Stigler v. Flint
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Appellee, an owner of a condominium managed by the Coach House and a member of a condominium association, requested that the Board of Directors of the Coach House allow him access to the financial records and minutes of the Board's meetings spanning a two-year period. Appellant, the attorney for the Board, refused Appellee's request. Thereafter, Appellee wrote of the attorney general's (AG) office asking that it prosecute the matter involving his records request. Appellant responded by sending a letter to the AG explaining the reasons restrictions were placed on the records, including some reasons unflattering to Appellee. Appellee subsequently filed suit against Appellant for defamation. The trial court granted Appellant's motion for summary judgment, determining that Appellant's letter to the AG was a direct response to an appeal for prosecution and was thus part of a judicial proceeding. The court of appeals reversed. The Supreme Court affirmed the reversal of the trial court's grant of summary judgment, holding that the communications made to the AG's office were not part of a judicial proceeding and thus were entitled to only a qualified privilege.
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