Moore v. Moore

The trial court erred in failing to hold a hearing to determine the amount of reasonable and necessary attorneys' fees and in omitting the required written findings of fact and conclusions of law to support the fee award.

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In this discretionary appeal, Philip Moore appeals from the trial court’s award of attorney fees to William Charles Moore, pursuant to OCGA § 9-15-14.1 Appellant contends, in part, that the trial court’s award should be vacated because the trial court failed to hold a hearing or to make findings of fact and conclusions of law supporting the award in its written order. We agree. 1. As appellant asserts, it is “black letter law” that a hearing is required to enter an award of attorney fees. “In order for an award under OCGA § 9-15-14 b to be valid, the trial court must conduct an evidentiary hearing to determine the amount of reasonable and necessary attorney fees, and the failure to do so is reversible error.” Citations, punctuation, and footnote omitted. Slone v. Myers , 288 Ga. App. 8, 12 3 653 SE2d 323 2007. The trial court’s judgment must be vacated, “and the matter remanded for an evidentiary hearing regarding whether the defendant was entitled to an award under OCGA § 9-15-14b based on the plaintiff’s misconduct, and if so, the amount of the award.” Citations and footnote omitted. Honkan v. Honkan , 283 Ga. App. 522, 523 1 642 SE2d 154 2007.

2. Appellant also correctly asserts that a trial court is required to make express findings of fact and conclusions of law as to the statutory basis for an award of attorney fees under OCGA § 9-15-14. “A judgment devoid of these findings must be vacated and the case must be remanded for reconsideration. As the trial court’s order omitted these mandatory findings, we must remand this case with direction that the trial court either include in its order findings of the conduct that authorized the award or vacate its order.” Citations and punctuation omitted. Gilchrist v. Gilchrist , 287 Ga. App. 133, 133-134 1 650 SE2d 795 2007.

Moore v. Moore

The trial court erred in failing to hold a hearing to determine the amount of reasonable and necessary attorneys' fees and in omitting the required written findings of fact and conclusions of law to support the fee award.

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