Following a bench trial, Joseph Memar appeals from the trial court’s judgment, which awarded him the rental proceeds from certain real property, awarded the defendant, Allie Jebraeilli, $15,000 on a counterclaim, and ordered that certain real property be sold and that the proceeds be divided equally between the parties.1 Memar contends that the trial court erred in calculating the damages it awarded to both parties, in awarding damages based upon quantum meruit, in admitting certain evidence, and in refusing to award him attorney fees. He also contends that the evidence was insufficient to support the award of damages to Jebraeilli. For the following reasons, we affirm the trial court’s judgment in part, reverse the judgment in part, and remand this case to the trial court with direction. While we apply a de novo standard of review to any questions of law decided by the trial court, factual findings made after a bench trial shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of witnesses. Because the clearly erroneous test is in effect the same standard as the any evidence rule, appellate courts will not disturb fact findings of a trial court if there is any evidence to sustain them. Citations, punctuation and footnotes omitted. Washington v. Harrison , 299 Ga. App. 335, 336 682 SE2d 679 2009. The trial court in this case made the following findings of fact, which are supported by the record. 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 hereinafter, “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.
