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Gilchrist v. Gilchrist

The trial court erred in awarding attorney's fees without supporting the award with the requisite findings.

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In this discretionary appeal, Addrenna Gilchrist appeals, pro se, from the trial court’s award of attorney fees to her ex-husband, DeJuan Gilchrist, pursuant to OCGA § 9-15-14. Ms. Gilchrist contends, in part, that the trial court’s award should be vacated because the trial court failed to make findings of fact and conclusions of law supporting the award in its written order. We agree. Ms. Gilchrist 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. Bailey v. McNealy , 277 Ga. App. 848, 849 1 627 SE2d 893 2006. “A judgment devoid of these findings must be vacated and the case must be remanded for reconsideration.” Citations and punctuation omitted. Id. 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. Cit.” Justice v. Musselman , 214 Ga. App. 762, 763 450 SE2d 460 1994.

We find no merit in Mr. Gilchrist’s assertion that the trial court was not obligated to make findings of fact and conclusions of law in the absence of a request under OCGA § 9-11-52 a, because our Supreme Court has made it clear that “it is incumbent upon the court to specify the conduct upon which the award is made. Cits.” McKemie v. City of Griffin , 272 Ga. 843, 844-845 4 537 SE2d 66 2000.

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