FOURTH DIVISION
ELLINGTON, P. J.,
MERCIER and GOBEIL, JJ.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
http://www.gaappeals.us/rules
November 20, 2018
In the Court of Appeals of Georgia
A16A1512. RL BB ACQ I-GA CVL, LLC v. WORKMAN, et al.
GOBEIL, Judge.
In Workman v. RL BB ACQ I-GA, LLC, 303 Ga. 693 (814 SE2d 696) (2018)
(“Workman II”), the Supreme Court of Georgia reversed in part and affirmed in part
the judgment of this Court in RL BB ACQ I-GA, LLC v. Workman, 341 Ga. App. 127
(798 SE2d 677) (2017) (“Workman I”). Accordingly, we vacate Divisions 1 and 6 of
our earlier opinion and in their stead, we adopt the opinion of the Supreme Court as
our own. In light of the foregoing, we hold as follows:
1. Because neither Honey Workman nor any of the Workman LLCs1
(collectively, the “Third Parties”) were parties to the underlying litigation, they were
not entitled to an award of attorney fees under OCGA § 9-15-14 for conduct involved
1
The relevant facts, including a detailed description of the parties involved in
both the underlying litigation and the current appeal, may be found in Workman I. See
341 Ga. App. at 127-132.
in post-judgment discovery. See Workman II, 303 Ga. at 697-698 (1). Accordingly,
we reverse that part of the trial court’s order awarding the Third Parties costs and fees
under that statute.
2. For the reasons explained in Workman I, we reverse that part of the trial
court’s order awarding the Third Parties the expenses and fees they incurred in
preparing for and attending Honey Workman’s deposition. Workman I, 341 Ga. App.
at 136-137 (3). We also reverse that part of the trial court’s order barring RL BB
ACQ I-GA CVL, LLC (“Rialto”) from deposing Honey Workman for a period of five
years. Id. at 137-138 (4).
3. Also for the reasons explained in our original opinion, we reverse that part
of the trial court’s order awarding the Third Parties the expenses they incurred in
pursuing their motion for sanctions. Id. at 138-139 (5).
4. We affirm that part of the trial court’s order awarding the Third Parties
$18,394.63 in attorney fees and costs incurred in obtaining the protective order at
issue. See OCGA § § 9-11-26 (c), 9-11-37 (a) (4) (A); Workman II, 303 Ga. at 698-
701 (2).
Judgment affirmed in part and reversed in part. Ellington, P. J., and Mercier,
J., concur.
2