We granted this discretionary appeal to review the order awarding $6,732.50 in attorney fees to Brenda Lee Strickland Realty, Inc. “Strickland”, in an action filed by Note Purchase Company of Georgia, LLC “NPC”. Because the trial court did not hold a hearing and did not enter findings of conduct justifying such an award, we reverse the order and remand the case to the trial court for reconsideration of the award. The relevant facts follow. NPC filed an action against Strickland and others in the State Court of DeKalb County. That action was voluntarily dismissed and timely refiled in the State Court of Fulton County as authorized under OCGA § 9-2-61 a.1 On the date of the hearing on defendant Strickland’s motion for summary judgment, NPC moved to dismiss its lawsuit. The trial court construed NPC’s motion as an attempted second voluntary dismissal and dismissed the action with prejudice. Strickland moved for an award of attorney fees pursuant to OCGA § 9-15-14, which the trial court granted without a hearing. While the application for discretionary appeal was pending, Strickland filed a motion to attach NPC’s attorneys for contempt for failure to pay the judgment. The trial court issued an order staying its judgment during the pendency of the appeal.
1. Pursuant to OCGA § 9-15-14 b, the trial court may assess reasonable and necessary attorney’s fees and expenses of litigation in any civil action in any court of record if . . . it finds that an attorney or party brought or defended an action, or any part thereof, that lacked substantial justification or that the action, or any part thereof, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct. . . . “Lacked substantial justification” means substantially frivolous, substantially groundless, or substantially vexatious.2 A trial court’s award of fees under this Code section is discretionary, and the award will not be reversed absent an abuse of discretion.3 “When a trial court exercises its discretion to award such attorney fees and costs, however, it is incumbent upon the court to specify the conduct upon which the award is made. A judgment devoid of such findings must be vacated, and the case must be remanded for reconsideration.”4 As a basis for awarding fees, the trial court’s order in the case at bar states only that “the above-styled lawsuit lacks substantial justification.” This finding is insufficient to support the award of fees under OCGA § 9-15-14.5
