Austin v. PMG Acquisition, LLC, 629 S.E.2d 417 (Ga. Ct. App. 2006). · Go Syfert
Austin v. PMG Acquisition, LLC, 629 S.E.2d 417 (Ga. Ct. App. 2006). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: Jacki Pick v. Bradford Jay Raffensperger (ca11, 2025-10-20)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Jacki Pick v. Bradford Jay Raffensperger
11th Cir. · 2025 · confidence medium
See, e.g., Collins v. Cox Enters., Inc., 452 S.E.2d 226, 227 (Ga. Ct. App. 1994) (concluding that a plaintiff’s statement that the defendant “hoped to fool voters by running for public office” under a name similar to the current governor’s was not “an assertion of objective fact that might be proved false” because the defendant’s “conjecture regarding [the plaintiff’s] motive cannot be proven as absolutely true or false”); Jaillett, 520 S.E.2d at 726 (holding that a statement that the plaintiff “ripped off” a customer that was based on a true statement of fact without t…
discussed Cited as authority (rule) PEABODY ENERGY CORPORATION v. STRATA PRODUCTS WORLDWIDE, LLC
Ga. Ct. App. · 2025 · confidence medium
This Court, however, has quoted or applied the substantial truth language originating from Masson numerous times and these decisions trace back to two decisions: Stange v. Cox Enterprises, 211 Ga. App. 731, 735 ( 440 SE2d 503 ) (1994) (public official case), and Brewer v. Roberts, 211 Ga. App. 343, 347 (2) (a) ( 439 SE2d 77 ) (1993) (public figure case).8 Not all of these decisions, however, are ones in which the First Amendment 8 The progeny of Stange and Brewer, listed in chronological order, include: Jaillett v. Ga. Television Co., 238 Ga. App. 885, 888 ( 520 SE2d 721 ) (1999) (citing Stang…
discussed Cited as authority (rule) Bryant v. Cox Enterprises, Inc.
Ga. Ct. App. · 2011 · confidence medium
See OCGA § 9-11-60 (h) (“[A]ny ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be.”); Bruce v. Garges, 259 Ga. 268, 270 (2) ( 379 SE2d 783 ) (1989). 6 Jewell I, 251 Ga. App. at 811-14 (2). 7 See supra, Division I. 8 OCGA § 51-5-2 (a); see OCGA § 51-5-1 (a). 9 Mathis v. Cannon, 276 Ga. 16, 21 (2) ( 573 SE2d 376 ) (2002) (footnotes omitted). 10 Philadelphia Newspapers, Inc. v. Hepps, 475 U. S. 767, 776 (II) (106 SC 1558, 89 LE2d 783)…
discussed Cited "see" Community Newspaper Holdings, Inc. v. King (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Austin v. PMG Acquisition, 278 Ga. App. 539, 541 ( 629 SE2d 417 ) (2006). 6 (Punctuationand footnote omitted.) Torrance v. Morris Publishing Group, 281 Ga. App. 563, 570 (3) (a) ( 636 SE2d 740 ) (2006). 7 (Punctuation and footnote omitted.) Id. at 571 (3) (a). 8 (Punctuation and footnotes omitted.) Lucas v. Cranshaw, 289 Ga. App. 510, 512 (1) (659 *270 SE2d 612) (2008). 9 King attached as an exhibit to his brief interrogatory answers which, he contends, raise an issue as to the sheriffs statements, but we cannot consider them.
discussed Cited "see, e.g." DEPALMA v. KERNS (2×)
M.D. Ga. · 2023 · signal: see also · confidence low
A “statement is not considered false unless it would have a different effect on the mind of the viewer from that which the pleaded truth would have produced.”14 Bryant, 311 Ga. App. at 234 , 715 S.E.2d at 463 ; see also Austin v. PMG Acquisition, LLC, 278 Ga. App. 539, 541 , 629 S.E.2d 417, 420 (2006).
Retrieving the full opinion text from the archive…
AUSTIN
v.
PMG ACQUISITION, LLC Et Al.
A05A1759.
Court of Appeals of Georgia.
Mar 7, 2006.
629 S.E.2d 417
Smith, Gambrell & Russell, Matthew S. Coles, Aaron P. Tady, for appellant., Mullins, Whalen & Westbury, Andrew J. Whalen III, Hull, Towill, Norman, Barrett & Salley, James B. Ellington, for appellees.
Smith, Ellington, Adams.
Cited by 5 opinions  |  Published
SMITH, Presiding Judge.

Gordon Austin appeals from the trial court’s grant of summary judgment to PMG Acquisition, LLC d/b/a The Times-Georgian (the newspaper) and its news editor, Kathy Jeffcoats, on his claim for libel stemming from statements made in several articles printed by the[*540] newspaper. [1] The trial court granted the motion for summary judgment on the ground that the statements were either substantially true, nonactionable opinion, or protected as privileged under OCGA § 51-5-7. We agree and affirm.

To prevail at summary judgment, the moving party must show “that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991); see OCGA § 9-11-56 (c). “A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiffs case.” (Emphasis omitted.) Lau’s Corp., supra.

