section 9-11-68 offer of settlement (Georgia) · Go Syfert
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section 9-11-68 offer of settlement in Georgia

12 Georgia opinions name it 1 courts 2016–2026 9 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Great West Casualty Co. v. Bloomfieldgreen
gactapp · 2011 · cited in 2 Georgia opinions naming this issue, 2022–2025
2 sentences

2025See Bloomfield, 313 Ga. App. at 183 (2) (affirming trial court’s decision not to award attorney fees under OCGA § 9-11-68).

2022Co. v. Bloomfield, 313 Ga. App. 180, 183 (2) ( 721 SE2d 173 ) (2011). [D]etermining whether an offer was made in good faith rests on whether the offeror has a reasonable foundation on which to base the offer[,] and . . . so long as the offeror has a basis in known or reasonably believed fact to conclude that the offer is justifiable, the good faith requirement has been satisfied.

22
Chadwick v. Brazellgreen
gactapp · 2015 · cited in 4 Georgia opinions naming this issue, 2018–2023
2 sentences

2023Further, when the language of a statute is plain and susceptible of only one natural and reasonable construction, courts must construe the statute accordingly.16 15 See Chadwick v. Brazell, 331 Ga. App. 373, 375 (2) ( 771 SE2d 75 ) (2015). 16 (Citations and punctuation omitted.) Harris v. Mahone, 340 Ga. App. 415, 417-418 (1) ( 797 SE2d 688 ) (2017). 15 Additionally, we recognize that “because any statute that provides for the award of attorney fees is in derogation of common law, it must be strictly construed against the award of such damages.”17 OCGA § 9-11-68 applies to written offers of se

2023Further, when the language of a statute is plain and susceptible of only one natural and reasonable construction, courts must construe the statute accordingly.16 15 See Chadwick v. Brazell, 331 Ga. App. 373, 375 (2) ( 771 SE2d 75 ) (2015). 16 (Citations and punctuation omitted.) Harris v. Mahone, 340 Ga. App. 415, 417-418 (1) ( 797 SE2d 688 ) (2017). 15 Additionally, we recognize that “because any statute that provides for the award of attorney fees is in derogation of common law, it must be strictly construed against the award of such damages.”17 OCGA § 9-11-68 applies to written offers of se

14
Harris v. Mahonegreen
gactapp · 2017 · cited in 2 Georgia opinions naming this issue, 2018–2023
2 sentences

2023Further, when the language of a statute is plain and susceptible of only one natural and reasonable construction, courts must construe the statute accordingly.16 15 See Chadwick v. Brazell, 331 Ga. App. 373, 375 (2) ( 771 SE2d 75 ) (2015). 16 (Citations and punctuation omitted.) Harris v. Mahone, 340 Ga. App. 415, 417-418 (1) ( 797 SE2d 688 ) (2017). 15 Additionally, we recognize that “because any statute that provides for the award of attorney fees is in derogation of common law, it must be strictly construed against the award of such damages.”17 OCGA § 9-11-68 applies to written offers of se

2023Further, when the language of a statute is plain and susceptible of only one natural and reasonable construction, courts must construe the statute accordingly.16 15 See Chadwick v. Brazell, 331 Ga. App. 373, 375 (2) ( 771 SE2d 75 ) (2015). 16 (Citations and punctuation omitted.) Harris v. Mahone, 340 Ga. App. 415, 417-418 (1) ( 797 SE2d 688 ) (2017). 15 Additionally, we recognize that “because any statute that provides for the award of attorney fees is in derogation of common law, it must be strictly construed against the award of such damages.”17 OCGA § 9-11-68 applies to written offers of se

12
Troy Ellis v. Kenneth L. Seavergreen
gactapp · 2023 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025Construing OCGA § 9-11-68 strictly, as we must, Ellis, 367 Ga. App. at 322, we conclude that the statute contemplates that an award of attorney fees and expenses of litigation would apply only to named parties that participated in the decision to reject an offer of settlement and then proceeded to trial.

11
Amy L. Hillman v. Anna Bordgreen
gactapp · 2018 · cited in 1 Georgia opinions naming this issue, 2024–2024
1 sentence

2024We find this analysis persuasive.2 2 In Hillman, supra, 347 Ga. App. at 652-655 (1), Judges Reese and McMillian concluded that OCGA § 9-11-68 applied to an offer to settle both tort claims seeking damages and a claim for injunctive relief, where the claim for injunctive relief was “entirely premised” on the allegations in the tort claims.

11
Georgia Department of Corrections v. Couchgreen
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2024–2024
1 sentence

2024Ga., September 12, 2022) (persuasive authority only). 4 I recognize that the Georgia Supreme Court has characterized the rejection of a § 9-11-68 (b) offer as “inappropriate” conduct or “misbehavi[or],” Junior, 313 Ga. at 426 (2) (b), quoting Couch, 295 Ga. at 480-481 (2) (b).

