Hallman v

Emory Univ., 225 Ga. App. 247, 483 S.E.2d 362 (1997). Attorney’s fees denied. — Creditor’s motion to amend the creditor’s claim for sanctions against the debtor under O.C.G.A. § 9-15-14 to state a claim under O.C.G.A. § 51-7-81 was denied as the amendment was untimely and inequitable, and resolution of the claim under the 719 former section was conclusive. In re Fowler, No. 03-92256-MGD, 2006 Bankr. LEXIS 2322 (Bankr. N.D. Ga. July 10, 2006). Attorney’s fees improper before underlying suit terminated. — Trial court erred in charging a jury on attorney’s fees under O.C.G.A. § 51-7-81 because a claim under § 51-7-81 could not be brought as a counterclaim and was premature. The jury awarded fees against both the buyers and buyers’ counsel, which was only per- 51-7-84 mitted under § 51-7-81 and not under O.C.G.A. § 13-6-11; because the jury may have based the jury’s award on an improper theory, a new trial on attorney’s fees was required. Goldsmith v. Peterson, 307 Ga. App. 26, 703 S.E.2d 694 (2010). Cited in First Union Nat’l Bank v. Cook, 223 Ga. App. 374, 477 S.E.2d 649 (1996); Great W. Bank v. Southeastern Bank, 234 Ga. App. 420, 507 S.E.2d 191 (1998). 51-7-84. Notice of claim asserted; when action must be brought.