KEITH TRABUE v. DAVID HANSON

CourtCourt of Appeals of Georgia
DecidedOctober 28, 2025
DocketA25A0847
StatusPublished

This text of KEITH TRABUE v. DAVID HANSON (KEITH TRABUE v. DAVID HANSON) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
KEITH TRABUE v. DAVID HANSON, (Ga. Ct. App. 2025).

Opinion

THIRD DIVISION DOYLE, P. J., MARKLE and PADGETT, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

October 28, 2025

In the Court of Appeals of Georgia A25A0847. TRABUE et al. v. HANSON et al.

MARKLE, Judge.

Keith Trabue appeals from the trial court’s order granting attorney fees to

David Hanson under OCGA § 9-15-14, and to Michael Flint under OCGA § 9-11-11.1.

For the reasons that follow, we affirm.1

1 Hanson’s motion to dismiss the appeal is denied. See OCGA 5-6-34 (a) (13) (judgments entered under OCGA 9-11-11.1 are directly appealable); 5-6-34 (d) (“Where an appeal is taken under any provision of subsection (a), (b), or (c) of this Code section, all judgments, rulings, or orders rendered in the case which are raised on appeal and which may affect the proceedings below shall be reviewed and determined by the appellate court, without regard to the appealability of the judgment, ruling, or order standing alone[.]”); Hallman v. Emory Univ., 225 Ga. App. 247, 249-250 (483 SE2d 362) (1997) (“To award attorney fees under OCGA § 9-15-14 (a) requires the same findings as under [the abusive litigation statute], so that there exists an appeal which otherwise would be discretionary under OCGA § 9-15-14, but may be reviewed on direct appeal, when it is appealed as part of a judgment directly appealable.”) (citation and punctuation omitted). This appeal involves the on-going medical malpractice dispute between Keith

Trabue and Atlanta Women’s Specialists and one of its doctors (collectively, “the

defendants”), arising from the catastrophic brain injury Trabue’s wife, Shannon

Marie Trabue, suffered a few days after giving birth. Following a trial, the jury

awarded Trabue $46 million. Trabue v. Atlanta Women’s Specialists, 349 Ga. App. 223

(825 SE2d 586) (2019) (“Trabue I”). The defendants moved for a new trial, which the

trial court granted in part.2 See id. On appeal, we affirmed in part, reversed in part,

vacated in part, and remanded the case to the trial court, to consider the claim for fees.

Id. at 232 (3). Our Supreme Court granted certiorari and affirmed. Atlanta Women’s

Specialists v. Trabue, 310 Ga. 331 (850 SE2d 748) (2020) (“Trabue II”). On remand

to the trial court, Flint and Hanson, as the attorneys for the defendants, moved to set

aside the judgment. And, before the trial court ruled on that motion, they filed another

appeal. We affirmed on the ground that the issues raised should have been raised in

the prior appeal. See Atlanta Women’s Specialists v. Trabue, 362 Ga. App. XXVI (2021)

(“Trabue III”). The Supreme Court of Georgia denied review (“Trabue IV”).

2 For a more detailed procedural history, see Trabue I, 349 Ga. App. at 224-227. We refer to the prior cases here only so far as they explain the current appeal. 2 Thereafter, Trabue filed an abusive litigation complaint under OCGA § 51-7-81

against Flint and Hanson, asserting that the repeated attempts to overturn the jury’s

verdict in the medical malpractice case, and the filing of multiple appeals, were

frivolous delay tactics designed to avoid payment of the judgment in Trabue I and were

made to harass and intimidate Trabue. Notably, at the time Trabue filed the abusive

litigation suit, the issue of attorney fees from Trabue I remained pending in the trial

court.3

Flint moved to strike the abusive litigation complaint under OCGA § 9-11-11.1,

arguing that he had engaged in protected activity by filing the second appeal and

motion to set aside the verdict, and that Trabue could not prevail on his claim because

the abusive litigation suit was time-barred. He also requested attorney fees under

OCGA § 9-11-11.1 (b.1). The following day, Trabue voluntarily dismissed the

complaint without prejudice because it was premature, as the underlying medical

malpractice litigation that triggered the abusive litigation suit remained pending. See

3 At some point after Trabue IV, the trial court denied the pending motion to set aside. We dismissed the appeal from that order. See Atlanta Women’s Specialists v. Trabue, Case No. A24A1112. In January 2025, the trial court awarded attorney fees in the underlying medical malpractice case. An appeal from that order is pending before this Court in Case No. A25A1265. 3 Hallman v. Emory Univ., 225 Ga. App. 247, 250 (1) (483 SE2d 362) (1997) (physical

precedent only) (“As an essential condition precedent to having a cause of action

under [the abusive litigation statute], there must be a ‘final termination of the

proceeding[.]’”); see also OCGA § 51-7-84 (b).

Thereafter, Flint renewed his motion for attorney fees, arguing that the

voluntary dismissal of the abusive litigation complaint did not bar an award of fees

under OCGA § 9-11-11.1 even if his motion to strike was then moot. Hanson

separately moved for attorney fees under OCGA § 9-15-14, asserting that counsel in

the underlying action told him that they filed suit to put pressure on one of the

insurance companies to settle. In response, Trabue argued that Flint and Hanson were

not entitled to fees because neither one was a “prevailing party” under the fee

statutes, and Hanson had not submitted any evidence of his fees. Flint then submitted

invoices of his fees, and Hanson submitted an affidavit regarding his hourly rate and

the number of hours involved.

In an e-mail, the trial court informed the parties that it intended to award fees

to Flint and Hanson. Following a hearing, at which both Flint and Hanson testified to

their hours and fees, the trial court awarded Flint $43,092.72, finding the award was

4 mandatory because Flint was the “prevailing party.” The trial court also awarded

Hanson a total of $66,000 in fees under OCGA § 9-15-14 (a) and (b) because there

was no dispute that the abusive litigation suit was untimely, and the suit was filed with

the intent to harass the attorneys and coerce a settlement. Trabue now appeals from

both awards.

“As a general rule, Georgia law does not provide for the award of attorney fees

even to a prevailing party unless authorized by statute or by contract. When awarded

by statute, such fees may be obtained only pursuant to the statute under which the

action was brought and decided.” (Citations omitted.) Suarez v. Halbert, 246 Ga. App.

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