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2018 Georgia Code 51-7-82 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 51-7-82 Case Law from Google Scholar Amendments to OCGA 51-7-82

TITLE 51 TORTS

Section 7. False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation, 51-7-1 through 51-7-85.

ARTICLE 5 ABUSIVE LITIGATION

51-7-82. Defenses.

  1. It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation within 30 days after the mailing of the notice required by subsection (a) of Code Section 51-7-84 or prior to a ruling by the court relative to the civil proceeding, claim, defense, motion, appeal, civil process, or other position, whichever shall first occur; provided, however, that this defense shall not apply where the alleged act of abusive litigation involves the seizure or interference with the use of the injured person's property by process of attachment, execution, garnishment, writ of possession, lis pendens, injunction, restraining order, or similar process which results in special damage to the injured person.
  2. It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted acted in good faith; provided, however, that good faith shall be an affirmative defense and the burden of proof shall be on the person asserting the actions were taken in good faith.
  3. It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted was substantially successful on the issue forming the basis for the claim of abusive litigation in the underlying civil proceeding.

(Code 1981, §51-7-82, enacted by Ga. L. 1989, p. 408, § 2.)

JUDICIAL DECISIONS

Attorney not liable.

- An attorney who filed an adultery counterclaim in a divorce proceeding based on information provided to the attorney by the client acted reasonably, established a good faith defense, and was not liable on an abusive litigation claim. Kluge v. Renn, 226 Ga. App. 898, 487 S.E.2d 391 (1997).

Summary judgment should not have been granted to financial advisor asserting an abusive litigation claim against a client's former wife who had sued the advisor and others for alleged fraud in causing her to terminate a trust that was to fund her alimony obligation after the former husband died since there was evidence that the advisor made misrepresentations to the former wife's attorney. Payne v. Kanes, 234 Ga. App. 524, 507 S.E.2d 266 (1998).

Complete defense offered to abuse of litigation claim.

- Purchaser's abuse of litigation claim was properly dismissed under O.C.G.A. § 9-11-12(b)(6) because the lender's dispossessory claim against the purchaser and seller, the subject of the abuse of litigation claim, succeeded, which was a complete defense under O.C.G.A. § 51-7-82(c). LaSonde v. Chase Mortg. Co., 259 Ga. App. 772, 577 S.E.2d 822 (2003).

Lack of ante-litem notice an affirmative defense.

- Abusive litigation statutes are silent as to any requirement that a defense based upon the ante-litem notice be affirmatively pled and proven by a defendant; thus, the legislature never intended to make the lack of ante-litem notice an affirmative defense. Davis v. Wallace, 310 Ga. App. 340, 713 S.E.2d 446 (2011).

Cited in Woodall v. Hayt, Hayt & Landau, 198 Ga. App. 624, 402 S.E.2d 359 (1991); Kirsch v. Jones, 219 Ga. App. 50, 464 S.E.2d 4 (1995); Great W. Bank v. Southeastern Bank, 234 Ga. App. 420, 507 S.E.2d 191 (1998); Bacon v. Volvo Serv. Ctr., Inc., 288 Ga. App. 399, 654 S.E.2d 225 (2007).

No results found for Georgia Code 51-7-82.