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Russell v. Sparmer

The trial court erred in finding that plaintiff's divorce claim could serve as the basis for an attorney fees award under O.C.G.A. § 9-15-14, as the claim was neither frivolous nor interposed for the purpose of delay.

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In an effort to dissolve both her domestic and business partnerships with Todd M. Sparmer, Vickey Lynn Russell filed suit against Sparmer in Hall County Superior Court, asserting claims for divorce, breach of contract, fraud, unjust enrichment, and conversion of partnership assets. The trial court granted summary judgment to Sparmer on Russell’s claim for divorce, finding that the parties were not legally married. The remainder of Russell’s claims proceeded to a bench trial, following which the trial court entered an order finding that a business partnership existed between the parties and providing for an equitable division of the parties’ joint assets. Sparmer thereafter filed a motion under OCGA § 9-15-14 seeking to recover the attorney fees he allegedly expended in defending Russell’s claim for divorce. Following a hearing, the trial court granted that motion and awarded Sparmer $39,000.65 in attorney fees. This Court subsequently granted Russell’s application for a discretionary appeal.

On appeal, Russell challenges the attorney fee award, arguing that the trial court erred in finding that her divorce claim could serve as the basis of such an award under OCGA § 9-15-14. Additionally, Russell contends that the trial court’s order awarding fees is deficient in that it fails to designate the statutory subsection under which the award was made; does not contain the requisite findings of fact and conclusions of law necessary to support such an award; and awards a lump sum without explaining how the court calculated the amount of fees awarded. For reasons explained more fully below, we find that the trial court erred in awarding Sparmer attorney fees, and we therefore reverse the trial court’s order.

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