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Call Now: 904-383-7448On and after April 3, 1989, no claim other than as provided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abusive litigation, provided that claims filed prior to such date shall not be affected. This article is the exclusive remedy for abusive litigation.
(Code 1981, §51-7-85, enacted by Ga. L. 1989, p. 408, § 2.)
- Pursuant to Code Section 28-9-5, in 1989, "April 3, 1989" was substituted for "the effective date of this article" near the beginning of the Code section.
Section not applicable. Fabe v. Floyd, 199 Ga. App. 322, 405 S.E.2d 265, cert. denied, 199 Ga. App. 906, 405 S.E.2d 265 (1991).
A claim for tortious interference with contract cannot be predicated upon an allegedly improper filing of a lawsuit. Phillips v. MacDougald, 219 Ga. App. 152, 464 S.E.2d 390 (1995).
- Grant of summary judgment was affirmed because the trial court did not err in holding that the company's claims against the law firm fell within the purview of the abusive litigation statute, should have been brought under that statute, and thus were preempted by the exclusivity provisions of O.C.G.A. § 51-7-85. Meadow Springs Recovery, LLC v. Wofford, 319 Ga. App. 79, 734 S.E.2d 100 (2012).
- In an abusive litigation claim governed by Yost v. Torok, 256 Ga. 92, 344 S.E.2d 414 (1986) punitive damages are excluded, as the tort itself is designed as a deterrent. Rice v. Cropsey, 203 Ga. App. 272, 416 S.E.2d 786, cert. denied, 203 Ga. App. 907, 416 S.E.2d 786 (1992).
After the plaintiff filed the plaintiff's complaint in December of 1988, and the defendant filed an answer and counterclaim in February of 1989, the awarding of punitive damages was governed by Yost and not O.C.G.A. § 51-7-85. Rice v. Cropsey, 203 Ga. App. 272, 416 S.E.2d 786, cert. denied, 203 Ga. App. 907, 416 S.E.2d 786 (1992).
Cited in Seckinger v. Holtzendorf, 200 Ga. App. 604, 409 S.E.2d 76 (1991); Sneakers of Cobb County v. Cobb County, 265 Ga. 410, 455 S.E.2d 834 (1995); Great W. Bank v. Southeastern Bank, 234 Ga. App. 420, 507 S.E.2d 191 (1998); Hagemann v. City of Marietta, 287 Ga. App. 1, 650 S.E.2d 363 (2007).
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1995-04-17
Citation: 455 S.E.2d 834, 265 Ga. 410
Snippet: in tort for seeking injunctive relief. OCGA § 51-7-85; Mason v. Port Wentworth Corp., 75 Ga. App. 844