Opinion
A91A0689, A91A0690.
DECIDED JUNE 4, 1991.
Attorney fees. Fulton Superior Court. Before Judge Hull.
Branch, Pike Ganz, Burt DeRieux, Keith J. Reisman, Eileen M. Crowley, for appellant (case no. A91A0689).
Webb, Kicklighter Casey, Robert E. Casey, Jr., Matthew D. Williams, for appellant (case no. A91A0690). Richard E. Stark, for appellee.
Appellee-plaintiff brought suit, seeking to recover for injuries that he suffered while engaged in his employment with Georgia Power Company. Appellant-defendants answered and, after extensive discovery, they moved for summary judgment. The trial court granted summary judgment in appellants' favor and, on appeal, this court affirmed. Reese v. Southern R. Co., 199 Ga. App. 320 ( 404 S.E.2d 643) (1991). In the instant appeals, appellants appeal from the denial of their respective motions for litigation cost and attorney's fees pursuant to OCGA § 9-15-14. The two appeals are hereby consolidated for appellate review in this single opinion.
"The trial court [refused to award] attorney['s] fees and expenses of litigation [pursuant to either] OCGA § 9-15-14 (a) [or] (b). OCGA § 9-15-14 (a) provides for a mandatory award. The standard of review for this section is the `any evidence' rule. OCGA § 9-15-14 (b) is discretionary and the standard of review is abuse of discretion. Under both standards[,] the record supports the trial court's [denial of an] award." Haggard v. Bd. of Regents c. of Ga., 257 Ga. 524, 527 (4c) ( 360 S.E.2d 566) (1987).
Judgments affirmed. Banke, P. J., and Beasley, J., concur.