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Alessi v. Cornerstone Assocs. Inc.

Georgia's offer of judgment statute, O.C.G.A. § 9-11-68, applies only in the context of traditional civil litigation, not in the context of alternative dispute resolution.

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Gary and Melissa Alessi appeal from an order of the Superior Court of Spalding County granting the petition of Cornerstone Associates, Inc. for an award of costs and attorney fees under Georgia’s offer of judgment statute, OCGA § 9-11-68. The Alessis contend that the trial court erred in granting the petition because in doing so it erroneously held that OCGA § 9-11-68 applies to claims that were decided during binding arbitration instead of civil litigation. For reasons explained more fully below, we agree with the Alessis and therefore reverse the order of the trial court.

Because this appeal involves a question of law, we review both the record and the decision of the court below de novo. Johnson v. Allied Recycling, 323 Ga. App. 427 746 SE2d 728 2013 citation and punctuation omitted.

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