11
David Eichenblatt v. piedmont/maple, LLCgreen
gactapp · 2021 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024Compare Eichenblatt, supra, 358 Ga. App. at 237-240 (1) (OCGA § 9-11-68 did not apply where the settlement offer could be read to apply to both a tort claim and a breach of contract claim and the 7 Our conclusion that an offer of settlement under OCGA § 9-11-68 must seek to settle a tort claim for damages is reinforced by how courts assess whether an offer under the statute is made in good faith.

2024Compare Eichenblatt, supra, 358 Ga. App. at 237-240 (1) (OCGA § 9-11-68 did not apply where the settlement offer could be read to apply to both a tort claim and a breach of contract claim and the 7 Our conclusion that an offer of settlement under OCGA § 9-11-68 must seek to settle a tort claim for damages is reinforced by how courts assess whether an offer under the statute is made in good faith.

11
Junior v. Grahamgreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2024–2024
1 sentence

2024Ga., September 12, 2022) (persuasive authority only). 4 I recognize that the Georgia Supreme Court has characterized the rejection of a § 9-11-68 (b) offer as “inappropriate” conduct or “misbehavi[or],” Junior, 313 Ga. at 426 (2) (b), quoting Couch, 295 Ga. at 480-481 (2) (b).

11
Suarez v. Halbertgreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021Moreover, “where it is apparent that a trial court’s judgment rests on an erroneous legal theory, an appellate court cannot affirm.” (Citation and punctuation omitted.) Suarez v. Halbert, 246 Ga. App. 822, 824 (1) ( 543 SE2d 733 ) (2000).

2021Moreover, “where it is apparent that a trial court’s judgment rests on an erroneous legal theory, an appellate court cannot affirm.” (Citation and punctuation omitted.) Suarez v. Halbert, 246 Ga. App. 822, 824 (1) ( 543 SE2d 733 ) (2000).

11
Great West Casualty Co. v. Bloomfieldgreen
gactapp · 2010 · cited in 1 Georgia opinions naming this issue, 2018–2018
2 sentences

2018Co. v. Bloomfield , 303 Ga. App. 26 , 28 (1), 693 S.E.2d 99 (2010) ("Neither the Supreme Court of Georgia nor this [C]ourt has addressed the level of particularity needed for a condition in a settlement offer to satisfy OCGA § 9-11-68 (a) (4)."); cf. Abdalla v. Atlanta Nephrology Referral Center , 338 Ga. App. 36 , 38, n. 3, 789 S.E.2d 288 (2016) (The Appellant failed to raise the issue of whether a settlement offer under OCGA § 9-11-68 could encompass tort claims and claims subject to arbitration.). 21 See Fla. R.

2018Co. v. Bloomfield , 303 Ga. App. 26 , 28 (1), 693 S.E.2d 99 (2010) ("Neither the Supreme Court of Georgia nor this [C]ourt has addressed the level of particularity needed for a condition in a settlement offer to satisfy OCGA § 9-11-68 (a) (4)."); cf. Abdalla v. Atlanta Nephrology Referral Center , 338 Ga. App. 36 , 38, n. 3, 789 S.E.2d 288 (2016) (The Appellant failed to raise the issue of whether a settlement offer under OCGA § 9-11-68 could encompass tort claims and claims subject to arbitration.). 21 See Fla. R.

11
Bell v. Waffle House, Inc.green
gactapp · 2015 · cited in 1 Georgia opinions naming this issue, 2016–2016
1 sentence

2016See OCGA § 24-4- 408 (specifically excluding OCGA § 9-11-68 from nonadmissible offers of compromise). 10 For these reasons, we hold that a hearing is required for the award of attorney fees pursuant to OCGA § 9-11-68, which may include, as here, the consideration of whether the offer was made in good faith.7 Our holding in Bell, supra, 331 Ga. App. at 446 , does not require a different result.

11
Williams v. Beckergreen
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016Although a party may waive a hearing expressly or by conduct, a timely objection to the motion “even without a specific request for a hearing, is generally sufficient to preclude a waiver by conduct of the right to an evidentiary hearing.” (Citation and punctuation omitted.) Williams v. Becker, 294 Ga. 411, 413 (2) (a) ( 754 SE2d 11 ) (2014).

2016Although a party may waive a hearing expressly or by conduct, a timely objection to the motion “even without a specific request for a hearing, is generally sufficient to preclude a waiver by conduct of the right to an evidentiary hearing.” (Citation and punctuation omitted.) Williams v. Becker, 294 Ga. 411, 413 (2) (a) ( 754 SE2d 11 ) (2014).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
City of Pendergrass v. Katherine Rintoul green
gactapp · 2020
2 sentences

2026“On appeal from a jury verdict in a civil case, we view the record in the light most favorable to the jury’s verdict and the trial court’s final judgment.” City of Pendergrass v. Rintoul, 354 Ga. App. 618 , 618 ( 841 SE2d 399 ) (2020).

2026“On appeal from a jury verdict in a civil case, we view the record in the light most favorable to the jury’s verdict and the trial court’s final judgment.” City of Pendergrass v. Rintoul, 354 Ga. App. 618 , 618 ( 841 SE2d 399 ) (2020).

