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Tiller v. RJJB Assocs. LLP

The trial court erred in awarding attorneys' fees and litigation expenses to defendants after plaintiff rejected their purported settlement offer and the trial court granted summary judgment to them, since the underlying settlement offer was unclear and ambiguous and thus did not meet the requirements of O.C.G.A. § 9-11-68 subsection a.

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Appellees Argo-Memorial Drive Associates, LLC “Argo” and J.C. Penney Corporation, Inc. filed a motion for attorney fees and litigation expenses pursuant to the “offer of settlement statute,” OCGA § 9-11-68, after the trial court granted their second motion for summary judgment in Lisa Tiller’s premises liability action against them.1 The trial court granted Appellees’ motion, and Tiller now appeals, arguing that Appellees’ offer failed to comply with OCGA § 9-11-68 a and was not made in good faith and that Appellees failed to prove the reasonableness of the fees and expenses they sought to recover. We conclude that the offer of settlement did not meet the requirements of OCGA § 9-11-68 a, and we therefore reverse.

We apply a de novo standard of review when an appeal presents a question of law regarding whether the trial court correctly interpreted and applied OCGA § 9-11-68 a. Great West Cas. Co. v. Bloomfield, 303 Ga. App. 26, 27 693 SE2d 99 2010.

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