Measure of Damages

1. Law
2. Georgia Code
3. Torts
4. False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation
5. Abusive Litigation
6. Measure of Damages

1. A plaintiff who prevails in an action under this article shall be entitled to all damages allowed by law as proven by the evidence, including costs and expenses of litigation and reasonable attorney's fees.
2. If the abusive litigation is in a civil proceeding of a court of record and no damages other than costs and expenses of litigation and reasonable attorney's fees are claimed, the procedures provided in Code Section 9-15-14 shall be utilized instead.
3. No motion filed under Code Section 9-15-14 shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable attorney's fees. Any ruling under Code Section 9-15-14 is conclusive as to the issues resolved therein.

(Code 1981, §51-7-83, enacted by Ga. L. 1989, p. 408, § 2.)

Law reviews.

- For article, "Of Frivolous Litigation and Runaway Juries: A View from the Bench," see 41 Ga. L. Rev. 431 (2007).

JUDICIAL DECISIONS

Punitive damages generally may be recovered in an abusive litigation lawsuit (as long as the lawsuit is not solely to recover damages for injury to peace, happiness, or feelings) because the text of O.C.G.A. § 51-7-83 indicates that punitive damages are included, the statute did not change the common law generally allowing punitive damages in abusive litigation cases, and punitive damages in abusive litigation cases do not always constitute an impermissible double recovery. Coen v. Aptean, Inc., 307 Ga. 826, 838 S.E.2d 860 (2020).

Litigation expenses and attorney fees cannot be awarded until the claimant has prevailed on the claimant's underlying abusive litigation claim. Williams v. Clark-Atlanta Univ., Inc., 200 Ga. App. 51, 406 S.E.2d 559 (1991).

Appellate review of attorney fees.

- An award of attorney fees under both subsections (a) and (b) of O.C.G.A. § 9-15-14 was reviewable on direct appeal along with a judgment under O.C.G.A. § 51-7-83. Hallman v. Emory Univ., 225 Ga. App. 247, 483 S.E.2d 362 (1997).

Attorney's fees denied.

- Creditor's motion to amend the creditor's claim for sanctions against the debtor under O.C.G.A. § 9-15-14 to state a claim under O.C.G.A. § 51-7-81 was denied as the amendment was untimely and inequitable, and resolution of the claim under the former section was conclusive. In re Fowler, Bankr. (Bankr. N.D. Ga. July 10, 2006).

Attorney's fees improper before underlying suit terminated.

- Trial court erred in charging a jury on attorney's fees under O.C.G.A. § 51-7-81 because a claim under § 51-7-81 could not be brought as a counterclaim and was premature. The jury awarded fees against both the buyers and buyers' counsel, which was only permitted under § 51-7-81 and not under O.C.G.A. § 13-6-11; because the jury may have based the jury's award on an improper theory, a new trial on attorney's fees was required. Goldsmith v. Peterson, 307 Ga. App. 26, 703 S.E.2d 694 (2010).

Cited in First Union Nat'l Bank v. Cook, 223 Ga. App. 374, 477 S.E.2d 649 (1996); Great W. Bank v. Southeastern Bank, 234 Ga. App. 420, 507 S.E.2d 191 (1998).

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