Russell v. Sparmer
339 Ga. App. 207
| Ga. Ct. App. | 2016Background
- Vickey Russell sued Todd Sparmer (Hall County) seeking divorce and claims related to dissolving a business partnership (breach of contract, fraud, unjust enrichment, conversion).
- Trial court granted Sparmer summary judgment on the divorce claim, finding the parties were not legally married (no license; ceremony lacked officiant; common-law marriage abolished).
- Remaining claims went to a bench trial; the court found a business partnership and equitably divided assets.
- Sparmer moved for attorney fees under OCGA § 9-15-14 for defending the divorce claim; after a hearing the trial court awarded $39,000.65 in fees.
- Russell appealed the fee award arguing the divorce claim was not frivolous and the fee order lacked required statutory findings and calculations.
- Court of Appeals reversed the attorney-fee award, holding the divorce claim could not serve as a § 9-15-14 basis under the facts presented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Russell’s divorce claim supported an award of attorney fees under OCGA § 9-15-14 | Russell: claim was not frivolous; she asserted an arguable theory of an unlicensed ceremonial self-solemnized marriage | Sparmer: claim lacked any basis in law or fact and was groundless, vexatious, and needlessly expanded litigation | Reversed — divorce claim was not frivolous or interposed for delay; could not justify fees under § 9-15-14 |
| Whether grant of summary judgment alone supports a § 9-15-14 fee award | Russell: unsuccessful outcome does not prove frivolousness; some legal authority arguably supported her claim | Sparmer: summary judgment shows claim had no legal merit | Held: summary judgment alone is insufficient; court must find lack of any justiciable issue or substantial justification |
| Whether trial court made required findings and legal conclusions for a § 9-15-14 award | Russell: order lacked designation of subsection and required express findings and legal conclusions; lump-sum award unexplained | Sparmer: court’s statements on frivolousness sufficed to support award | Held: order deficient as to findings/legal basis; but decision reversed primarily because claim was not frivolous |
| Whether factual record supported conclusion that parties could not be married (license/officiant issues) | Russell: presented evidence of vows, mutual representations, and precedent supporting self-solemnized marriages | Sparmer: lack of license and officiant, and abolition of common-law marriage, make claim meritless | Held: reasonable legal arguments and authorities existed (Askew, other Georgia authority); lack of license/officiant did not render claim per se frivolous |
Key Cases Cited
- Reynolds v. Clark, 322 Ga. App. 788 (affirming standards of review for § 9-15-14) (2013)
- Gibson Constr. Co. v. GAA Acquisitions I, 314 Ga. App. 674 (discussing assessment of legal-state evidence for fee awards) (2012)
- Williams v. Becker, 294 Ga. 411 (explaining requirement for express factual findings and legal conclusions for § 9-15-14 awards) (2014)
- Brown v. Kinser, 218 Ga. App. 385 (grant of summary judgment alone does not automatically support § 9-15-14 fees)
- DeKalb County v. Adams, 263 Ga. App. 201 (reversing fee award where no controlling authority directly on point and some authority arguably supported position)
- Askew v. Dupree, 30 Ga. 173 (discussing validity of self-solemnized marriages absent statute declaring otherwise)
- Davis v. Deloney, 165 Ga. 379 (marriage may be proved by testimony of witnesses acquainted with facts sufficient to establish a valid marriage)