CopyCited 14 times | Published | Supreme Court of Georgia | Oct 26, 1989 | 259 Ga. 502
...Cloister Homes conveyed both Lot 33 and the disputed portion of Lot 34, to Lawhorne July 27, 1982. The trial court ordered that the deeds from Fulton Federal to Cloister Homes and from Cloister Homes to Lawhorne be reformed to exclude all of Lot 34. The court awarded costs in the amount of $5,649.47 to appellees under OCGA §
9-4-9....
...he fact finder. 3. Appellant insists that the award of costs and attorney fees was unwarranted. The parties stipulated in the consolidated pre-trial order under "Damages" that "[t]he Court may make such award of costs as may seem equitable and just. Section
9-4-9 O.C.G.A." OCGA §
9-4-9 provides the lower court may, in its discretion, award costs in a declaratory judgment action in an equitable manner....
...t of the colloquy between the trial court and counsel over the preparation of the final order indicates that this amount also included attorney fees and the fees of experts. The only prayer for attorney fees in the complaint is for relief under OCGA §
9-4-9, which allows only costs....
CopyCited 3 times | Published | Supreme Court of Georgia | Jan 19, 2016 | 782 S.E.2d 2
...ear and
unambiguous on the issue of alimony and that Husband’s request for proof that
Wife was alive was moot given the evidence, including her appearance in court.
On September 15, 2014 Wife filed a motion for attorney fees under
OCGA §§
9-4-9 and
9-15-14 (a).1 On November 3, without holding a hearing,
the court entered an order recognizing that attorney fees are not “costs” under
§
9-4-9 but granting Wife’s motion under §
9-15-14 (a) and limiting the issues
at an upcoming hearing to “the amount of attorney’s fees and expenses to be
awarded . . . and whether the award . . . shall be against Mr. Belcher, his
attorney, or both.” On November 10, the court held an evidentiary hearing, and,
1
OCGA §
9-4-9 says: “In any proceeding under this [Declaratory
Judgments] chapter the court may make such award or division of costs as may
seem equitable and just.” OCGA §
9-15-14 (a) mandates an award of attorney
fees and litigation expenses “to...
...reasonably be believed that a court would accept the asserted claim, defense, or
other position.”
3
on December 17th, the court entered a very short order requiring Husband to
pay Wife $2,500 in attorney fees under OCGA §§
9-4-9 and
9-15-14 (a)....
...abusive conduct for which the award under OCGA §
9-15-14 (a) was proper.
This Court granted Husband’s application to appeal with the following
question:
Did the trial court err in its December 17, 2014 order to the extent that it
awarded attorney fees under OCGA §
9-4-9 and by awarding attorney fees
under OCGA §
9-15-14 (a) without making express findings specifying
the abusive conduct for which the award was made? See Lawhorne v.
Soltis,
259 Ga. 502, 504 (384 SE2d 662) (1989); Williams v. Becker,
294
Ga. 411, 413-414 (754 SE2d 11) (2014).
As Wife correctly concedes, the trial court erred to the extent that it
awarded attorney fees under OCGA §
9-4-9 and to the extent that its award was
procedurally improper under OCGA §
9-15-14 (a) in that the court did not make
express findings specifying the abusive conduct for which the award was made.
See Lawhorne, supra,
259 Ga. at 504 (3) (award under OCGA §
9-4-9 “allows
only costs[, and] ‘[c]osts’ does not include attorney fees”) (citation omitted);
Williams, supra, 294 Ga....
...If the court
awards attorney fees under OCGA §
9-15-14, it must make express findings
specifying the abusive conduct for which the award is made”). Accordingly, we
must reverse the portion of the trial court’s December 17 order awarding
attorney fees under OCGA §
9-4-9, vacate the portion of the order awarding fees
under OCGA §
9-15-14, and remand this case to the trial court with the direction
that it enter a proper order on Wife’s motion for attorney fees under OCGA §
9-15-14.
Judgment reversed in part and vacated in part, and case remanded with
direction....
