Following a favorable jury award on her claim for a business brokerage commission against Julie Dickerson, Catherine Bienert appeals a summary judgment order that had dismissed her claims for a real estate brokerage commission. She further appeals that portion of the jury verdict awarding damages on Dickerson’s counterclaim and appeals the trial court’s post-judgment award of OCGA § 9-15-14 b attorney fees to Dickerson and the other defendant Dickerson & Associates. Because Bienert failed to appeal the summary judgment timely, and because evidence supported Dickerson’s counterclaims and the motion for attorney fees, we affirm. Construed in favor of the verdict, Jordan v. Stephens ,1 the evidence shows that Dickerson sought to sell her business that supplied personnel to insurance companies. The business assets consisted of various items, including two condominiums. Dickerson orally hired Bienert and her company Bottom Line Management to act as her broker, and Bienert found a potential buyer and expended intensive efforts over a period of months in negotiating the deal to its consummation. As the closing approached, Dickerson and Bienert disagreed over the amount of the commission, with Bienert claiming they had agreed to a $125,000 commission and Dickerson claiming they had agreed to a $50,000 finder’s fee.
Bienert filed a U.C.C. financing statement as a lien on the assets of the business, attaching a document that she altered to falsely indicate that she was a party to the sales agreement. Bienert soon removed the lien, which nevertheless delayed the closing and required Dickerson to expend funds to resolve the matter. With no payment of any brokerage commission, the closing proceeded with the buyer paying Dickerson $1.8 million for her business and its assets.
