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Mazen Abdalla is a physician and former member of the Atlanta Nephrology Referral Center ANRC. In 2006, Abdalla’s membership in ANRC was terminated, and he filed suit for breach of contract and fraud against ANRC and its remaining members, Drs. Karen Muro, Ze’ev Sharon, Hesun Han, and Dinesh Chatoth collectively ANRC. Abdalla’s breach-of-contract claim was transferred to arbitration, while his fraud claims went to a jury trial where ANRC prevailed. The trial court later awarded attorney fees to ANRC in the amount of $236,686.64 under the offer-of-settlement statute, OCGA § 9-11-68. Abdalla now appeals from that order. For the reasons that follow, we vacate the fee awards under § 9-11-68 and remand this case for further proceedings consistent with this opinion.

As relevant to this appeal, the record shows that Abdalla joined ANRC in 1996. In 1998, he became a member pursuant to an agreement dictating the operating terms of ANRC’s practice the 98 Agreement.

 
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