Buchan v. Hobby

Blackburn, Presiding Judge.

In this personal injury action, plaintiff Dianne Buchan appeals the trial court’s order granting defendants John and David Hobby’s motion for entry of judgment for attorney fees pursuant to the offer of settlement statute 1 and denying, on procedural grounds, Buchan’s motion to hold the statute unconstitutional. For the reasons set forth below, we reverse the trial court’s order and remand the case for further consideration.

The undisputed record shows that on June 20,2005, Buchan filed a complaint against the Hobbys for damages arising out of personal injuries she…