298 Ga. 333
Ga.2016Background
- Donald and Sarah Belcher divorced in 2005; divorce decree required Donald to pay Sarah $500/month alimony until her death or remarriage.
- Husband stopped alimony payments in Dec. 2013 and placed a stop payment on the prior check; Wife notified Husband by certified letters in May 2014 demanding payment.
- Husband’s counsel demanded proof of Wife’s health before releasing funds; Wife’s counsel responded that she was alive and demanded past-due payments and resumption of payments.
- Husband filed a verified declaratory judgment petition (July 7, 2014) requesting verification of Wife’s ongoing health status and notice of death; Wife was personally served, moved to dismiss, and appeared at hearing.
- Trial court dismissed Husband’s petition (Sept. 2, 2014) as moot and entered an order; Wife sought attorney fees under OCGA §§ 9-4-9 and 9-15-14(a).
- Trial court awarded Wife $2,500 in attorney fees in a December 17, 2014 order citing both statutes but made no express findings describing the abusive conduct supporting a § 9-15-14(a) award.
Issues
| Issue | Plaintiff's Argument (Wife) | Defendant's Argument (Husband) | Held |
|---|---|---|---|
| Whether attorney fees can be awarded under OCGA § 9-4-9 in declaratory judgment proceedings | § 9-4-9 permits equitable awards of costs and thus allows attorney fees here | § 9-4-9 authorizes only costs; attorney fees are not "costs" | Reversed as to fees under § 9-4-9; attorney fees are not recoverable under § 9-4-9 |
| Whether the § 9-15-14(a) fee award was procedurally valid without express findings of abusive conduct | Court’s award of fees under § 9-15-14(a) was proper based on Husband’s baseless petition and conduct | Trial court failed to make the required express findings identifying the abusive conduct supporting § 9-15-14(a) relief | Vacated fee award under § 9-15-14(a) and remanded for findings and compliance with procedural requirements (hearing and specific findings) |
Key Cases Cited
- Lawhorne v. Soltis, 259 Ga. 502 (recognizing that § 9-4-9 allows costs and that "costs" does not include attorney fees)
- Williams v. Becker, 294 Ga. 411 (requiring evidentiary hearing and express findings specifying the abusive conduct for a § 9-15-14(a) attorney-fee award)