Scouten v. Amerisave Mortg. Corp., 656 S.E.2d 820 (Ga. 2008). · Go Syfert
Scouten v. Amerisave Mortg. Corp., 656 S.E.2d 820 (Ga. 2008). Cases Citing This Book View Copy Cite
78 citation events (78 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Wilkins v. Wal-Mart Stores East, Inc.
N.D. Ga. · 2021 · quote attribution · 1 verbatim quote · confidence high
as subsequent cases have made clear, not all intracorporate statements come within the exception, only those statements received by one who because of his duty or authority has reason to receive the information.
discussed Cited as authority (rule) VENTERRA POLLARD v. DAVID COOPER (2×)
Ga. Ct. App. · 2023 · confidence medium
Corp., 283 Ga. 72, 73 (1) (656 SE2d 820) (2008).
examined Cited as authority (rule) Radio Perry, Inc. v. Cox Communications, Inc. (3×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008) (citations omitted).
examined Cited as authority (rule) Radio Perry, Inc. v. Cox Communications, Inc. (3×) also: Cited "see"
Ga. Ct. App. · 2013 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008) (citations omitted).
cited Cited as authority (rule) Georgia Power Company v. Amy N. Cazier
Ga. Ct. App. · 2013 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008).
cited Cited as authority (rule) Georgia Power Co. v. Cazier
Ga. Ct. App. · 2013 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008).
discussed Cited as authority (rule) Karina Garcia v. Shaw Industries, Inc.
Ga. Ct. App. · 2013 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008) (publication of slander or oral defamation occurs upon communication to anyone other than the person slandered). 15 publication to the Board of the fraud complaint constituted a completed act. 10 We find no error, and affirm.
cited Cited as authority (rule) Frankie Forsh v. Shawn Tirrell Williams
Ga. Ct. App. · 2013 · confidence medium
Corp., 283 Ga. 72, 73-74 (2) ( 656 SE2d 820 ) (2008); TechBios, supra at 594-595 (1) (a); Peacock Constr.
cited Cited as authority (rule) Forsh v. Williams
Ga. Ct. App. · 2013 · confidence medium
Corp., 283 Ga. 72, 73-74 (2) ( 656 SE2d 820 ) (2008); TechBios, supra at 594-595 (1) (a); Peacock Constr.
discussed Cited as authority (rule) Dekalb County School District v. Elaine Gold
Ga. Ct. App. · 2012 · confidence medium
The movant in a motion to dismiss for failure to state a claim upon which relief can be granted must show “that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought.” Scouten v. Amerisave Mortgage Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008) (punctuation omitted).
discussed Cited as authority (rule) DeKalb County School District v. Gold
Ga. Ct. App. · 2012 · confidence medium
The movant in a motion to dismiss for failure to state a claim upon which relief can be granted must show “that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought.” Scouten v. Amerisave Mortgage Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008) (punctuation omitted).
discussed Cited as authority (rule) Reinhardt University v. Joan Castleberry
Ga. Ct. App. · 2012 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008) (citation and punctuation omitted), citing OCGA § 9-11-12 (b) (6). 4 This Court reviews the denial of a motion to dismiss for failure to state a claim upon which relief can be granted de novo.8 1.
discussed Cited as authority (rule) Reinhardt University v. Castleberry (2×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008) (citation and punctuation omitted), citing OCGA § 9-11-12 (b) (6).
cited Cited as authority (rule) Scruggs v. PALISADES ACQUISITION XVI, LLC
Ga. Ct. App. · 2010 · confidence medium
Corp., 283 Ga. 72, 73 (2) ( 656 SE2d 820 ) (2008), we find the trial court erred by dismissing Scruggs’ counterclaim.
discussed Cited as authority (rule) Techbios, Inc. v. Champagne (2×) also: Cited "see"
Ga. Ct. App. · 2009 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008).
examined Cited as authority (rule) Brown v. Rader (5×) also: Cited "see, e.g."
Ga. Ct. App. · 2009 · confidence medium
Corp., 283 Ga. 72, 73 (1), 656 S.E.2d 820 (2008). (a) The Raders argue that because reports made to DFACS are confidential, [2] Mrs. Rader's report was never "published." But the law requires only that the written statement be disseminated to any person other than the person slandered-here, the DFACS worker who received the report.
discussed Cited as authority (rule) Saye v. Deloitte & Touche, LLP (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2008 · confidence medium
Corp., 283 Ga. 72, 73-74 (2) ( 656 SE2d 820 ) (2008); Fedderwitz, 195 Ga. 691 .
examined Cited as authority (rule) Perry Golf Course Development, LLC v. HOUS. AUTH. OF CITY OF ATLANTA (4×)
Ga. Ct. App. · 2008 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008). 16 See id. at 73 (2). 17 OCGA § 13-5-30 (4). 18 See Weatherby v. Barsk, 248 Ga. App. 848, 850-851 (1) ( 545 SE2d 701 ) (2001). 19 See Shivers v. Barton & Ludwig, Inc., 164 Ga. App. 490, 491-492 ( 296 SE2d 749 ) (1982) (agreement to enter into partnership for purpose of acquiring land must be in writing); East Piedmont 120 Assoc. v. Sheppard, 209 Ga. App. 664, 665 ( 434 SE2d 101 ) (1993) (oral joint venture agreement which contained a promise to convey land violated Statute of Frauds and was unenforceable). 20 OCGA § 13-5-31 (3). 21 See gener…
examined Cited as authority (rule) Walker v. Walker (3×) also: Cited "see"
Ga. Ct. App. · 2008 · confidence medium
Corp., 283 Ga. 72, 73 (1) ( 656 SE2d 820 ) (2008).
discussed Cited "see, e.g." BOYD v. DISABLED AMERICAN VETERANS Et Al. (2×)
Ga. Ct. App. · 2019 · signal: see also · confidence low
Co. , 192 Ga. App. 815 , 815-816 (1), 386 S.E.2d 551 (1989). 10 Infinite Energy v. Pardue , 310 Ga. App. 355 , 356 (1), 713 S.E.2d 456 (2011) (punctuation and footnote omitted); see OCGA § 51-5-1 (a) ("A libel is a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule."). 11 OCGA § 51-5-1 (b). 12 Terrell v. Holmes , 226 Ga. App. 341 , 342 (1), 487 S.E.2d 6 (1997) (citations and punctuation omitted; emphasis supplied). 13 RCO Legal, P.S. v. Johnson , 34…
Retrieving the full opinion text from the archive…
SCOUTEN
v.
AMERISAVE MORTGAGE CORPORATION Et Al.
S07G1103.
Supreme Court of Georgia.
Jan 28, 2008.
656 S.E.2d 820
David E. Betts, for appellant., Kilpatrick Stockton, Curtis A. Garrett, Jr., Michael W. Tyler, James F. Bogan III, for appellees.
Thompson.
Cited by 28 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Tennessee Supreme Court (1) · Court of Criminal Appeals of T… (1)
Thompson, Justice.

