Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448The court shall fix a reasonable compensation, not less than $50.00, to be paid to the master appointed under this part and shall fix the compensation to be paid to any representative in the nature of a guardian ad litem appointed under this part. These fees are to be taxed in the discretion of the court as a part of the costs.
(Ga. L. 1966, p. 443, § 8.)
The award of compensation to the special master is a part of the costs under this section and does not affect the finality of the judgment for purposes of appeal. Green v. Kaplan, 237 Ga. 602, 229 S.E.2d 369 (1976).
- Filing of a notice of appeal in the underlying action deprived a trial court of jurisdiction to thereafter order the payment of interim fees to a special master because ultimate responsibility for the fees was directly related to the resolution of the quiet title action that was not yet fully resolved at the time the trial court taxed the special master's fee as costs of the action. Under such circumstances, the award of the special master's fee was improper. Avren v. Garten, 289 Ga. 186, 710 S.E.2d 130 (2011).
- O.C.G.A. § 23-3-68 did not require a hearing before the trial court as to the reasonableness of a special master's fees and costs; moreover, the trial court had discretion to apportion costs between the parties, and the allocation of costs was not controlled by which party prevailed. In part because taxpayers did not prevail on their claims against an assignee of the title to their property, the trial court did not err in assigning them 25 percent of the special master's fees. Boyd v. JohnGalt Holdings, LLC, 294 Ga. 640, 755 S.E.2d 675 (2014).
- A trial court's order awarding a special master $9,500 in fees, to be borne equally by the parties in a quiet title/adverse possession case, was not an abuse of discretion. Simmons v. Cmty. Renewal & Redemption, LLC, 286 Ga. 6, 685 S.E.2d 75 (2009).
Cited in Capers v. Camp, 244 Ga. 7, 257 S.E.2d 517 (1979); In re Rivermist Homeowners Ass'n, 244 Ga. 515, 260 S.E.2d 897 (1979).
Total Results: 5
Court: Supreme Court of Georgia | Date Filed: 2016-11-07
Citation: 300 Ga. 91, 793 S.E.2d 402, 2016 Ga. LEXIS 727
Snippet: appointed under the terms of that Act. Indeed, OCGA § 23-3-68 merely states: The court shall fix a reasonable
Court: Supreme Court of Georgia | Date Filed: 2014-03-03
Citation: 294 Ga. 640, 755 S.E.2d 675, 2014 Fulton County D. Rep. 357, 2014 WL 819430, 2014 Ga. LEXIS 171
Snippet: ordered to pay 25% of $18,700 in fees. OCGA § 23-3-68 requires the court to fix a reasonable compensation
Court: Supreme Court of Georgia | Date Filed: 2011-05-16
Citation: 710 S.E.2d 130, 289 Ga. 186, 2011 Fulton County D. Rep. 1466, 2011 Ga. LEXIS 377
Snippet: discretion of the court as part of the costs." OCGA § 23-3-68. After the notice of appeal was filed from the
Court: Supreme Court of Georgia | Date Filed: 2009-10-19
Citation: 685 S.E.2d 75, 286 Ga. 6, 2009 Fulton County D. Rep. 3318, 2009 Ga. LEXIS 645
Snippet: party required to pay half of those fees. OCGA § 23-3-68 provides that "[t]he court shall fix a reasonable
Court: Supreme Court of Georgia | Date Filed: 2004-09-13
Citation: 602 S.E.2d 572, 278 Ga. 334, 2004 Fulton County D. Rep. 2949, 2004 Ga. LEXIS 634
Snippet: special master provisions of OCGA §§ 23-3-63 through 23-3-68 are adopted for conventional quia timet, but the