Magnetic Resonance Plus “MRP” filed suit against North Georgia Diagnostic Imaging “NGDI” and its managing agent Imaging Systems International “ISI”, seeking money damages and injunctive relief. MRP had agreed to service and repair magnetic resonance imaging equipment for NGDI under the terms of a contract drafted by MRP. Several months later, NGDI became so dissatisfied with MRP’s performance that it terminated the agreement without giving MRP the required 30 days notice and opportunity to cure provided for in the contract. Following a bench trial, the trial court found a breach of the contract by NGDI and awarded MRP $21,584.37 in damages for lost profits and $32,002 for attorney fees pursuant to a contract provision that stipulated: “In the event any proceeding or lawsuit is brought by MRP or customer in connection with the Agreement, the prevailing party in such proceeding shall be entitled to receive its . . . reasonable attorney’s fees.” On appeal, the Court of Appeals vacated the award for lost profits because the contract specifically shielded both parties from liability for “any lost profits or any incidental, special, or consequential damages relating to this Agreement.” The Court of Appeals also vacated the award of attorney fees and remanded the case for the trial court to consider whether MRP was entitled to attorney fees as the prevailing party even though no monetary damages were awarded. Imaging Systems International, Inc. v. Magnetic Resonance Plus, Inc., 227 Ga. App. 641 490 SE2d 124 1997. On remand, the trial court found that MRP remained the prevailing party because the Court of Appeals did not reverse the trial court’s finding that NGDI had breached the service contract. The trial court again awarded $32,002 to MRP for attorney fees. The Court of Appeals again reversed the trial court, holding that because MRP obtained no relief from the lawsuit, it could not be considered the “prevailing party” in the ordinary meaning of the term. Imaging Systems International, Inc. v. Magnetic Resonance Plus, Inc., 241 Ga. App. 762 527 SE2d 609 2000.
We granted MRP’s petition for certiorari to consider the correctness of the ruling by the Court of Appeals that MRP was not the “prevailing party” under the contract because it did not recover monetary damages or establish a right to non-monetary relief. MRP argues that the Court of Appeals reached the wrong result because it failed to apply the correct rules of construction, failed to consider the intent of the parties, and improperly applied case law arising from statutory as opposed to contractual provisions for attorney fees.
