Home/Supreme Court of Georgia/Betallic, Inc. v. Deavours

Betallic, Inc. v. Deavours

439 S.E.2d 643, 263 Ga. 796
Supreme Court of Georgia·Decided January 24, 1994·No. S93G0910·Published·Cited by 18 cases

Opinions

Sears-Collins, Justice.

We agree with the Court of Appeals’ conclusion in this case and with that court’s construction of OCGA § 9-15-14, except that part where the court finds that a claim for litigation costs and attorney [797]*797fees assessed for frivolous actions and defenses is available only to a “prevailing party.” Deavours v. Hog Mtn. Creations, 207 Ga. App. 557 (428 SE2d 388) (1993). OCGA § 9-15-14 does not limit recovery to a certain party, but permits any party to recover from another party who has “unnecessarily expanded the proceeding by . . . improper conduct, including, but not limited to, abuses of discovery.” OCGA § 9-15-14 (b).

Judgment affirmed.

Clarke, C. J., Hunt, P. J., Fletcher and Sears-Collins, JJ., concur; Benham, J., concurs in the judgment only; Hunstein, J., and Judge William H. Ison dissent. Carley, J., disqualified.

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Betallic, Inc. v. Deavours, 439 S.E.2d 643, 263 Ga. 796 (Ga. 1994).

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Betallic, Inc. v. Deavours
439 S.E.2d 643 (Supreme Court of Georgia, 1994)