Hagemann v. Berkman Wynhaven Associates, L.P.

660 S.E.2d 449 (2008)

HAGEMANN

v.

BERKMAN WYNHAVEN ASSOCIATES, L.P.

No. A07A2316.

Court of Appeals of Georgia.

March 28, 2008.

Jenkins & Olson, Peter R. Olson, Cartersville, for appellant.

Smith, Curry & Hancock, Philip E. Beck, Helen H. Pope, Atlanta, for appellee.

BERNES, Judge.

Bill Hagemann appeals from the trial court's denial of his motion for attorney fees under OCGA § 9-11-11.1 in his dispute with Berkman Wynhaven Associates, L.P. ("Wynhaven"), following Wynhaven's voluntary dismissal of its lawsuit. For the reasons that follow, we find that the trial court abused its discretion in failing to…