Nesmith v. Branch, [A25A1575, Jan. 14, 2026] __ S.E.2d __ (Ga. Ct. App. 2026).The court (Doyle, P.J.; Markle and Padgett, JJ., concur) affirmed holding that a motion for attorney fees under Georgia’s offer-of-settlement statute, OCGA § 9-11-68, must be filed within the same term of court in which the final judgment is entered. Because the plaintiff filed her motion after the expiration of the term, the trial court lacked authority to award attorney fees. Ms.**2–6.
Relying on Medical Center of Central Georgia, Inc. v. Cancel, the court reiterated that although OCGA § 9-11-68 is silent as to timing, the general rule applies that a trial court’s authority over a case ends with the term in which judgment is entered, absent statutory authorization to act later. Attorney fees under OCGA § 9-11-68 are not an independent claim but are wholly dependent on the underlying tort action and may be sought only in connection with that action. Ms.**5–8.