Legal Opinion · Dissent

Richardson v. Locklyn

Court of Appeals of Georgia

Decided November 15, 2016No. A16A0978Published

1DissentBarnes, Presiding Judge

I respectfully dissent from the majority’s opinion holding that the trial court was required to conduct a hearing before denying attorney fees to Richardson under the good faith provision of the offer of settlement statute, OCGA § 9-11-68 (d) (2). The hearing issue was not raised by Richardson on appeal and thus has been abandoned, and even if it had not been abandoned, the statutory language and Supreme Court precedent make clear that a hearing is not required. Furthermore, because the record did not demand a factual finding by the trial court that Richardson’s offer of settlement was…

2Cases cited8 opinions

  1. Clark v. PerinoCourt of Appeals of Georgia · 1998
  2. Undercofler v. Colonial Pipeline Co.Court of Appeals of Georgia · 1966
  3. Deutsche Bank National Trust Co. v. JP Morgan Chase Bank, N.A.Court of Appeals of Georgia · 2010
  4. Koules v. Sp5 Atlantic Retail Ventures, LLC.Court of Appeals of Georgia · 2014
  5. Evers v. EversSupreme Court of Georgia · 2003

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