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Brock Built, LLC v. Blake

Citations: 316 Ga. App. 710; 730 S.E.2d 180; 2012 Fulton County D. Rep. 2348; 2012 Ga. App. LEXIS 638; 2012 WL 2756337Docket: A12A0518, A12A0519

Court: Court of Appeals of Georgia; July 10, 2012; Georgia; State Appellate Court

Narrative Opinion Summary

In the case involving an employment dispute between Henry Blake and Brock Built, LLC, the primary legal issues centered around claims of breach of contract for unpaid severance and incentive compensation, and counterclaims of breach of fiduciary duty. The trial court granted summary judgment in favor of Blake for severance and incentive compensation, while denying Brock Built's motion on similar grounds. On appeal, the court affirmed the severance award but reversed the incentive compensation ruling due to factual disputes, remanding the matter for recalculations and consideration of attorney fees. Following a bench trial, Blake was awarded $180,000 in severance, $19,809.20 in incentive compensation, and substantial attorney fees and interest. Brock Built contested the severance and attorney fees, while Blake disputed the incentive compensation sufficiency and the court's evidentiary decisions. The appellate court upheld the trial court's factual findings, emphasizing adherence to the contractual stipulations regarding severance and incentive calculations, and confirmed Blake's 'substantial success' in litigation for attorney fee recovery. The judgment was affirmed in part, vacated in part, and remanded for recalculating attorney fees, with the total judgment amounting to $256,589, exclusive of additional fees and costs awarded.

Legal Issues Addressed

Admissibility of Witness Testimony

Application: The trial court's decision to admit Salvati's testimony was upheld, as Blake did not file a motion to exclude her testimony, and her inclusion as a witness was proper.

Reasoning: The trial court's decision to allow Salvati's testimony was deemed not an abuse of discretion.

Breach of Contract for Unpaid Severance

Application: The court upheld the trial court's decision to award Blake twelve months of severance pay, affirming that his role in his own LLC did not constitute 'employment with a third party' as per the employment contract.

Reasoning: The trial court determined that Blake's role in his own LLC did not equate to 'employment with a third party,' thus affirming his entitlement to twelve months of severance, amounting to $180,000.

Calculation of Attorney Fees

Application: The trial court's award of attorney fees was challenged on grounds of reasonableness, requiring recalculation due to inclusion of amounts related to a barred tort claim.

Reasoning: Consequently, the court affirmed the fees but vacated the award for recalculation.

Incentive Compensation Calculation

Application: The court found that Blake's incentive compensation was correctly calculated based on the accounting firm's determination of net profits, despite Blake's objections.

Reasoning: The contract clearly states that the accountant's calculation is final and binding, leading to a bonus entitlement for Blake of $19,809.20.

Substantial Success in Litigation

Application: The court upheld the award of attorney fees to Blake, finding him 'substantially successful' despite a summary judgment against him on one claim.

Reasoning: The trial court, however, found that despite the summary judgment, Blake successfully claimed severance and incentive compensation, thus qualifying as 'substantially successful' under the agreement.