Wayne D. Reid, Iiv.Ginger B. Reid
After a lengthy divorce proceeding and a twenty-day bench trial, the court awarded Ginger Reid more than seven hundred thousand dollars in attorney fees under two Georgia statutes. Wayne Reid challenged both awards, arguing that the court had not identified sanctionable conduct or evidence supporting the amount. The Court of Appeals affirmed the fee award based on the parties’ financial circumstances and affirmed liability under the sanctions statute, but vacated the amount awarded under that statute and remanded. A court may find that a party’s positions lacked substantial justification, but it must identify the fees attributable to that conduct rather than award an undifferentiated total. The court also held that settlement offers could be considered in deciding whether litigation had been unnecessarily expanded. The fee award tied to support and financial disparity therefore remained, while the sanction-related amount required a more specific determination.
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