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Williams v. Warren

No evidence supported the trial court's award of attorneys' fees to the plaintiff under O.C.G.A. § 9-15-14.

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The complaint in this intrafamily lawsuit prayed for cancellation of a deed from a mother to her three adult children. It alleged fraud, undue influence, inadequate consideration, as well as improper recordation. It alleged, in short, that defendants Carolyn Williams and Helen Malone, the grantor’s daughters, do not love their mother and that, in the vulnerability of her old age, it was up to her son, plaintiff Victor Warren, to protect her from them. The daughters answered, denying the material allegations of their brother’s complaint.

The case settled during trial, but the settlement agreement left open the issue of attorney fees. Tracking the language of OCGA § 9-15-14 a, the trial court found that the son was entitled to attorney fees and awarded him $38,303.31. We conclude that no evidence supports the trial court’s findings and therefore reverse.

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