Nugent et al. v. A1 American Refrigeration, LLC

Reese, Judge.Dorothy Nugent appeals the award of attorney fees against her, and the denial of her motion for attorney fees, in relation to a lawsuit filed against her. For the reasons set forth infra, we affirm.   The salient facts are as follows. On September 25, 2015, A1 American Refrigeration, LLC (“A1″) filed suit against Nugent and Wells Fargo Bank, N.A.,^[1] claiming, conversion, money had and received, fraud, negligence, breach of fiduciary duty, negligent misrepresentation, and seeking attorney fees, costs and litigation expenses, and punitive damages. Nugent filed an answer, denying A1′s claims. In November 2015, Nugent sent A1 a letter, pursuant to OCGA § 51-7-84 (a),^[2] seeking dismissal of the lawsuit against her. A1 responded to Nugent in December 2015, declining to dismiss the lawsuit and stating “[u]nless and until [Nugent] presents evidence which definitively establishes that A1′s claims against her lack merit, there is no obligation to withdraw or dismiss said claims.” In April 2016, A1 filed an amended complaint, adding a claim for prejudgment interest.The parties engaged in discovery,^[3] and, on September 30, 2016, A1 dismissed its lawsuit without prejudice. On November 14, 2016, Nugent filed a motion for attorney fees and expenses. A1 opposed the motion and filed a cross-motion for attorney fees and expenses.   After a hearing, the trial court denied Nugent’s motion and granted A1′s motion for attorney fees and expenses in the amount of $8,250 under OCGA § 9-15-14 (a) and (b).^[4] Nugent filed a motion for reconsideration, which the trial court denied. We granted discretionary review.   Subsection (a) of OCGA § 9-15-14 requires an award of attorney fees when a party asserts “a claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position.” Subsection (b), among other things, gives discretion to a trial court to award attorney fees when a party brings or defends an action “that lacked substantial justification.”^[5]