Appellant Stephen Scouten is a former employee of appellee Amerisave Mortgage Corporation (Amerisave). Alleging claims under the Georgia RICO Act and for defamation and intentional infliction of emotional distress, Scouten filed suit against Amerisave, Information Technology Force, Inc., and several Amerisave employees, all of whom he claimed defamed him by disseminating false information about his termination to Amerisave employees. The trial court granted appellees’ motion to dismiss the complaint in its entirety. The Court of Appeals affirmed, holding with regard to the claim of defamation that Scouten failed to state a claim because he did not allege that the false statements were disseminated outside the corporation. Scouten v. Amerisave Mtg. Corp., 284 Ga. App. 242 (2) (643 SE2d 759) (2007). Scouten applied for certiorari, which this Court granted to review the Court of Appeals’ holding that Scouten[*73] was required to allege dissemination outside the corporation. For the reasons that follow, we reverse.

1. It is well established that:

[a] motion to dismiss for failure to state a claim upon which relief may be granted should not be sustained unless (1) the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and (2) the mo-vant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought.... In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party’s favor.

(Footnotes omitted.) Anderson v. Flake, 267 Ga. 498, 501 (2) (480 SE2d 10) (1997). See OCGA§ 9-11-12 (b) (6).

To recover for oral defamation or slander, one must prove not only the making of a slanderous statement but also publication of the slander, which occurs when the slander is communicated to anyone other than the person slandered. Kurtz v. Williams, 188 Ga. App. 14 (3) (371 SE2d 878) (1988). An exception to the broad definition of publication has evolved, providing that “when the communication is intracorporate, or between members of unincorporated groups or associations, and is heard by one who, because of his/her duty or authority has reason to receive the information, there is no publication of the allegedly slanderous material.” Id. at 15. As subsequent cases have made clear, not all intracorporate statements come within the exception, only those statements received by one who because of his duty or authority has reason to receive the information. See Walter v. Davidson, 214 Ga. 187 (2) (104 SE2d 113) (1958); Atlanta Multispecialty Surgical Assoc. v. DeKalb Medical Center, 273 Ga. App. 355 (3) (615 SE2d 166) (2005).

2. Scouten alleged in his complaint that the defamatory statements were “disseminated to employees with no need to have access to his private personnel information.” Construing these allegations most favorably to Scouten, it is possible that he could introduce evidence within the framework of the complaint establishing that defamatory statements were disseminated to Amerisave employees who had no duty or authority giving them reason to receive the information. See Quetgles v. City of Columbus, 264 Ga. 708 (450 SE2d 677) (1994) (on motion to dismiss for failure to state a claim, pleadings are construed in light most favorable to pleader, with all doubts[*74] resolved in their favor). Accordingly, the complaint sufficiently states a claim for relief based on defamation, including the required element of publication, and it was error to dismiss this claim.

Decided January 28, 2008. David E. Betts, for appellant. Kilpatrick Stockton, Curtis A. Garrett, Jr., Michael W. Tyler, James F. Bogan III, for appellees.

Judgment reversed.

All the Justices concur.