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Rowan v. Reuss

Although the evidence supported the award of attorneys' fees against the defendant's attorney, the award could not stand because the attorney was not given an adequate hearing on the subject of the fees awarded.

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R. Darryl Rowan, as attorney of record for Charles Michael Reuss, appeals the trial court’s order which assessed attorney fees against Reuss and Rowan in the underlying action for paternity and child support.1 Rowan contends that the trial court erred in awarding attorney fees against him without a hearing and that no admissible evidence of attorney fees was presented. The trial court’s sua sponte decision to award attorney fees against the defendant and his attorney directly was based upon their violation of OCGA § 9-15-14 b, therefore, we review the order for an abuse of discretion. See C. A. Gaslowitz & Assoc. v. ZML Promenade.2

1. The issue of attorney fees was raised during closing arguments of the hearing on the amount of child support. The evidence introduced at the hearing amply supports a conclusion that Reuss and Rowan were less than forthcoming with discoverable information concerning Reuss’ finances and income. The plaintiff’s attorney informed the trial court that he would be seeking attorney fees due to the behavior of Reuss and Rowan. Upon inquiry from the trial court as to whether the plaintiff’s attorney was submitting his attorney bills, the bills were introduced without objection. Although Rowan was given an opportunity to respond to the attorney fee issue, during his response the following colloquy took place:

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