Attorney fees not cost.

- To the extent that the award of "costs" included attorney fees or expenses of litigation those costs were not allowable. Lawhorne v. Soltis, 259 Ga. 502, 384 S.E.2d 662 (1989).

Although an award of attorney fees to a wife in a declaratory judgment action brought by a husband seeking a determination of the husband's obligations under a divorce decree was not authorized by either O.C.G.A. § 9-4-9 or O.C.G.A. § 13-6-11, the award was allowed by O.C.G.A. § 19-6-2(a)(1) because the wife's separate contempt action based on the husband's failure to comply with the divorce decree was consolidated for disposition with the husband's declaratory judgment action, and the trial court found in favor of the wife in that declaratory judgment action. Waits v. Waits, 280 Ga. App. 734, 634 S.E.2d 799 (2006).

Error in failing to make express findings supporting award.

- In a post-divorce proceeding, the trial court erred to the extent that the court awarded attorney fees to the ex-wife under O.C.G.A. § 9-4-9 and to the extent that the court's award was procedurally improper under O.C.G.A. § 9-15-14(a) in that the court did not make express findings specifying the abusive conduct for which the award was made. Belcher v. Belcher, 298 Ga. 333, 782 S.E.2d 2 (2016).

Cited in Shippen v. Folsom, 200 Ga. 58, 35 S.E.2d 915 (1945).

Am. Jur. 2d.

- 22A Am. Jur. 2d, Declaratory Judgments, § 97.

C.J.S.

- 20 C.J.S., Costs, § 9.

U.L.A.

- Uniform Declaratory Judgments Act (U.L.A.), § 10.