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Sherman v. Dickey

The trial court lacked the authority to grant an award of attorneys' fees at the summary judgment stage of litigation pursuant to O.C.G.A. § 13-6-11.

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In this personal-injury action arising from a motor-vehicle accident, Daniel Sherman and Jennifer Sherman appeal the trial court’s order granting summary judgment to William Allen Dickey and Melvin Dickey to enforce a settlement agreement. On appeal, the Shermans argue that the trial court erred in 1 granting summary judgment to the Dickeys when the facts show that the parties did not reach an enforceable settlement agreement and 2 awarding attorney fees pursuant to OCGA § 13-6-11. Because a binding settlement agreement was reached but the trial court was without authority to award attorney fees on summary judgment, we affirm in part and reverse in part.

The record reflects that Daniel Sherman and the Dickeys were involved in a motor-vehicle accident, which resulted in Sherman suffering serious injuries and incurring significant medical expenses. The Dickeys’ vehicle was covered by an insurance policy issued by First Acceptance Insurance Company of Georgia, Inc. And on August 10, 2010, the Shermans offered to settle their claims against the Dickeys in exchange for the $25,000 policy limit covering the subject vehicle.

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