SEARCH

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.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Senior Deputy District Counsel / Principal Deputy District Counsel

ABOUT THIS RECRUITMENTOur attorneys face some of the most challenging, cutting-edge legal issues in the environmental field. As such, we ar...

Apply Now ›

SENIOR VICE PRESIDENT FOR LEGAL AFFAIRS AND GENERAL COUNSEL

Hofstra University enrolls over 6,000 undergraduate students and nearly 4,000 graduate students in 13 schools, which feature a variety of de...

Apply Now ›

IP ASSOCIATE, PATENT AGENT, TECHNICAL SPECIALIST (Patent Prosecution) (multiple locations)

McCarter & English, LLP is actively seeking a patent associate, patent agent, or technical specialist for its Intellectual Property Prac...

Apply Now ›