Fowler's Holdings LLLP v. CLP Family Invs. LP

The trial court erred in awarding excessive nominal damages that could not meet the standard of triviality under Georgia law.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

CLP Family Investments, L.P., and the estate of Claude L. Pennington, Sr. “CLP”, sued Fowler’s Holdings, LLLP “Fowler’s”, for specific performance and damages arising from the parties’ easement agreements on the parking lot of a Macon shopping center where each owned a building. CLP’s original complaint alleged that Fowler’s had failed to maintain the parking lot and had violated its promise not to create additional points of entry to the lot; its amended complaints added claims for rescission, nominal damages, and attorney fees. After a bench trial, the court awarded CLP $120,000 in nominal damages and $55,000 in attorney fees. On appeal, Fowler’s argues that the award of nominal damages was erroneous as a matter of law and that the fee award was not supported by the evidence. We agree with the first of these contentions and therefore affirm in part and reverse in part.

1. a According to CLP’s own account of the proceedings below, it attempted to show that as a result of Fowler’s breaches, it incurred damages in the amounts of a $215,000 for the proposed amount of a tenant’s renewed lease minus a reduction in both term and amount caused by the poor condition of the parking lot; b $225,000 for the cost of fixing the parking lot; c $22,000 for the cost of replacing the parking lot lighting; and d $33,490 for the decrease in the property’s value caused by heavier traffic as a result of additional and unauthorized entryways made to the lot. By this account, then, CLP’s claimed damages, some portion of which it admits were not proved with enough specificity to justify an award of actual damages, amounting to approximately $595,000. Although the trial court found that “the damages suffered by CLP are not trivial but are substantial,” it awarded $120,000 as nominal rather than actual damages.

Fowler's Holdings LLLP v. CLP Family Invs. LP

The trial court erred in awarding excessive nominal damages that could not meet the standard of triviality under Georgia law.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report