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Cohen v. The Alfred and Adele Davis Academy Inc.

The trial court did not err by failing to make written findings of fact and conclusions of law in support of an award of attorneys' fees because written findings are not generally required under the offer of settlement statute.

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Allyson Cohen appeals the trial court’s order awarding attorney fees to The Alfred and Adele Davis Academy, Inc. “the Academy”, pursuant to OCGA § 9-11-68, Georgia’s offer of settlement statute.1 We affirm, for reasons that follow. Cohen filed suit against the Academy and Steven Ballaban,2 individually and as headmaster of the Academy, on April 14, 2006, alleging slander. Cohen filed several amended complaints thereafter, asserting various additional claims including tortious interference, fraud, misrepresentation, undue influence, RICO, and intentional infliction of emotional distress.3 Four months after Cohen filed her initial complaint, the Academy made an offer of settlement in the amount of $750, pursuant to OCGA § 9-11-68 a; Cohen did not respond to the offer. Thereafter, the defendants filed a motion for summary judgment, which the trial court granted. Cohen appealed the summary judgment order, but she later dismissed that appeal.

Following the entry of judgment in favor of the defendants, the Academy filed a motion for attorney fees and litigation expenses pursuant to OCGA § 9-11-68. Cohen filed a response to the motion, arguing that the Academy’s motion was not made in good faith. She did not, however, contend that the attorney fees and litigation expenses were not incurred or that they

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