context: Finally, because the issue will recur on remand, we also address whether the trial court is entitled to award attorney fees and expenses for time specifically expended on the frivolous claims that occurred during the course of the original suit filed by Trotter that was voluntarily dismissed. We conclude that the trial court is authorized to do so on remand. Trotter refiled his suit approximately two months after it was voluntarily dismissed, raising the same allegations and seeking the same types of damages. Since Trotter properly renewed his suit, the deadline for Summerour to file a fees motion under OCGA SS 9-15-14 for time expended on the voluntarily dismissed suit did not begin to run until the "final disposition" of the renewed suit.
citation_a.signal: no signal
citation_a.identifier: 268 Ga. App. 849, 849-850
citation_a.parenthetical: if suit is voluntarily dismissed, 45-day time limit set forth in OCGA SS 9-15-14 (e
citation_a.sentence: Meister v. Brock, 268 Ga. App. 849, 849-850 (1) (602 SE2d 867) (2004) (if suit is voluntarily dismissed, 45-day time limit set forth in OCGA § 9-15-14 (e) does not begin to run until a second dismissal, or if the case is not renewed, until expiration of the original statute of limitation period or six months after the discontinuance or dismissal, whichever is later). As such, we conclude that as part of his request for sanctions timely filed after final disposition of the renewed suit, Summerour was entitled to seek fees and expenses incurred in defending against the frivolous claims during the course of the original suit.
citation_b.signal: see also
citation_b.identifier: 201 Ga. App. 248, 250
citation_b.parenthetical: upholding fees award in second suit under OCGA SS 9-15-14 that included fees and expenses incurred during original suit that was later voluntarily dismissed, even though original suit was filed before the effective date of the fees statute
citation_b.sentence: See also Moore v. Harris, 201 Ga. App. 248, 250 (2) (410 SE2d 804) (1991) (upholding fees award in second suit under OCGA § 9-15-14 that included fees and expenses incurred during original suit that was later voluntarily dismissed, even though original suit was filed before the effective date of the fees statute).