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Daniels v. Price Communications Wireless Inc.

The plaintiff's failure to specifically plead and pray for an attorney fee award in its petition for reimbursement of 911 emergency access fee charges from digital phone service provider precluded him from recovering those fees under O.C.G.A. § 13-6-11.

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In this case regarding improper charges for 911 emergency services levied by a cellular phone company, Larry Daniels appeals the order of the trial court denying his claims and motion for class certification as moot and denying his claim under OCGA § 13-6-11 for attorney fees. For the reasons set forth below, we dismiss Daniels’ claims regarding improper 911 charges as moot and we affirm the trial court’s rulings.

The record shows that on July 7, 2000, Daniels filed a class-action complaint against Price in the State Court of Chatham County alleging, among other things, that he is a resident of Savannah, that Price sells digital communication services to residents of that city, and that it “is charging its customers for a 911 emergency telephone service that has not been approved by the City Council of . . . Savannah.” The complaint prayed for, among other things, a judgment for amounts incorrectly charged by Price, certification of a class consisting of Daniels and individuals similarly situated, and attorney fees.

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