On 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.)
Code Commission notes.- 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.
JUDICIAL DECISIONS
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).
Preemption.
- 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).
Notice required prior to suit.
- Trial court erred by failing to dismiss an invasion of privacy claim through public disclosure of private facts because the plaintiff failed to comply with the procedural requirements of O.C.G.A. § 51-7-80 et seq., by not providing statutory notice of a claim as required by O.C.G.A. § 51-7-84(a). Rogers v. Dupree, 349 Ga. App. 777, 824 S.E.2d 823 (2019), cert. denied, No. S19C1170, 2019 Ga. LEXIS 880 (Ga. 2019), cert. denied, No. S19C1132, 2019 Ga. LEXIS 889 (Ga. 2019).
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).
CHAPTER 8 FORCIBLE ENTRY AND DETAINER