Griffin v. State
1 Citing case
O'Leary v. Whitehall Construction
288 Ga. 790 (Ga. 2011) Cited 8 timesHolding that an award of attorney fees under OCGA § 9–15–14(b) to a party “whose motion for summary judgment was denied must be vacated except in unusual cases where the trial judge could not, at the summary judgment stage, foresee facts authorizing the grant of attorney fees.” (punctuation omitted)
Id. The appellees' post-judgment motions for fees under OCGA §§ 9-11-68 and 9-15-14 did not toll the time for the O'Learys to appeal from the March 2009 order denying their motion for new trial. See Hill v. Buttram, 255 Ga. App. 123 ( 564 SE2d 530) (2002) (motion for fees pursuant to OCGA § 9-15-14 does not toll time to appeal from final judgment). Since the O'Learys failed to timely file a notice of appeal in regard to the March 2009 order, this Court is without jurisdiction to review the propriety or substance of that order.