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Eidson v. Croutch

The Court dismissed the appellant's discretionary appeal from the award of attorney fees, because the underlying action remained pending below, and the Court therefore lacked jurisdiction to entertain the discretionary appeal.

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Robert Eidson filed an application for discretionary appeal seeking review of the trial court’s order granting attorney fees to Robyn Croutch under OCGA § 9-15-14 a,1 which this Court granted. For the reasons set forth below, we find that we do not have jurisdiction and dismiss the appeal as improvidently granted.

In November 2014, Robyn Croutch, individually and as next friend of her minor daughter, filed suit against Eidson in the State Court of Gwinnett County, asserting claims arising from a motor vehicle accident. In March 2015, after learning that Eidson did not reside in Gwinnett County as previously believed, Croutch amended her complaint to reflect his actual residence and filed a motion to transfer venue to the State Court of DeKalb County, the location of the accident. Shortly thereafter, Eidson filed a motion to dismiss, alleging that Croutch failed to serve the complaint within the time allowed by OCGA § 9-11-4 c. In addition to opposing the motion to dismiss, Croutch filed a motion for attorney fees. Following a hearing , the trial court entered an order awarding $5,405 in attorney fees to Croutch the Order and, in a separate order entered the same day, granted Croutch’s motion to transfer the case to DeKalb County.

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