Department of Transportation v. Worley

Full title: DEPARTMENT OF TRANSPORTATION v. WORLEY et al

Court: Supreme Court of Georgia

Date published: Nov 27, 1979

263 S.E.2d 436 (Ga. 1979)

263 S.E.2d 436

Opinion

35424.

ARGUED NOVEMBER 14, 1979.

DECIDED NOVEMBER 27, 1979.

Certiorari to the Court of Appeals of Georgia — 150 Ga. App. 768.

Arthur K. Bolton, Attorney General, Marion O. Gordon, Senior Assistant Attorney General, Warren Akin, Deputy Assistant Attorney General, for appellant.

Langford, Pope Bailey, Beverly Langford, William P. Bailey, for appellees.

HILL, Justice.

This condemnation case was tried on May 25 and 26, 1978, and the jury awarded attorney fees to the condemnee. Subsequently, on November 22, 1978, we determined that attorney fees are not available in condemnation actions. DeKalb County v. Trustees, Decatur Lodge No. 1602, B. P. O. Elks, 242 Ga. 707 ( 251 S.E.2d 243) (1978). On appeal, the Court of Appeals held that the condemnee had acquired a vested right to the attorney fees. Dept. of Transportation v. Worley, 150 Ga. App. 768, 769 ( 258 S.E.2d 595) (1979). This issue was decided adversely to the condemnee in Dept. of Transportation v. Kendricks, 244 Ga. 613 (1979). The award of attorney fees must be stricken from the verdict.

Judgment affirmed with direction that the attorney fees be stricken from the judgment. Nichols, C. J., Undercofler, P. J., Jordan, Bowles and Marshall, JJ., and Judge Charles L. Weltner, concur.

HILL, Justice.

ARGUED NOVEMBER 14, 1979 — DECIDED NOVEMBER 27, 1979.