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Hoard v. Beveridge

The trial court did not abuse its discretion in awarding husband attorney fees pursuant to O.C.G.A. § 19-6-2 subsection a in his divorce action against wife after the trial court found that such an award was necessary to ensure the effective representation of both parties.

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This appeal involves a challenge to a trial court’s award to one party in a divorce action of attorney fees under OCGA § 9-15-14 and OCGA § 19-6-2. Because we conclude the trial court made sufficient findings to sustain the full amount of the fee award under OCGA § 19-6-2 a, we affirm.

In 2009, Brett Beveridge filed an action for divorce against his wife, Vivian Hoard. One child was born of the marriage, and the primary issue in the case involved custody of the parties’ minor child. With the parties’ consent, therefore, the trial court appointed as custody evaluator, Dr. Carol Webb, who concluded both parties were fit and loving parents and recommended a joint custodial arrangement. After a hearing, the trial court in April 2011entered a temporary order granting the parties joint legal and physical custody with equal parenting time. In the meantime, Hoard learned that in 2006, Dr. Webb asked opposing counsel’s husband, then state representative Edward Lindsey, for a letter of recommendation for re-appointment by the governor of Georgia to a professional board. Believing that Dr. Webb’s request created a conflict of interest, Hoard throughout much of the remainder of the divorce proceedings filed numerous motions seeking to disqualify Dr. Webb, as well as motions to set aside, for new trial, for mistrial, and to amend, reopen and rehear her motions to disqualify, each of which was related to Hoard’s efforts to disqualify Dr. Webb and was denied by the trial court.1

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