Steve Bishop v. Michael W. Goins
Steve Bishop v. Michael W. Goins
Opinion
In 2015, Steve and Jodi Bishop appealed from stalking protective orders that the Superior Court of Jasper County entered on petitions filed by their neighbors, Bernie and Michael Goins and Jana and Keith Powell (collectively, "the petitioners"). This Court consolidated the cases and affirmed the orders in an unpublished decision. 1 The petitioners then filed motions for costs and attorney fees incurred in the appellate proceedings. The trial court granted the petitioners' motions for costs and attorney fees. This Court granted the Bishops' applications for discretionary appeal of the attorney fee awards to consider whether OCGA § 16-5-94 (d) (3) authorizes such awards in connection with appellate proceedings. Finding that it does, as explained below, we affirm.
As explained in detail in our September 8, 2016 decision, the record shows that the Bishops had contentious relationships with the petitioners, who lived on the same street in Monticello as the Bishops. The petitioners, acting pro se, obtained twelve-month stalking protective orders against the Bishops in 2014. 2 The Bishops did not appeal from those orders.
*282 One year later, the petitioners moved for a three-year extension of the protective orders. At a hearing, the petitioners presented evidence to show that both Steve and Jodi Bishop violated the twelve-month orders during the time that they were in effect. The trial court entered three-year protective orders against the Bishops on November 10, 2015. After the Bishops filed notices of appeal from those orders, the petitioners hired attorney Hays McQueen to handle the appeals.
This Court concluded that the petitioners had presented reasonable evidence that the Bishops engaged in continued stalking after the entry of the twelve-month protective orders and, therefore, that the trial court did not abuse its discretion in extending the orders for three years under OCGA § 16-5-94 (d). After this Court affirmed the orders, the petitioners filed motions for costs and attorney fees under OCGA § 16-5-94 (d) (3). The motions expressly sought to recoup attorney fees expended when the cases were on appeal to this Court. The trial court granted the motions, awarding the Goinses $4,907.06 in attorney fees against Steve Bishop and awarding the Powells $4,873.90 against both Jodi and Steve Bishop.
1. The Bishops contend that the trial court erred in failing to grant their motion to dismiss the petitioners' motions for costs and attorney fees. This Court affirmed the stalking protective orders on September 8, 2016; the Powells filed their motion for costs and attorney fees in the trial court on October 3, and the Goinses filed their motion on October 5, 2016; the clerk of the trial court filed the remittiturs from this Court on October 17, 2016. The Bishops argue that, because the petitioners filed their motions for costs and attorney fees before the filing of the remittiturs, the motions were not properly before the trial court "and any proceedings relative thereto were a nullity."
When a case is remanded from an appellate court to the trial court, the trial court reacquires jurisdiction of a case on the date that its clerk files the remittitur of the appellate court.
Marsh v. Way
,
Here, the trial court entered its ruling on the petitioners' motions for costs and attorney fees on May 12, 2017, after it was re-invested with jurisdiction by the filing of the remittitur. The Bishops' argument lacks merit.
2. The Bishops contend that OCGA § 16-5-94 (d) (3) does not authorize the award of costs and attorney fees incurred in connection with a litigant's exercise of the right to directly appeal the granting of a stalking protective order. We review a trial court's decision whether to award attorney
*283
fees for an abuse of discretion.
Odum v. Russell
,
"As a general rule, Georgia law does not provide for the award of attorney fees even to a prevailing party unless authorized by statute or by contract."
Suarez v.Halbert
,
When we interpret any statute, we necessarily begin our analysis with familiar and binding canons of construction. In considering the meaning of a statute, our charge as an appellate court is to presume that the General Assembly meant what it said and said what it meant. Toward that end, we must afford the statutory text its plain and ordinary meaning, consider the text contextually, read the text in its most natural and reasonable way, as an ordinary speaker of the English language would, and seek to avoid a construction that makes some language mere surplusage. And when the language of a statute is plain and susceptible to only one natural and reasonable construction, courts must construe the statute accordingly. Finally, because any statute that provides for the award of attorney fees is in derogation of common law, it must be strictly construed against the award of such damages.
(Punctuation and citations omitted.)
Kemp v. Kemp
,
Our appellate courts have held that some attorney fee statutes authorize an award of appellate attorney fees and that other statutes do not. We have held that "neither OCGA § 9-15-14 (b) nor OCGA § 13-6-11 authorizes a trial court to award expenses of litigation for proceedings before the appellate courts, because these statutes base the award of litigation expenses upon conduct that occurred at the trial court level." (Citation and punctuation omitted.)
Springside Condo. Assn. Inc. v. Harpagon Co. LLC
,
*284
In some statutes, on the other hand, the General Assembly expressly included fees for legal services incurred during an appeal.
5
The Supreme Court of Georgia has interpreted a statute that gives the trial court the discretion to award fees "at any time" during a case to include an award of appellate attorney fees.
6
A party can even recover attorney fees incurred on appeal when attorney fees in general are statutorily authorized.
Evans County Bd. of Commrs. v. Claxton Enter.
,
"to a court of any level," and inferred that the recovery of fees was not intended to apply to litigation only in the trial court.
Similarly, in this case, nothing in the fee provision at issue expressly limits recovery of attorney fees to those incurred in trial court litigation. And we conclude that making appellate fees compensable would further the purpose of the Act, which is to deter harassing and intimidating behavior and to protect victims from harm, by enabling a stalking victim to defend a protective order on appeal. 9 For these reasons, we conclude that the trial court did not abuse its discretion in awarding costs and attorney fees incurred by the petitioners on appeal. 10
Judgments affirmed.
Andrews and Rickman, JJ., concur.
Bishop v. Goins , 338 Ga. App. XXIV (Case Nos. A16A0895, A16A0896) (September 8, 2016) (unpublished); Bishop v. Powell, 338 Ga. App. XXIV (Case No. A16A0897) (September 8, 2016) (unpublished).
See OCGA § 16-5-94 (d) ("The [trial] court may grant a protective order or approve a consent agreement to bring about a cessation of conduct constituting stalking...").
A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person....
OCGA § 16-5-90 (a) (1). The statute further provides:
[T]he term "harassing and intimidating" means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose....
See also
Hagan v. Robert & Co. Assocs
.,
See
In re Estate of Zeigler
,
See
Yates Paving & Grading Co. v. Bryan County
,
Kautter v. Kautter
, 286 Ga. at 19-20 (4) (c),
See OCGA § 50-14-5 (b) (In any action brought to enforce the provisions of the Open Meetings Act, "in which the court determines that an agency acted without substantial justification in not complying with [the Act], the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought.").
See also
Springside Condo. Assn. Inc. v. Harpagon Co. LLC
,
See n. 2, supra.
We note that the Bishops challenged only the trial court's authority to award appellate attorney fees; they did not challenge as unreasonable the specific amounts awarded.
Reference
- Full Case Name
- BISHOP v. GOINS Et Al. Bishop Et Al. v. Powell Et Al.
- Cited By
- 4 cases
- Status
- Published