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Aames Plumbing Heating Inc. v. Shuford

Because the jury awarded no actual damages on the defendant's counterclaim for fraud in the plaintiff's action seeking payment for plumbing services it performed, the jury's award to the defendant of $16,000 in attorney fees was unauthorized.

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Aames Plumbing Heating, Inc. Aames, commenced this action against Sharon Shuford seeking payment for plumbing services performed in October 2011. Shuford defended on the basis she was fraudulently induced to agree to the work done by Aames, and she also asserted a counterclaim for fraud. The trial court originally granted summary judgment for Aames on Shuford’s fraud defense and counterclaim, but this Court reversed in Shuford v. Aames Plumbing Heating, 327 Ga. App. 844 761 SE2d 395 2014.

Following trial, the jury returned a verdict for Shuford on Aames’s breach of contract claim. The jury also returned a verdict for Shuford on her counterclaim for fraud, but awarded her zero actual damages. The jury did, however, award Shuford $16,000 attorney fees. This second appeal in the case followed the trial court’s denial of Aames’s motion for judgment notwithstanding the verdict.

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