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Update – Enforcement of Offer of Settlement Under O.C.G.A. § 9-11-68(b)

In Anglin v. Smith 2020 WL7692151 (Ga. App. Dec. 28, 2020), the Court upheld an award of attorney's fees to a defendant pursuant to O.C.G.A. § 9-11-68(b). The defendant made an offer of settlement of $1,000.00, which was rejected. The defendant then obtained a defense verdict at trial. Because the plaintiff recovered less than 75% of the offer of settlement and because the court found that the offer was made in good faith, the Court awarded attorney's fees to the defendants.

The Court of Appeals affirmed the award and rejected the plaintiff's arguments that the trial court failed to state objective and subjective factors for the basis of its award. The Court of Appeals found that Georgia law only requires a trial court to state objective and subjective factors for the basis of its decision if the court rejects awarding attorney's fees under an offer of settlement under O.C.G.A. § 9-11-68(b) but that Georgia law does not require such a finding when it awards attorney's fees under 9-11-68(b).

This decision strengthens the enforcement of offers of settlement.

Richard G. Tisinger, Jr. is a partner at Tisinger Vance, P.C. He may be contacted at (770) 214-5112, or you can e-mail him at

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