Fortson v. Brown, 690 S.E.2d 239 (Ga. Ct. App. 2010). · Go Syfert
Fortson v. Brown, 690 S.E.2d 239 (Ga. Ct. App. 2010). Cases Citing This Book View Copy Cite
36 citation events (36 in the last 25 years) across 3 distinct courts.
Strongest positive: David Little v. State (gactapp, 2024-09-23)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) David Little v. State
Ga. Ct. App. · 2024 · confidence medium
As a preliminary matter, we remind Little that although he has the right to represent himself on appeal, that pro se status “does not relieve him of the obligation to comply with the substantive and procedural requirements of the law, including the rules of this Court.” (Punctuation and footnote omitted.) Fortson v. Brown, 302 Ga. App. 89, 90 (1) ( 690 SE2d 239 ) (2010).
discussed Cited as authority (rule) Tony Daniels v. State
Ga. Ct. App. · 2024 · confidence medium
As a preliminary matter, we remind Daniels that although he has the right to represent himself on appeal, that pro se status “does not relieve him of the obligation to comply with the substantive and procedural requirements of the law, including the rules of this Court.” (Punctuation and footnote omitted.) Fortson v. Brown, 302 Ga. App. 89, 90 (1) ( 690 SE2d 239 ) (2010).
discussed Cited as authority (rule) Ecochem Australia Pty Ltd. v. CST Systems Inc.
N.D. Ga. · 2023 · confidence medium
Moreover, if Clean Print and Dicar indeed contacted current CST customers and falsely informed them that CST was “going away,” (Third-Party Compl. ¶ 65), such conduct would constitute a misrepresentation sufficient to support its tortious interference claim. , 302 Ga. App. 89, 92 (2010).2 Regarding malice, Clean Print and Dicar claim that CST has not demonstrated that they engaged in any unauthorized interference, and they argue, without citing any legal authority, that even assuming they solicited CST customers, their purported tortious interference is excused by CST’s failure to provi…
discussed Cited as authority (rule) Northside Hospital Inc. v. E. Kendrick Smith (2×)
Ga. Ct. App. · 2016 · confidence medium
Further, to the extent that any of Smith’s alleged “material facts” in this portion of his brief are supported by the more than 7,000 pages of record, we take this opportunity to remind him that “it is not the function of this Court to cull the record on behalf of a party in search of instances of error.” Fortson v. Brown, 302 Ga. App. 89, 90 (1) ( 690 SE2d 239 ) (2010) (punctuation omitted). 2 exercise all of the powers granted and prescribed in the Hospital Authority Laws.”3 The Authority was created because of the need in Fulton County for improved and increased hospital facilit…
discussed Cited as authority (rule) Jackson v. Sanders (2×)
Ga. Ct. App. · 2015 · confidence medium
Moreover, while the parties reference this evidence in their appellate briefs, they provide no record citations to support those references, and “it is not the function of this Court to cull the record on behalf of a party in search of instances of error.” Fortson v. Brown, 302 Ga. App. 89, 90 (1) ( 690 SE2d 239 ) (2010) (punctuation omitted). 14 in his DRFA.20 Jackson further admitted that, while he owed $15,000 on a car loan, he did not include that information on the portion of the DFRA that required him to list “payments to creditors.” Further, Jackson testified that his DFRA mista…
cited Cited as authority (rule) Chesapeake Employers' Insurance v. Eades
N.D. Ga. · 2015 · confidence medium
Fortson v. Brown, 302 Ga.App. 89 , 690 S.E.2d 239, 241 (2010) (citation omitted).
cited Cited as authority (rule) Atlanta Fiberglass USA, LLC v. KPI, Co.
N.D. Ga. · 2012 · confidence medium
Fortson v. Brown, 302 Ga.App. 89 , 690 S.E.2d 239, 241 (2010) (citation omitted).
discussed Cited as authority (rule) Wood v. Archbold Medical Center, Inc.
M.D. Ga. · 2010 · confidence medium
To support a tortious interference claim, Plaintiff must adduce evidence of improper action, which Georgia courts have defined “as constituting conduct wrongful in itself; thus, improper conduct means wrongful action that generally involved predatory tactics such as physical violence, fraud or misrepresentation, defamation, use of confidential information, abusive civil suits, and unwarranted criminal prosecutions.” Fortson v. Brown, 302 Ga.App. 89, 92 , 690 S.E.2d 239, 242 (2010) (quoting Kirkland v. Tamplin, 285 Ga.App. 241, 244 , 645 S.E.2d 653, 656 (2007)).
discussed Cited as authority (rule) Resource Life Insurance Co. v. Buckner
Ga. Ct. App. · 2010 · confidence medium
Co., 259 Ga. 333, 334 (1) ( 380 SE2d 686 ) (1989). 46 Fleming v. Advanced Stores Co., 301 Ga. App. 734, 735 ( 688 SE2d 414 ) (2009). 47 Fortson v. Brown, 302 Ga. App. 89, 90 (1) ( 690 SE2d 239 ) (2010).
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2010 · confidence medium
Moreover, his references do not comply with Court of Appeals Rule 25 (a) (1), which requires that “[rjecord and transcript citations shall be to the volume or part of the record or transcript and the page numbers that appear on the appellate record or transcript as sent from the trial court.” 11 (Punctuation omitted.) Fortson v. Brown, 302 Ga. App. 89, 90 (1) ( 690 SE2d 239 ) (2010). 12 Oni v. State, 285 Ga. App. 342, 343 (2) ( 646 SE2d 312 ) (2007). 13 407 U. S. 514 (92 SC 2182, 33 LE2d 101) (1972). 14 (Punctuation and footnotes omitted.) Davis v. State, 301 Ga. App. 155, 156 ( 687 SE2d 1…
discussed Cited "see" HUIMING SONG v. EGPS SOLUTIONS I, INC. (2×)
Ga. Ct. App. · 2026 · signal: see · confidence high
See Fortson v. Brown, 302 Ga. App. 89, 90 (1) ( 690 SE2d 239 ) (2010) (explaining that “it is not the function of this Court to cull the record on behalf of a party in search of instances of error,” and the “burden is upon the party alleging error to show it affirmatively in the record” (quotation marks omitted)). 17 We do not authorize the reporting of this opinion because it does not announce a new rule or policy or involve an interpretation of law that is not already precedent.
discussed Cited "see" ANDREW W. BELL v. MARINA LOPEZ (2×)
Ga. Ct. App. · 2023 · signal: see · confidence high
See Fortson v. Brown, 302 Ga. App. 89, 90 (1) ( 690 SE2d 239 ) (2010).
discussed Cited "see" Habibah Bell v. Freeport Title & Guaranty, Inc., as Trustee of the Flat Shoals Townhouse Development Trust (2×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See Fortson v. Brown, 302 Ga. App. 89, 90-91 (2) ( 690 SE2d 239 ) (2010) (holding that the trial court did not err by preventing the appellant from conducting additional discovery prior to ruling on the summary judgment motion, 5 where the appellant made no attempts to alert the trial court that additional discovery was needed to respond to the motion); Carr v. Kindred Healthcare Operation, Inc., 293 Ga. App. 80, 82 (1) ( 666 SE2d 401 ) (2008) (holding that “[t]he trial court was not required to allow the completion of discovery before ruling on the motion for summary judgment” and that �…
discussed Cited "see, e.g." Dexter Sims v. First Acceptance Insurance Company (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See also Fortson v. Brown, 302 Ga. App. 89, 90-91 (2) ( 690 SE2d 239 ) (2010).
discussed Cited "see, e.g." Sims v. First Acceptance Insurance Co. of Georgia, Inc. (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See also Fortson v. Brown, 302 Ga. App. 89, 90-91 (2) ( 690 SE2d 239 ) (2010).
Retrieving the full opinion text from the archive…
FORTSON
v.
BROWN Et Al.
A09A1194.
Court of Appeals of Georgia.
Jan 25, 2010.
690 S.E.2d 239
Major Fortson, pro se., Burr & Forman, Gregory F. Harley, Kwende B. Jones, for appellees.
Doyle, Blackburn, Adams.
Cited by 17 opinions  |  Published
Doyle, Judge.

