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O'Neal v. Crawford Cnty., GA

The trial court erred in awarding county attorney fees it had paid directly to county coroner's attorney in connection with his declaratory judgment/mandamus action against county, because those payments were not necessary for defending or asserting county's rights as required by O.C.G.A. § 9-15-14 subsection d.

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Crawford County Coroner David Allen O’Neal filed a declaratory judgment/mandamus action against Crawford County the County. After granting summary judgment to the County, the trial court assessed attorney fees against O’Neal and his counsel pursuant to OCGA § 9-15-14 a and b, awarding the County not only its attorneys’ fees and expenses, but also requiring that O’Neal and his counsel repay the attorney fees he incurred and that were paid directly to his attorney by the County on his behalf. In this discretionary appeal, O’Neal argues that the trial court erred by requiring him to repay the County for the sums it paid to his attorney.1 For the reasons that follow, we reverse in part and affirm in part.

O’Neal is the long-time coroner for the County. The record shows that in 2013, he requested the County to increase his budget to allow for a County owned vehicle,2 nicer office accommodations as any other elected official, and home internet and phone service. The County took his requests under advisement and in April, 2014, O’Neal formally requested the County approve funding of an independent attorney as he was considering bringing a cause of action against the County. The Board of Commissioners voted to approve his request for funding of an independent attorney.3 , and paid O’Neal’s legal fees directly to his attorney.

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