This is the third appearance of this case before this Court. In Memar v. Jebraeilli , 303 Ga. App. 557, 562 1, 563 3, 4 694 SE2d 172 2010 “Memar I “,1 we affirmed the trial court’s authority to award damages in quantum meruit to Appellee Allie Jebraeilli “Jebraeilli” on his counterclaim, its admission of certain testimony, and its denial of attorneys’ fees to Appellant Joseph Memar “Memar”. Because the trial court’s damages award on the counterclaim was inconsistent with its findings and could not be reconciled, we reversed and remanded for recalculation of the damages award to Jebraeilli. Memar, supra, 303 Ga. App. at 562-63 2 b. On remand, the trial court entered an order recalculating Jebraeilli’s damages award. Memar appeals from this order, arguing that the trial court’s damages recalculation is inconsistent with the trial court’s original order; that the trial court makes no attempt to explain or support its new order; and that the trial court erred in failing to hear the parties’ arguments prior to entering its new order. We disagree and affirm the final damages awards set forth in the trial court’s new order. “In a bench trial, the court sits as the trier of fact and his findings shall not be set aside unless clearly erroneous. The clearly erroneous test is the same as the any evidence rule. Thus, an appellate court will not disturb fact findings of a trial court if there is any evidence to sustain them.” Citations and punctuation omitted. CRS Sirrine, Inc. v. Dravo Corp. , 213 Ga. App. 710, 721 4 445 SE2d 782 1994.
The evidence supporting the trial court’s findings of fact is fully set forth in Memar I : Facts underlying Memar’s complaint. In 2001, Memar and Jebraeilli entered into a joint venture regarding the ownership and rental of real property located at 4423 Buford Highway, Norcross “Tract 1″. The partners purchased the property for $150,000, and rented the property to several tenants for a total of $1,900 per month. The partners agreed that, after paying the mortgage $1,183.19 per month, taxes, and other expenses, they would split the remaining income equally. According to Memar, however, Jebraeilli began collecting rent payments in October 2005 and refused to tender to Memar the amounts necessary so that Memar could pay the above expenses and Memar’s portion of the net income. In November 2006, Memar filed a lawsuit against Jebraeilli asking for an injunction preventing Jebraeilli from collecting rental payments for Tract 1, an award of damages for the amount owed to him for his net portion of the rental payments and for the amount he had paid toward the mortgage and other expenses, punitive damages, and attorney fees. Facts underlying Jebraeilli’s counterclaim. In 2002, the partners purchased a second piece of real property at 4408 Buford Highway, Norcross “Tract 2″ for $100,000 cash. The partners intended to convert a house located on the property to commercial use and agreed that Jebraeilli would act as a general contractor in renovating the property based upon his experience in construction, his engineering degree, and other relevant experience. According to Jebraeilli, Memar promised to pay him $65,000 for his efforts performed in repairing and renovating the property. . . .
