Bishop v. Goins
Bishop v. Goins
Opinion of the Court
In Bishop v. Goins,
As the parties acknowledged at oral argument, neither the facts nor the procedural posture of this case are in question. After the Superior Court of Jasper County issued protective orders against Steven and Jodi Bishop in favor of their neighbors, Bernie and Michael Goins and Jana and Keith Powell ("the Neighbors"), the Bishops appealed. The Court of Appeals affirmed the orders in an unpublished decision. The Neighbors then moved the trial court for costs and attorney fees incurred as a result of the appellate proceedings, asserting that such an award was permissible under OCGA § 16-5-94 (d) (3). The trial court granted the motions, over the Bishops' objections, 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.
The Bishops sought relief in the Court of Appeals, continuing their argument that OCGA § 16-5-94 (d) (3) does not authorize an award of costs and attorney fees in connection with appellate proceedings.
As we now consider the text of the relevant statutory provision, we are mindful that we must
presume that the General Assembly meant what it said and said what it meant. To that end, we must afford the statutory text its "plain and ordinary meaning," we must view the statutory text in the context in which it appears, and we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would.
(Citations and punctuation omitted.) Deal v. Coleman,
Turning to the question of attorney fees, we recognize that, "[g]enerally, an award of attorney fees in Georgia must be authorized by statute or contract." Robinson v. Williams,
The court may grant a protective order or approve a consent agreement to bring about a cessation of conduct constituting stalking. Orders or agreements may:
(1) Direct a party to refrain from such conduct;
(2) Order a party to refrain from harassing or interfering with the other;
(3) Award costs and attorney's fees to either party; and
(4) Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of stalking.
This statutory authorization for attorney fees is in derogation of common law, see *371Hudson v. Abercrombie,
OCGA § 16-5-94 (d) is composed of two sentences. The first sentence authorizes a trial court to grant "a protective order or approve a consent agreement" to bring about an end to conduct constituting stalking.
Thus, properly construed, OCGA § 16-5-94 (d) authorizes an award of costs and fees relating to the grant of a protective order (or approval of a consent agreement) designed to end conduct constituting stalking and that is included as part of the actual order or agreement entered at the trial court level. As such, we can conclude that the statute does not authorize independent awards for costs and attorney fees or awards for appellate proceedings occurring subsequent to the entry of the order.
Judgment reversed.
All the Justices concur, except Warren, J., who concurs in judgment only. Ellington, J., disqualified.
There were no awards of costs and attorney fees in the original orders.
As the Court of Appeals noted, the Bishops' sole challenge on appeal was whether the award was authorized by statute, not whether the award was reasonable. See Bishop v. Goins,
Of course, there are other remedies for frivolous appeals. See Supreme Court Rule 6 ; Court of Appeals Rule 7 (c) (2).
Reference
- Full Case Name
- BISHOP v. GOINS Bishop v. Powell
- Cited By
- 9 cases
- Status
- Published