Protecting Attorney’s Fees Awards from Appeal

Georgia courts cannot award attorney’s fees to a party unless specifically authorized to do so by statute or contract. This is the “American Rule” that probably every litigating attorney knows. But some may not know that, to withstand appeal, fees … Continued

Can We Improve Georgia’s Enumeration of Errors Requirement?

Georgia Code Section 5-6-40 requires an appellant to file an enumeration of errors. In recent years, Georgia appeals courts have construed this requirement about as loosely as possible. An appellant can proceed without filing an enumeration at all; last week, … Continued

Effect of Bankruptcy Stay on a Pending Georgia Appeal

On August 26, the Georgia Court of Appeals remanded Boardman v. Brenninkmeijer, A14A1000, to be stayed due to the appellant’s filing of a bankruptcy petition. In doing so, the court overruled earlier cases allowing appeals to proceed, despite a bankruptcy … Continued