Major Fortson, proceeding pro se both below and on appeal, filed a complaint appearing to allege tortious interference with contrac[*90] tual relations against Clifford Brown and Brown’s employer, Regions Bank (collectively “Appellees”). The Superior Court of Habersham County granted summary judgment to the Appellees, finding that Fortson had failed to provide any admissible evidence to support his claim. Fortson appeals the grant of summary judgment, and we affirm, for the following reasons.

1. As an initial matter,

we note that Fortson’s brief does not contain a single citation to the record, in violation of the rules of this [C]ourt. Court of Appeals Rule 25 (c) (2) (i) specifically provides that in the absence of proper reference to the record, the Court will not search for or consider such enumeration. Furthermore, Fortson’s brief does not comport with Court of Appeals Rule 25 (a) (1), as it does not contain a succinct and accurate statement of the proceedings below and the material facts relevant to the appeal, nor does it state the method by which each enumeration of error was preserved for consideration on appeal. Although Fort-son is acting pro se, that status does not relieve him of the obligation to comply with the substantive and procedural requirements of the law, including the rules of this [C]ourt. Indeed, it is not the function of this [CJourt to cull the record on behalf of a party in search of instances of error. The burden is upon the party alleging error to show it affirmatively in the record. Thus, because Fortson has failed to support his enumerations by a single citation to the record, his appeal presents nothing for consideration. Nevertheless, because the record in this case is fairly small, and [the Appellees have] provided sufficient citations to the record, we will address the merits of Fortson’s appeal. [1]

2. In two conclusory arguments, Fortson contends that the trial court erred in granting summary judgment to the Appellees because he was prevented from producing evidence to prove the allegations of his complaint. We disagree.

