305 Ga. 310
Ga.2019Background
- Jasper County Superior Court entered stalking-related protective orders against Steve and Jodi Bishop in favor of neighbors Bernie and Michael Goins and Jana and Keith Powell.
- The Bishops appealed; the Court of Appeals affirmed the protective orders in unpublished opinions.
- After the appeals, the Neighbors moved the trial court for costs and attorney fees incurred during the appellate proceedings under OCGA § 16-5-94(d)(3).
- The trial court awarded attorney fees to the Neighbors; the Bishops challenged those awards as unauthorized by statute.
- The Court of Appeals upheld the awards, reasoning the statute did not expressly limit fees to trial-court proceedings.
- The Georgia Supreme Court granted certiorari and reversed, holding the statute does not authorize awards of appellate fees separate from a protective order or approved consent agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OCGA § 16-5-94(d)(3) authorizes awarding costs and attorney fees for appellate proceedings after a protective order is entered | Bishop: statute does not authorize appellate-fee awards; fees must be tied to the protective order | Neighbors: statute allows awarding costs and fees and does not expressly limit recovery to trial-court proceedings | The statute permits fees only as part of a protective order or approved consent agreement entered to end stalking; it does not authorize separate awards for appellate proceedings |
Key Cases Cited
- Deal v. Coleman, 294 Ga. 170 (statutory interpretation principles; plain meaning controls)
- Expedia, Inc. v. City of Columbus, 285 Ga. 684 (de novo review of pure legal questions)
- Robinson v. Williams, 280 Ga. 877 (attorney fees require statutory or contractual authorization)
- Hudson v. Abercrombie, 258 Ga. 729 (statutory fee authorizations are in derogation of the common law)
- Bowers v. Fulton County, 227 Ga. 814 (same premise regarding fee statutes)
- Workman v. RL BB ACQ I-GA CVL, LLC, 303 Ga. 693 (strict construction of statutes authorizing fees)
- VSI Enters., Inc. v. Edwards, 238 Ga. App. 369 (strict construction of fee statutes)
- Reynolds v. Kresge, 269 Ga. App. 767 (trial court may fashion appropriate stalking relief)
- Durrance v. Schad, 345 Ga. App. 826 (protective orders/consent agreements as mechanism to end stalking)
- De Louis v. Sheppard, 277 Ga. App. 768 (acknowledging trial court may award costs and fees as part of a protective order)