Walton Acoustics, Inc. v. Currahee Construction Co.
Walton Acoustics, Inc. v. Currahee Construction Co.
Opinion of the Court
This is an appeal from the trial court’s grant of the motion of Currahee Construction Company, Inc. (Currahee) to vacate an arbitration award. Walton Acoustics, Inc. (Walton) and Currahee had entered arbitration pursuant to a construction contract between them. The arbitrator awarded Walton $13,756.47 on the contract, $728.81 in attorney fees and $305.61 administration fees and expenses. Currahee moved the trial court to vacate the award on the basis that it improperly included attorney fees. Held:
We affirm. OCGA § 9-9-97 (a) provides: “Unless otherwise pro
Nor can we agree that the trial court has the power simply to set aside the award of attorney fees and confirm the remaining award. As logical as this would be, the statutory scheme does not permit it. OCGA § 9-9-93 (b) (3) provides that an award may be vacated if the arbitrator oversteps his authority, as was done in this case. The dissent’s reliance on OCGA § 9-9-97 (b) is misplaced. That Code section allowed the trial court to reduce or disallow fees or expenses it found excessive. However, to qualify as “excessive” the fees or expenses must have been authorized. Attorney fees were not authorized. This is the reason OCGA § 9-9-97 (b) is not discussed in Hughes & Peden, supra. In following the mandate of Hughes & Peden, supra, the trial court properly set aside the entire award.
Judgment affirmed.
Dissenting Opinion
dissenting.
I agree that attorney fees are not awardable in this case. However, the trial court erred in vacating the award “in its entirety” and remanding the case to the AAA “to begin anew with a new arbitrator.”
OCGA § 9-9-97 governs “other expenses” involved in this dispute. Subsection (a) expressly precludes counsel fees. Subsection (b) provides that “[u]pon application, the court may reduce or disallow any fees or expenses it finds excessive or may allocate them as justice
Although this broader authority was eliminated in 1988, see OCGA § 9-9-17, it was extant in this case. It empowers the court to disallow the counsel fees as excessive because Walton is entitled to zero attorney fees. This the court should have done, as a matter of law.
It is wasteful and serves neither justice nor any useful purpose to send the whole matter back, for rearbitration with a new arbitrator and new potential applications to the trial court and a new appeal, when the law is clear.
I am authorized to state that Judge Birdsong and Judge Sognier join in this dissent.
Reference
- Full Case Name
- Walton Acoustics, Inc. v. Currahee Construction Company, Inc
- Cited By
- 7 cases
- Status
- Published