February 12. 2024 – Partner Jay Eidex successfully defended the second appeal brought by opposing counsel in an Anti-SLAPP/First Amendment case, this one involving the award of attorney’s fees. The case arose out of a suit that was filed in the Superior Court of Gwinnett County. In that action Attorney C. Napoleon Barnwell filed a defamation suit personally against Attorney Ankur P. Trivedi, an associate with Groth, Makarenko, Kaiser & Eidex based upon a bar complaint and motion for sanctions filed by Mr. Trivedi against Mr. Barnwell. The trial Court dismissed that suit, finding that the lawsuit was filed “in retaliation for the Bar Complaint filed against him and for the motions for sanctions filed against him.” Judge Hutchinson dismissed the matter with prejudice. Mr. Barnwell appealed the dismissal and it was affirmed and issued its remittitur and returned the matter to the Superior Court of Gwinnett County where Mr. Eidex’ claim for attorneys fees under the Anti-SLAPP statute and O.C.G.A. 9-15-14 was still pending with the Court.
Mr. Eidex presented the trial Court with a Motion for Fees under both O.C.G.A. 9-15-14(a), 9-15-14 (b) and 9-11-11.1 (b.1). Mr. Eidex argued that this matter and the conduct of Mr. Barnwell merited fees under each code section. He testified at the hearing that he spend 42.9 hours defending the suit, including the first appeal and that a reasonable hourly rate for his time was $500 per hour. After oral argument,. Judge George Hutchinson entered an award of fees in Mr. Eidex favor in the total amount of $21,540. Judge Hutchinson entered findings as to each code section and specifically noted that O.C.G.A. 9-11-11 (b.1) or Georgia’s Anti-SLAPP statute specifically authorized an award of fees for defending an appeal. Mr. Barnwell appealed the Court’s entry of fees arguing that the Court erred in awarding fees, that the Court erred in including in its calculation an award of fees for an appeal and that the amount of fees awarded was not reasonable.
The Court of Appeals rejected Barnwell’s argument that no evidence supported a finding that he brought his action in bad faith under O.C.G.A. 9-15-14 (a). The Court of Appeals found that the trial court did not err in finding he had brought the action in bad faith and to harass Trivedi finding that “Barnwell’s defamation action lacked any justiciable issue of law or fact.” The Court of Appeals also upheld and affirmed the award of fees under O.C.G.A 9-15-14(b). Finally as to the fees under the Anti SLAPP statute (O.C.G.A. 9-11-11.1(b.1), the Court found that under the statute the prevailing party is entitled to fees and Trivedi was so entitled to fees under the statute. Further the Court found that under Rosser v. Clyatt, 364 GA App 101 (2022) the Anti SLAPP attorney fees provision was interpreted to include appellate fees and thus the trial court did not err in awarded fees for the prior appeal. The Court dismissed Barnwell’s arguments that Rosser was improperly decided.
Finally, Barnwell argued that the hourly rate for the fees awarded of $500 was unreasonable. However, the Court of Appeals noted that Mr. Eidex testified to the reasonableness of his fees and Mr. Barnwell did not produce any evidence at the hearing as to what a reasonable fee would be. The Court noted that a “trial Court is authorized to assess an award representing the reasonable value of the attorney’s services rendered” and that amount “is not strictly limited to the amount that the attorney actually billed his client.” The Court of Appeals affirmed the full amount of fees awarded ($21,540) and found the trial Court did not abuse its discretion in calculating the fees awarded.
The Court of Appeals Opinion affirming the award of fees an be found here or at Court of Appeals Docket # A23A1312 (SE Reporter Citation not available yet).
The Fulton County Daily Report Article covering the this appeal can be found here.
The underlying defamation case is C. Napoleon Barnwell v. Ankur Pankaj Trivedi, Superior Court of Gwinnett County, Civil Action File Number 21-A-08521-1
The trial Court Order awarding Attorney’s fees can be found here.
The Court of Appeals Order affirming the original dismissal can be found here or at 366 Ga. App. 168, 881 S.E.2d 16 (2022)
The Trial Court Order dismissing the underlying lawsuit can be found here.
The Law 360 Article covering the original matter can be found here.
The Fulton County Daily Report Article covering the original matter can be found here.
Read more about Partner Jay Eidex here.
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