A19A0932
Ga. Ct. App.Jan 8, 2019Background
- Plaintiffs Adrienne Medlin and Ashley Fay sued defendants Wanda Galante and P.D.Q. Property Management seeking expedited access to The Meadows Unit Owners’ Association books and records.
- Parties entered an interim consent order (Dec. 12, 2017) in which defendants agreed to provide document access.
- Plaintiffs moved for contempt (Dec. 21, 2017), alleging defendants violated the interim consent order; the trial court granted the contempt motion.
- Plaintiffs then moved for attorney fees under OCGA § 9-15-14; the trial court awarded $15,328.92 jointly and severally against the defendants and directed entry of judgment under OCGA § 9-11-54(b).
- Defendants filed a direct appeal of the fee award to the Court of Appeals of Georgia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Appeals has jurisdiction over a direct appeal of an OCGA § 9-15-14 fee award | Medlin argued the fee award was appealable to the Court of Appeals | Defendants appealed directly to the Court of Appeals without seeking discretionary review | Court of Appeals dismissed for lack of jurisdiction because appeals of § 9-15-14 awards require discretionary application unless joined with other directly appealable matters |
Key Cases Cited
- Capricorn Systems, Inc. v. Godavarthy, 253 Ga. App. 840 (2002) (holding appeals of OCGA § 9-15-14 fee awards require discretionary review)
- Smoak v. Dept. of Human Resources, 221 Ga. App. 257 (1996) (compliance with discretionary appeals procedure is jurisdictional)
- Ledford v. Mobley, 321 Ga. App. 761 (2013) (§ 9-15-14 fee award may be appealed directly only when joined with other directly appealable matters)