In re Serpentfoot

In In re Serpentfoot, 285 Ga. App. 325, 328 (4) (a) (646 SE2d 267) (2007), the defendant moved for attorney fees on the ground that the plaintiff's "conduct in seeking a name change was 'frivolous and an obvious attempt to use the name change statute for wrongful personal pursuits . . . ,'" but did not specify a statutory basis for the motion. The trial court found that the plaintiff's request for a name change was based upon "improper motives" and was made for "improper purposes." Id. The trial court also found that appellant "has been unreasonably and stubbornly litigious and has been frivolous in her conduct in these proceedings." Id. The trial court based its fee award to the defendant on these findings without specifying the statute it relied upon for that award. Id. On appeal, this Court noted that while OCGA 13-6-11 authorized an award of attorney fees for being stubbornly litigious, that statute generally only authorizes a fee award for a plaintiff. Serpentfoot, 285 Ga. App. at 328-329 (4) (a). The Court also found that the trial court's order did not contain the elements required for an award of attorney fees under OCGA 9-15-14 (b), and determined that "the issue of attorney fees must be remanded for an explanation of the statutory basis for the award and any findings necessary to support it." Id. at 329 (4) (a).