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Meek v. Mallory & Evans Inc.

The trial court erred in awarding landlord attorneys' fees under OCGA § 13-6-11 because the statute's language prevents a trial court from ever determining that a claimant is entitled to attorneys' fees as a matter of law.

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Clay Meek appeals from the trial court’s grant of Mallory and Evans’s landlord’s motion for summary judgment on its claim that Meek breached his lease. For reasons that follow, we affirm in part and reverse in part.

The record shows the following undisputed facts. Meek signed a lease for a one-year term beginning August 17, 2007 and ending August 16, 2008. The amount of rent for the initial one-year term was $1,700. The lease provided for two additional one-year terms. If Meek wished to extend the term of the lease, he was required to give written notice to landlord not less than one month prior to the expiration of the current lease. The rent for the second one-year term was $1,900.

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