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Evers v. Evers

Since the trial court declined to award attorneys' fees to either party, it was not required to hold an oral hearing or make findings of fact and conclusions of law.

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Barbara Evers sued Michael Evers for divorce. When the case settled, Michael moved for attorney fees under OCGA § 9-15-14. Finding improper conduct on both sides, the trial court denied the motion. We granted husband’s application for a discretionary appeal and posed this question: Whether the trial court erred in failing to hold an oral hearing on husband’s motion for attorney fees under OCGA § 9-15-14 1. Generally, unless ordered by the court, motions are decided without oral argument. Uniform Superior Court Rule 6.3. Exceptions are made, however, for motions for new trial, motions for judgment notwithstanding the verdict, and motions for summary judgment.1 Id.

A hearing is required in order to enter an award of attorney fees. Green v. McCart , 273 Ga. 862, 863 1 548 SE2d 303 2001. That is because an oral hearing gives the party opposing attorney fees an opportunity to confront and challenge testimony with regard to the need for, and value of, legal services. See Sawyer v. Sawyer , 253 Ga. App. 619, 620 560 SE2d 86 2002; C. A. Gaslowitz & Assoc. v. ZML Promenade , 230 Ga. App. 405, 406 496 SE2d 470 1998. But this rationale does not apply unless attorney fees are to be awarded. If attorney fees are not to be awarded, a party has no right to oral argument. McKeen v. McKeen , 224 Ga. App. 410, 411 2 481 SE2d 236 1997. It follows that the trial court did not err in failing to have an oral hearing on the motion for attorney fees.

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