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Fletcher v. C. W. Matthews Contracting Co. Inc.

The trial court erred in failing to grant the defendant's motion for j.n.o.v. on the plaintiff's claim for attorneys' fees under O.C.G.A. § 13-6-11, as no evidence showed that the defendant breached the guaranty at issue in bad faith or otherwise acted in bad faith in the contractual relations underlying the cause of action.

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This appeal arises from an action by materials supplier C. W. Matthews Contracting Co., Inc., to recover on a guaranty made by Larry Fletcher. Following a jury verdict and the entry of judgment for C. W. Matthews, Fletcher moved for a judgment notwithstanding the verdict or, in the alternative, a new trial. Fletcher claims that the trial court erred in denying his motion because the evidence demanded a verdict contrary to that returned by the jury, and, if not, the trial court’s errors in charging the jury, among other things, required a new trial. We agree with Fletcher that there was no evidence of his bad faith which could support the jury’s award of attorney fees under OCGA § 13-6-11, and that the trial court erred in failing to grant his motion for judgment notwithstanding the verdict as to that claim. But for the reasons set forth below, we conclude that Fletcher’s other claims of error are without merit. Accordingly, we affirm in part and reverse in part.

“There is a presumption in favor of the validity of verdicts. And after rendition of a verdict, all the evidence and every presumption and inference arising therefrom, must be construed most favorably towards upholding the verdict.” Citation and punctuation omitted. Williamson v. Strickland & Smith, Inc., 263 Ga. App. 431 587 SE2d 876 2003. So viewed, the evidence shows that Fletcher, Glenn Neely, and others formed N & N Partners, LLC, in or about 2007. C. W. Matthews sued N & N on an open account for failure to pay for materials C. W. Matthews sold to N & N. Fletcher was named as a co-defendant based on his personal guaranty of N & N’s obligations. The trial court awarded summary judgment to C. W. Matthews on its claims against N & N, and the case against Fletcher proceeded to a jury trial.

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