Razavi v. Merchant

The trial court erred in awarding attorneys' fees to the defendants pursuant to O.C.G.A. § 9-15-14 b, as it failed to make the proper findings of fact and conclusions of law, did not determine the reasonableness of the attorneys' fees sought and rendered a lump sum award.

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This court granted Ehsan Razavi’s application for discretionary appeal to challenge the trial court’s award of attorney fees to Arif Merchant and his corporation, Great Investors Group, LLC collectively “Great Investors”, pursuant to OCGA § 9-15-14 b. Razavi contends that the trial court erred in failing to make proper findings of fact and conclusions of law, in failing to determine the reasonableness of the fees sought, and in making a lump sum award. Razavi further contends that the trial court erred in awarding attorney fees in any amount because his quantum meruit claim, upon which the award was based, did not lack substantial justification; the claim for attorney fees was barred by the doctrines of res judicata or collateral estoppel; and fundamental principles of jurisprudence militate against allowing Great Investors multiple attempts at obtaining attorney fees. For the reasons that follow, we vacate the award and remand the case for further action by the trial court.

In August 2011, Razavi filed a complaint against Great Investors, alleging, inter alia, a claim for breach of contract and a claim for quantum meruit. At a bench trial, after Razavi had rested his case, the trial court dismissed, inter alia, Razavi’s claim for quantum meruit. At the conclusion of the trial, the court found in favor of Merchant on Razavi’s breach of contract claim the court denied Razavi’s breach of contract claim; and found in favor of Great Investors on counterclaims it had asserted for payment under certain promissory notes, conversion, and assault.

Razavi v. Merchant

The trial court erred in awarding attorneys' fees to the defendants pursuant to O.C.G.A. § 9-15-14 b, as it failed to make the proper findings of fact and conclusions of law, did not determine the reasonableness of the attorneys' fees sought and rendered a lump sum award.

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