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Hart v. Redmond Reg'l Med. Ctr.

O.C.G.A. § 9-15-14 e allows for a party to move for attorneys' fees up to 45 days ' "after the final disposition of the action." '

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Larry Eugene Hart appeals from the trial court’s order requiring him to pay attorney fees to Redmond Park Hospital, LLC d/b/a Redmond Regional Medical Center and Amanda Edmondson, RN “appellees” for discovery violations and his failure to comply with a trial court order compelling discovery.1 Hart argues that the trial court lacked jurisdiction to issue the order following his voluntary dismissal of the underlying lawsuit and that the award is contrary to the legislative intent authorizing voluntary dismissal.2 We disagree and affirm. On May 6, 2008, Hart filed suit against appellees alleging various torts and seeking monetary damages. Appellees answered Hart’s complaint and served him with written discovery. When Hart failed to provide the answers to discoverable information requested in interrogatories and deposition questioning —including such questions as the names of his children and former wives —appellees filed a motion to compel. Following a hearing on the motion, the trial court ordered Hart to comply with various discovery requests and further ordered that Hart pay appellees’ attorney fees.

Hart failed to comply with the trial court’s order. Consequently, appellees filed a motion to dismiss Hart’s complaint as a sanction and sought additional attorney fees. The trial court scheduled a hearing to be conducted on appellees’ motion on December 18, 2008. Ten days prior to the hearing, Hart voluntarily dismissed his lawsuit without prejudice pursuant to OCGA § 9-11-41 a.3

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