Viewing the evidence in the light most favorable to Austin, the record reveals that Austin’s daughter was cited for underage drinking while at a local restaurant. The citation indicated that she had a blood alcohol content of 0.21. Austin, an oral surgeon on staff at Tanner Medical Center, took his daughter to the medical center for a separate blood alcohol test. Austin deposed that the testing machine printed out a result of 0.0 and that he tore the result from the machine, put it in his pocket, and then left with his daughter. The next morning, Austin left a phone message for the police captain and then prepared an e-mail message addressed to the captain detailing the previous night’s events. As an attachment to the e-mail, Austin created a lab report on his computer to mirror the one he tore from the testing machine the night before indicating that his daughter’s blood alcohol level was 0.0. Just prior to sending the e-mail, however, Austin received a phone call from the police captain and the two arranged a meeting. Austin met with the captain and provided him a copy of both the e-mail and the lab report he created on his computer. [2]

As part of its investigation of the incident, police executed a search warrant at the medical center where they obtained a lab report indicating that Austin’s daughter had a blood alcohol content of 0.17 the night she was cited for underage drinking. Based upon this information and the documents Austin presented to the police captain, police arrested Austin and charged him with first degree forgery and making false statements. [3]

[*541] Between November 2001 and April 2003, the newspaper published six articles detailing the circumstances surrounding Austin’s arrest. Austin takes issue with four statements in particular: (1) “Austin created a fake lab report that indicated his daughter . . . tested negative for blood alcohol content,” (2) “A search warrant executed at Tanner Medical Center . . . uncovered [the] actual lab report showing [Austin’s daughter] registered a blood alcohol content of .17 grams percent the night she was arrested,” (3) “Austin was apparently trying to protect his daughter,” and (4) “Austin was relieved of his duties as president of Carrollton Police Department’s Crimestoppers the day he was arrested.” [4]

OCGA § 51-5-2 (a) defines newspaper libel as “[a]ny false and malicious defamation of another in any newspaper . . . tending to injure the reputation of the person and expose him to public hatred, contempt, or ridicule.” To be actionable “the statement must be both false and malicious, and the plaintiff has the burden of proving the statement’s falsity.” (Citation and footnote omitted.) Swindall v. Cox Enterprises, 253 Ga. App. 235, 236 (558 SE2d 788) (2002). “In determining whether a statement is false, defamation law overlooks minor inaccuracies and concentrates upon substantial truth. A statement is not considered false unless it would have a different effect on the mind of the viewer from that which the pleaded truth would have produced.” (Citations and punctuation omitted.) Jaillett v. Ga. Television Co., 238 Ga. App. 885, 888 (520 SE2d 721) (1999).

The first two statements — that Austin created a fake lab report and that the actual lab report showed a blood alcohol content of 0.17 — were attributed to police. The record shows that those statements accurately reflected the contents of both the incident report prepared by officers andAustin’s arrest warrant. See OCGA§ 51-5-7 (6) and (8) (fair and honest reports of court proceedings and truthful reports of information received from police are deemed privileged). The statements were therefore privileged communications and cannot be the basis for a libel action. Id.; compare Heard v. Neighbor Newspapers, 259 Ga. 458 (383 SE2d 553) (1989) (information from a welfare fraud investigator without arrest powers not privileged). In any case, Austin himself admitted that the lab report he gave to police was created on his home computer and was not the product of the medical center.

The third statement — that Austin was apparently trying to protect his daughter •—• was merely the opinion of the writer based[*542] upon the facts presented in the articles. “If an opinion is based upon facts already disclosed in the communication, the expression of the opinion implies nothing other than the speaker’s subjective interpretation of the facts.” Jaillett, supra, 238 Ga. App. at 890. We have previously held that “[a]n assertion that cannot be proved false cannot be held libelous. A writer cannot be sued for simply expressing his opinion of another person, however unreasonable the opinion or vituperous the expressing of it may be.” (Citations and punctuation omitted.) Atlanta Humane Society v. Mills, 274 Ga. App. 159, 166 (3) (618 SE2d 18) (2005). Therefore, the writer’s opinion based upon her interpretation of the facts cannot be held libelous here.

Decided March 7, 2006 Reconsideration denied March 30, 2006 Smith, Gambrell & Russell, Matthew S. Coles, Aaron P. Tady, for appellant. Mullins, Whalen & Westbury, Andrew J. Whalen III, Hull, Towill, Norman, Barrett & Salley, James B. Ellington, for appellees.

The fourth statement — that Austin was removed from his position as president of Carrollton Police Department’s Crim estop - pers the day he was arrested — although not entirely accurate, was substantially true. The evidence showed that Austin was removed from his position as president on November 19,2001, not when he was arrested on November 12. Minor factual errors that do not go to the substance or gist of a story do not render a communication false for defamation purposes. Jaillett, supra, 238 Ga. App. at 888; see also Stange v. Cox Enterprises, 211 Ga. App. 731, 735 (2) (440 SE2d 503) (1994) (failure to explain that plaintiff was not a named defendant in separate civil suit and variance in number of persons who alleged they were deceived by plaintiff were minor errors).

Since Austin has failed to meet his burden of showing the falsity of the published articles, the trial court did not err in granting summary judgment to the newspaper and Jeffcoats.

Judgment affirmed.

Ellington and Adams, JJ., concur.
1

Austin also sued the City of Carrollton and others for false arrest, libel, and slander.

2

The record contains a lab report that Austin claims was the original he tore from the testing machine and a copy of that same report that was faxed to his home from the medical center. Austin admitted, however, that he never provided either of those documents to police.

3

Austin subsequently pled guilty to obstruction of a law enforcement officer.

4

We note that we agree with the trial court’s conclusion that Austin is not a limited-purpose public figure since the alleged defamation was not germane to Austin’s participation in the Carrollton Police Department’s Crimestoppers. See Atlanta Journal-Constitution v. Jewell, 251 Ga. App. 808, 819-820 (3) (c) (555 SE2d 175) (2001).