Charlie Bridges v. Akshay Gupta

• Court: Court of Appeals of Georgia
• Decided: March 31, 2025
• Docket: A25D0301
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 31, 2025

The Court of Appeals hereby passes the following order:

A25D0301. CHARLIE BRIDGES v. AKSHAY GUPTA et al.

Following a defense verdict in this medical malpractice case, the trial court ordered attorney Ronny E. Jones to pay $123,740.62 in attorney fees to defendants Akshay Gupta, M.D., and Atlanta Heart Associates, P.C.1 The award was made under both OCGA § 9-15-14 (b) and OCGA § 9-11-37. Jones filed this application for discretionary appeal from the trial court’s ruling. Although an appeal from an award of OCGA § 9-15-14 attorney fees generally requires a discretionary application, see OCGA § 5-6-35 (a) (1), a direct appeal is permitted when the award is appealed in connection with other matters that are directly appealable. See Stancil v. Gwinnett County, 259 Ga. 507, 508 (384 SE2d 666) (1989); see also Mitcham v. Blalock, 268 Ga. 644, 646-647 (4) (491 SE2d 782) (1997). A final award of attorney fees under OCGA § 9-11-37 is directly appealable. Hart v. Redmond Regional Med. Center, 300 Ga. App. 641, 642 n.6 (686 SE2d 130) (2009). Accordingly, the award in this case — made under both § 9-15-14 and § 9-11-37 — is subject to direct appeal. See id. We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Jones shall have ten days from the date of this order to file a notice of appeal with the trial court. If he has already filed a notice of appeal, he need

1 The order found the defendants were entitled to $247,481.24 in attorney fees, but it ordered payment of $123,740.62 within sixty days. not file a second notice. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/31/2025 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.