Trabuev.Hanson
After years of malpractice litigation, Keith Trabue filed a separate abusive-litigation suit against opposing attorneys David Hanson and Michael Flint, accusing them of filing repetitive post-judgment attacks to delay payment of a large verdict. Flint responded with an anti-SLAPP motion, and Hanson sought fees under OCGA ? 9-15-14; Trabue then voluntarily dismissed the abusive-litigation complaint without prejudice. The trial court still awarded fees to both attorneys, and the Court of Appeals of Georgia affirmed. It held that Flint remained the prevailing moving party under the anti-SLAPP statute even after the voluntary dismissal because the suit was legally defective when challenged, and that Hanson was entitled to fees because the abusive-litigation action was concededly premature and therefore lacked any justiciable basis. The court's reasoning emphasized that voluntary dismissal does not erase fee exposure when the suit should not have been filed in the first place.
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