329 Ga. App. 342
Ga. Ct. App.2014Background
- McClure sued Riverstone Professional Building, LLC and Chris McCurry in 2008; Riverstone granted summary judgment and McCurry a favorable jury verdict.
- The trial court awarded attorney fees to Riverstone and McCurry under OCGA § 9-15-14 after the outcome.
- McClure challenged the awards on three grounds: (i) failure to include attorney fees in the pretrial order; (ii) lack of required elements in the order; (iii) McCurry’s summary judgment and directed verdict were denied.
- The appellate court held the pretrial-order issue waived, agreed the order lacked necessary findings and statutorily designated basis, and vacated the awards for reconsideration on remand.
- The court affirmed in part, vacated in part, and remanded with direction to the trial court to issue a proper order outlining the statutory basis and necessary findings under OCGA § 9-15-14.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attorney fees were properly considered despite not being in the pretrial order | McClure argues the issue was waived by pretrial order | Riverstone/McCurry argue timing and waiver under OCGA § 9-15-14 | Affirmed: pretrial-order issue does not bar the fee award in this context |
| Whether the attorney-fees order contains required findings and statutory basis | McClure contends the order lacks express findings and clarity on subsection used | Appellees contend fees awarded under OCGA § 9-15-14 (a) or (b) | Vacated: order lacks express findings and fails to specify the applicable subsection; remanded for proper findings |
| Whether the denial of McCurry’s summary judgment and directed verdict affects the fee award | McClure asserts trial court erred in considering fees after denial of summary judgment/directed verdict | Court determined fees appropriate under 9-15-14 given conduct/justification issues | Not reached: merits depend on remandable findings; case remanded for reconsideration with proper findings |
Key Cases Cited
- In re Serpentfoot, 285 Ga. App. 325 (2007) (awards of attorney fees require specific factual findings under OCGA § 9-15-14 (b))
- Interfinancial Midtown v. Choate Constr. Co., 284 Ga. App. 747 (2007) (lack of necessary findings voids fee award under OCGA § 9-15-14)
- Dismer v. Luke, 228 Ga. App. 638 (1997) (statutory framework for fee awards under 9-15-14 (f))
- Williams v. Becker, 294 Ga. 411 (2014) (requires express findings and statutorily designated basis in fee awards)
- O’Keefe v. O’Keefe, 285 Ga. 805 (2009) (remedies when fee award lacks required findings under 9-15-14)