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Sandra S. Kempv.Charles Alexander Kemp II et al.

CourtCourt of Appeals of Georgia
Docket No.A16A0158
DecidedJune 29, 2016
Reporter321 Ga. App. 806
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureStatutory InterpretationAppellate ProcedureVacaturRemand
Case Summary

Sandra Kemp appealed an interim award of attorney fees entered in litigation involving an alleged breach of trust. The Court of Appeals considered whether Georgia trust law authorized a fee award before the underlying case had reached a final disposition. The court held that the cited trust statute did not authorize an interim award on the record presented. The statute permitted fees connected to a successful breach-of-trust claim, but the merits of that claim had not yet been resolved, and the litigation remained pending. The court therefore vacated the fee award. It remanded for the trial court to determine whether fees were authorized under the trust statute after final disposition or under a separate attorney-fee statute that could apply before the case ended. The decision did not resolve the underlying breach-of-trust allegations or decide whether any party would ultimately recover fees. The panel unanimously concurred.

Opinion

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