12026–2026
RAMESH SHAHA v. TONY GENTRY green
gactapp · 2021
2 sentences

2024OCGA § 9-11-68 (d) (2) provides that a court may disallow an attorney fees award if the court determines that the offer “was not made in good faith.” “Relevant evidence on the absence of good faith may include, inter alia, (1) whether the offer bore no reasonable relationship to the amount of damages, (2) an unrealistic assessment of liability, or (3) that the offeror lacked intent to settle the claim.” (Citation omitted.) Shaha v. Gentry, 359 Ga. App. 613 , 615 (2) ( 859 SE2d 567 ) (2021).

2024OCGA § 9-11-68 (d) (2) provides that a court may disallow an attorney fees award if the court determines that the offer “was not made in good faith.” “Relevant evidence on the absence of good faith may include, inter alia, (1) whether the offer bore no reasonable relationship to the amount of damages, (2) an unrealistic assessment of liability, or (3) that the offeror lacked intent to settle the claim.” (Citation omitted.) Shaha v. Gentry, 359 Ga. App. 613 , 615 (2) ( 859 SE2d 567 ) (2021).

12024–2024
Graham v. HHC St. Simons, Inc. green
gactapp · 2013
2 sentences

2023Instead, § 9-11-68 (a) (8) provides that service of an offer made under that provision must be accomplished “by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5.” In this way, § 9-11- 23 OCGA § 9-11-5 (f) (4). 24 322 Ga. App. 693 ( 746 SE2d 157 ) (2013) (physical precedent only). 25 Id. at 695 (2). 26 Ga. L. 2018, p. 550, § 1A-1. 18 68 (a) (8) is different from other statutory provisions which refer to § 9-11-5’s identification of various methods of service.

2023Instead, § 9-11-68 (a) (8) provides that service of an offer made under that provision must be accomplished “by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5.” In this way, § 9-11- 23 OCGA § 9-11-5 (f) (4). 24 322 Ga. App. 693 ( 746 SE2d 157 ) (2013) (physical precedent only). 25 Id. at 695 (2). 26 Ga. L. 2018, p. 550, § 1A-1. 18 68 (a) (8) is different from other statutory provisions which refer to § 9-11-5’s identification of various methods of service.

12023–2023
Bart Fanelli v. BMC Software, Inc. neutral
ca11 · 2017
1 sentence

2020Ga., decided Apr. 12, 2016) (order on motion for sanctions for failure to accept offer of settlement under OCGA § 9-11-68), affirmed by Fanelli v. BMC Software, Inc., 686 Fed.

12020–2020
Anna Bord v. Amy L. Hillman green
gactapp · 2015
2 sentences

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

12018–2018
Horton v. Dennis green
gactapp · 2013
2 sentences

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

12018–2018
Deal v. Coleman green
ga · 2013
2 sentences

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

12018–2018
TILLER v. RJJB ASSOCIATES, LLP Et Al. green
gactapp · 2015
2 sentences

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

12018–2018
ABDALLA v. ATLANTA NEPHROLOGY REFERRAL CENTER, LLC Et Al. green
gactapp · 2016
2 sentences

2018Co. v. Bloomfield , 303 Ga. App. 26 , 28 (1), 693 S.E.2d 99 (2010) ("Neither the Supreme Court of Georgia nor this [C]ourt has addressed the level of particularity needed for a condition in a settlement offer to satisfy OCGA § 9-11-68 (a) (4)."); cf. Abdalla v. Atlanta Nephrology Referral Center , 338 Ga. App. 36 , 38, n. 3, 789 S.E.2d 288 (2016) (The Appellant failed to raise the issue of whether a settlement offer under OCGA § 9-11-68 could encompass tort claims and claims subject to arbitration.). 21 See Fla. R.

2018Co. v. Bloomfield , 303 Ga. App. 26 , 28 (1), 693 S.E.2d 99 (2010) ("Neither the Supreme Court of Georgia nor this [C]ourt has addressed the level of particularity needed for a condition in a settlement offer to satisfy OCGA § 9-11-68 (a) (4)."); cf. Abdalla v. Atlanta Nephrology Referral Center , 338 Ga. App. 36 , 38, n. 3, 789 S.E.2d 288 (2016) (The Appellant failed to raise the issue of whether a settlement offer under OCGA § 9-11-68 could encompass tort claims and claims subject to arbitration.). 21 See Fla. R.

12018–2018
Lima Delta Company v. Global Aerospace, Inc. green
gactapp · 2016
2 sentences

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

2018Because the majority concludes otherwise, I respectfully dissent. 1 See Bord v. Hillman , 335 Ga. App. 18 , 780 S.E.2d 725 (2015) ; Hillman v. Bord , 342 Ga. App. XXII (August 2, 2017) (unpublished). 2 See, e.g., Lima Delta Co. v. Global Aerospace , 338 Ga. App. 40 , 46 (3), 789 S.E.2d 230 (2016) ("OCGA § 9-11-60 (h) provides that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be. [I]f subsequent to an appellate decision, the evident

12018–2018

Statutes the citing opinions construe

GA § 9-11-68 (12) GA § 9-15-14 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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