In a dispute between two Korean Americans over a sale of a spa, the defendant prevailed and won attorney fees on the grounds that the plaintiff's claim was substantially frivolous. On appeal, the appellant-plaintiff argued that she presented sufficient evidence to create a legitimate factual dispute as to whether the the defendant was indeed a bona fide purchaser.
After examining the trial record, the appellate court agreed that the plaintiff did provide sufficient factual evidence to create a legitimate question of fact. Because a court is not authorized to award attorney fees where the ruling depends on the resolution of a factual or legal dispute, the appellate court reversed.
Here is a "case book" case--an opinion that nicely captures the essence of a particular area of law, which in this case is attorney fee award in Georgia.
Also of interest: many people are surprised that Georgia is the home to the fastest growing Korean American community. With the massive investment that Korean automakers have been making in Alabama and Georgia, there have been a steady flow of Korean immigrants to Atlanta area. Koreatown in Atlanta is an interesting scene--because most Korean Americans there are recent immigrants, all the storefronts are nice and new.
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