2010 Georgia Code
TITLE 51 - TORTS
CHAPTER 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION
ARTICLE 5 - ABUSIVE LITIGATION
§ 51-7-83 - Measure of damages
O.C.G.A.
51-7-83 (2010)
51-7-83. Measure of damages
(a) A plaintiff who prevails in an action under this article shall be entitled to all damages allowed by law as proven by the evidence, including costs and expenses of litigation and reasonable attorney's fees.
(b) If the abusive litigation is in a civil proceeding of a court of record and no damages other than costs and expenses of litigation and reasonable attorney's fees are claimed, the procedures provided in Code Section
9-15-14 shall be utilized instead.
(c) No motion filed under Code Section
9-15-14 shall preclude the filing of an action under this article for damages other than costs and expenses of litigation and reasonable attorney's fees. Any ruling under Code Section
9-15-14 is conclusive as to the issues resolved therein.
Graham Syfert - Jacksonville Lawyer