Kinsala v. Hair, 324 Ga. App. 1

Kinsala sued the Hairs for fraud and misrepresentation over a vehicle sale; magistrate court ruled for the Hairs and the state court affirmed.
After a hearing, the state court awarded the Hairs attorney fees and costs, citing bad faith, stubborn litigiousness, and unnecessary trouble and expense by Kinsala.
Kinsala sought discretionary review, challenging jurisdiction, the sufficiency of the evidence, and the basis for the fee award under OCGA § 9-15-14.
The state court’s fee award did not specify the statutory basis or whether § 9-15-14 (a) or (b) applied, nor did it provide express findings of fact and conclusions of law.
The court vacated and remanded for express findings and to establish the proper statutory basis for any fee award.
The decision also notes that the Hairs did not pursue an independent counterclaim for damages; their counterclaim was for litigation expenses under OCGA § 13-6-11.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Statutory basis for fee award	Kinsala contends no proper basis exists for fees under OCGA § 9-15-14.	Hairs argue fees were recoverable as costs of defense under statutory grounds.	Reversed; remanded for express findings and proper statutory basis.
Need for express findings of fact and law	Kinsala asserts the court failed to make express factual conclusions tying conduct to the statute.	Hairs rely on a general finding of bad faith without detailed findings.	Remanded to require explicit findings and conclusions of law.
Subsection of OCGA § 9-15-14	Kinsala argues the court did not specify whether § 9-15-14 (a) or (b) was used.	Hairs do not provide a clear distinction on subsection application.	Remanded to determine the applicable subsection.
Relation to OCGA § 13-6-11 counterclaim	Kinsala contends damages under § 13-6-11 are not applicable to recover attorney fees.	Hairs asserted litigation expenses under § 13-6-11.	Court notes the counterclaim does not support fee recovery under § 13-6-11 and requires proper structuring under 9-15-14 on remand.

In re Serpentfoot, 285 Ga. App. 325 (2007) (attorney fees require statutory or contractual basis; needs express findings)
Woods v. Hall, 315 Ga. App. 93 (2012) (award must specify basis under 9-15-14 and findings of fact)
Bailey v. McNealy, 277 Ga. App. 848 (2006) (trial court must expressly state statutory basis for 9-15-14 award)
Canton Plaza, Inc. v. Regions Bank, Inc., 315 Ga. App. 303 (2012) (defendant cannot recover as damages for merely being sued; counterclaims must fit statute)
Dennis-Smith v. Freeman, 277 Ga. App. 822 (2006) (litigation expenses context for independent counterclaims)