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Davis v. Crescent Holdings Invs. LLC

The trial court lacked the authority to make a substantive modification to an order awarding attorney fees outside the term of court of the original order, and the trial court erred in denying the appellants' motion to set aside the amended award of attorney fees that was assessed against them.

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In this discretionary appeal, attorney Douglas J. Davis and his law firm, Belli Weil Grozbean Davis, LLC, seek review of the trial court’s order denying, inter alia, their motion to set aside an amended award of attorney fees that was assessed against them. Specifically, they allege that the trial court erred 1 in finding that their motion to set aside was untimely; and 2 in finding that the original order awarding attorney fees was properly amended to name them as sanctionable parties. For the reasons that follow, we reverse.

Generally, we review a trial court’s ruling on a motion to set aside for abuse of discretion. However, where the facts are undisputed and the issues presented on appeal involve questions of law, we review the trial court’s ruling de novo. See Barner v. Binkley, 304 Ga. App. 73, 74-75 1 695 SE2d 398 2010.

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