Colonial Bank v. Boulder Bankcard Processing, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[d]amages are liquidated when they are an amount certain and fixed, either by the act and agreement of the parties, or by operation of law; a sum which cannot be changed by the proof’ (quotation marks omitted)
• vacating trial court’s order and remanding for determination of attorney fees award where trial court erroneously relied on OCGA § 13-1-11
• affirming trial court’s award of interest under OCGA § 13-6-13 on summary judgment
• “In actions for unliquidated damages arising out of breach of contract, it is within the discretion of the factfinder to increase the amount of damages by an allowance of interest”
• “Damages are liquidated when, they are ‘an amount certain and fixed, either by the act and agreement of the parties, or by operation of law; a sum which cannot be changed by the proof; it is so much or nothing.’ ”

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• Currid v. DeKalb State Court Probation Department
  Court of Appeals of Georgia· 2005-07-12· cited 37×
• Eagle Jets, LLC. v. Atlanta Jet, Inc.
  Court of Appeals of Georgia· 2018-10-09· cited 16×
• Ahmad v. Excell Petroleum, Inc.
  Court of Appeals of Georgia· 2005-10-18· cited 8×
• Vaughters v. Outlaw
  Court of Appeals of Georgia· 2008-09-19· cited 5×
• Ferdinand v. City of East Point
  Court of Appeals of Georgia· 2009-11-30· cited 4×
• Georgia Operators Self-Insurers Fund v. PMA Management Corp.
  N.D. Georgia· 2015-02-19· cited 4×
• Lanier at McEver, L.P. v. Planners & Engineers Collaborative, Inc.
  Court of Appeals of Georgia· 2007-05-16· cited 3×
• McCrary v. State
  Court of Appeals of Georgia· 2005-06-23· cited 3×
• Janet Thornton v. Coffee County Board of Education
  Court of Appeals of Tennessee· 2018-10-03
• WELLS AND McELWEE P.C. v. TIFFANY AND TOMATO INC.
  Court of Appeals of Georgia· 2021-02-04
• Braden Copeland v. Home Grown Music, Inc.
  Court of Appeals of Georgia· 2021-03-16
• Reece v. Georgia Insurers Insolvency Pool
  Court of Appeals of Georgia· 2013-10-31
• Hugh Duane Reece v. Georgia Insurers Insolvency
  Court of Appeals of Georgia· 2013-10-31

Cites

17 cases in this archive are cited by this case.

• Matjoulis v. Integon General Ins. Corp.
  Court of Appeals of Georgia· 1997-05-14· cited 645×
• Bullington v. Union Tool Corp.
  Supreme Court of Georgia· 1985-04-30· cited 39×
• Typo-Repro Services, Inc. v. Bishop
  Court of Appeals of Georgia· 1988-09-06· cited 27×
• O'brien's Irish Pub, Inc. v. Gerlew Holdings, Inc.
  Court of Appeals of Georgia· 1985-06-18· cited 22×
• Morris v. NAT. WESTERN LIFE INSURANCE CO.
  Court of Appeals of Georgia· 1993-04-05· cited 22×
• Thornton v. Kumar
  Court of Appeals of Georgia· 1999-11-18· cited 16×
• Campbell v. Breedlove
  Court of Appeals of Georgia· 2000-05-31· cited 14×
• Tyner v. Sheriff
  Court of Appeals of Georgia· 1982-11-10· cited 14×
• Carswell v. National Exchange Bank
  Supreme Court of Georgia· 1927-12-15· cited 14×
• Georgia Color Farms, Inc. v. K.K.L., Ltd. Partnership
  Court of Appeals of Georgia· 1998-10-05· cited 13×
• Holcomb v. Evans
  Court of Appeals of Georgia· 1985-10-30· cited 11×
• Carter v. Ravenwood Development Co.
  Court of Appeals of Georgia· 2001-04-14· cited 11×
• Boddy Enterprises, Inc. v. City of Atlanta
  Court of Appeals of Georgia· 1984-04-02· cited 10×
• Groover v. Commercial Bancorp of Georgia, Inc.
  Court of Appeals of Georgia· 1996-01-25· cited 6×
• Cox v. Erwin
  Court of Appeals of Georgia· 2000-10-19· cited 6×
• Kenemer v. First National Bank
  Court of Appeals of Georgia· 1993-09-24· cited 2×
• Thompson v. Enterprise Leasing Co.
  Court of Appeals of Georgia· 1999-09-16· cited 1×