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Margaret E. Butlerv.Jenai B. Lee

CourtCourt of Appeals of Georgia
Docket No.A15A1937
DecidedMarch 9, 2016
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawChild CustodyStatutory InterpretationCivil ProcedureDamagesVacaturRemand
Case Summary

Margaret Butler challenged a $25,000 attorney-fee award entered against her in a child-custody and support proceeding under OCGA § 9-15-14. The Court of Appeals of Georgia held that Butler had sufficient notice that the trial court was considering an award under the statute. But the trial court erred by imposing an unapportioned lump sum without identifying the fees attributable to sanctionable conduct or explaining why the particular amount was justified. The appellate court vacated the fee order and remanded with directions to identify the basis for the award. The trial court could hold a hearing for supplemental evidence or make the required determination from the existing record.

Opinion

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Margaret E. Butler v. Jenai B. Lee — The Atlanta Gleaner