew Maddox, Rome, for appellee.

ANDREWS, Presiding Judge.

Clearwater Construction Company (Clearwater) appeals the judgment entered against it, following a bench trial, awarding $41,000 on McClung's breach of warranty claim and $26,000 for attorney fees. Clearwater contends that the trial court improperly awarded McClung attorney fees under OCGA § 13-6-11.

OCGA § 13-6-11 allows recovery of attorney fees if "the defendant has acted in...

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