Fortson cites OCGA § 9-11-26, which deals with various discovery methods that parties may use, and OCGA § 9-11-33, which addresses the use of interrogatories by parties; however, Fortson does not offer any explanation of how those statutes support his conclusory argument that he was prevented from producing evidence[*91] to support his claim. Additionally, the record does not show that Fortson made any attempt to provide evidence to the trial court or to have the court compel discovery during the month and a half between filing his response to the motion for summary judgment and entry of the trial court’s order granting the motion. If Fortson “needed additional discovery for [his] response to [the Appellees’] motion, [he] should have invoked OCGA § 9-11-56 (f). The trial court was not required to allow the completion of discovery before ruling on the motion for summary judgment.” [2]

3. Fortson also alleges that the trial court erred by finding that Brown’s statement to Bencio Gonzalez, with whom Fortson had entered into a real estate contract, was inadmissible hearsay. Pre-termitting whether the trial court was correct in the determination, we affirm the grant of summary judgment. [3]

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmo-vant. [4]

So viewed, the evidence before the trial court shows that Fortson entered into a real estate contract with Gonzalez, wherein Fortson agreed to purchase 26 properties from Gonzalez. In the midst of completing the transactions, Gonzalez met with his loan officer at Regions Bank, Brown, who told Gonzalez that the transaction documents were confusing, and Gonzalez should wait and discuss the matter with an attorney.

Fortson alleged that Brown’s act of advising Gonzalez to seek legal advice regarding the transactions was tortious interference with the real estate contract, and the interference led to Fortson’s loss because he was forced to file a lawsuit against Gonzalez to complete the transactions.

Taking as true and admissible Fortson’s contention that Brown persuaded Gonzalez to seek legal advice before completing the contract, Fortson still could not establish tortious interference.

[*92] Decided January 25, 2010. Major Fortson, pro se.
Tortious interference claims, whether asserting interference with contractual relations, business relations, or potential business relations, share certain common essential elements: (1) improper action or wrongful conduct by the defendant without privilege; (2) the defendant acted purposely and with malice with the intent to injure; (3) the defendant induced a breach of contractual obligations or caused a party or third parties to discontinue or fail to enter into an anticipated business relationship with the plaintiff; and (4) the defendant’s tortious conduct proximately caused damage to the plaintiff. [5]

First, Fortson’s claim fails because the undisputed facts show that the Appellees were Gonzalez’s mortgagees for the properties. If, as here, a “defendant has a bona fide economic interest in the contract or relationship with one of the parties to the contract, he is not a stranger to the contract and acts with privilege with regard to that contract.” [6]

Moreover,

the plaintiff must adduce evidence of improper action or wrongful conduct, which our courts have defined as constituting conduct wrongful in itself; thus, improper conduct means wrongful action that generally involves predatory tactics such as physical violence, fraud or misrepresentation, defamation, use of confidential information, abusive civil suits, and unwarranted criminal prosecutions. [7]

Brown’s statement to Gonzalez recommending delaying the transaction until seeking legal advice simply does not rise to the level of improper conduct required to make a showing of tortious interference. Accordingly, the trial court did not err in granting summary judgment to the Appellees.

Judgment affirmed.

Blackburn, P. J., and Adams, J., concur. [*93] Burr & Forman, Gregory F. Harley, Kwende B. Jones, for appellees.
1

(Punctuation and footnotes omitted.) Fortson v. Flotará, 299 Ga. App. 800, 801 (1) (684 SE2d 18) (2009).

2

(Citation omitted.) Carr v. Kindred Healthcare Operating, 293 Ga. App. 80, 82 (1) (666 SE2d 401) (2008) (holding that a trial court’s ruling on summary judgment was not premature when entered prior to conclusion of discovery).

3

See Goodin v. Gwinnett Health System, 273 Ga. App. 461, 462 (1) (615 SE2d 129) (2005) (a judgment that is right for any reason will be affirmed).

4

(Citation omitted.) Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 (1) (486 SE2d 684) (1997).

5

(Punctuation omitted.) Kirkland v. Tamplin, 285 Ga. App. 241, 243 (1) (645 SE2d 653) (2007).

6

(Punctuation omitted.) Id. at 245 (1) (b).

7

(Punctuation omitted.) Id. at 244 (1) (b).