First Union National Bank v. Big John's Auto Sales, Inc. , 203 Ga. App. 797 ( 1992 )

Beasley, Judge,

concurring in part and dissenting in part.

I concur fully in Divisions 1, 2, 4, 5 and 6 but would not conclusively reverse with respect to Division 3 and as reiterated in Division 7.

Because the trial court misapprehended its authority on the issue of attorney fees under 15 USC § 1640 (a) (3) and did not fulfill its judicial duty in this regard, we should reverse and remand the case for this to be done rather than deprive appellee of the trial court’s consideration of this significant post-verdict issue. In Fleetwood Motor Homes of Pa. v. McGehee, 182 Ga. App. 151, 152 (2) (355 SE2d 73) (1987), the case cited in the majority opinion, the trial court had exercised it discretion.