- Court
- Court of Appeals of Georgia
- Year
- 2025
- Case
- Trabue v. Hanson
- Citation
- 377 Ga. App. 450
- Decided
- October 28, 2025
A defendant can be the prevailing moving party entitled to anti-SLAPP fees after voluntary dismissal if the defendant would have prevailed on the motion to strike. A trial court also retains jurisdiction to award OCGA 9-15-14 fees after voluntary dismissal when the action lacked a justiciable issue.
Summary
The Court of Appeals of Georgia affirmed attorney-fee awards against Keith Trabue after he voluntarily dismissed an abusive-litigation complaint against defense attorneys while the fee issue from the underlying medical-malpractice case remained pending.
The court affirmed fees under both Georgia’s anti-SLAPP statute and OCGA 9-15-14.
Issues Decided
Anti-SLAPP fees after voluntary dismissal
Decision
The court held that a defendant may be the prevailing moving party under OCGA 9-11-11.1 after voluntary dismissal if the trial court determines that the defendant would have prevailed on the anti-SLAPP motion to strike.
Facts
Trabue filed an abusive-litigation suit against defense attorney Michael Flint, alleging that post-trial motions and appeals in a medical-malpractice case were frivolous delay tactics. Flint moved to strike under the anti-SLAPP statute and requested fees. Trabue then voluntarily dismissed because the underlying litigation had not yet terminated, which is a condition precedent for an abusive-litigation claim.
Reasoning
The court reasoned that the anti-SLAPP statute’s purpose would be frustrated if a plaintiff could avoid mandatory fees by dismissing after a motion to strike was filed. Flint’s litigation conduct was protected activity, and Trabue’s concession of prematurity meant he could not show a probability of prevailing when the motion was filed.
OCGA 9-15-14 fees after voluntary dismissal
Decision
The court held that the trial court retained jurisdiction to award fees under OCGA 9-15-14 after voluntary dismissal and that fees were mandatory where the suit had no justiciable issue.
Facts
Trabue also sued attorney David Hanson for abusive litigation and later dismissed that claim as premature. The trial court awarded Hanson fees under OCGA 9-15-14.
Reasoning
OCGA 9-15-14 allows fee motions during the action or within 45 days after final judgment, and a voluntary dismissal qualifies for that timing rule. The court emphasized that voluntary dismissal alone does not justify fees. Here, however, Trabue conceded that the abusive-litigation suit was premature, which established a complete absence of a justiciable issue.
Commentary
The decision is a timing warning for abusive-litigation claims. The underlying litigation must be finally terminated before the claim is filed. If a plaintiff files too early, voluntary dismissal may not avoid fee exposure once an anti-SLAPP motion or fee motion is pending.
The anti-SLAPP holding is especially practical. The question after dismissal is whether the defendant would have prevailed on the motion to strike. If yes, the plaintiff may still face mandatory fees.
