2020 Georgia Code
Title 51 - Torts
Chapter 7 - False Arrest, False Imprisonment, Malicious Prosecution, and Abusive Litigation
Article 5 - Abusive Litigation

- Malicious prosecution, § 51-7-40 et seq.

- For note on 1989 enactment of this article, see 6 Ga. St. U.L. Rev. 337 (1989). For note on 1989 enactment of this article, see 6 Ga. St. U.L. Rev. 330 (1989).

JUDICIAL DECISIONS

Construction.

- The abusive litigation tort is in derogation of the common law, and must be strictly limited to the meaning of the language used, and not extended beyond the plain and explicit statutory terms. Kirsch v. Meredith, 211 Ga. App. 823, 440 S.E.2d 702 (1994).

Under O.C.G.A. Art. 5, Ch. 7, T. 51, claims are not limited to "parties," but may be made against any person who actively initiates, continues, or procures abusive proceedings. Watkins v. M & M Clays, Inc., 199 Ga. App. 54, 404 S.E.2d 141 (1991); Kirsch v. Meredith, 211 Ga. App. 823, 440 S.E.2d 702 (1994).

- The privilege established under O.C.G.A. § 51-5-8 does not bar a claim for abusive litigation pursuant to O.C.G.A. Art. 5, Ch. 7, T. 51,. Kluge v. Renn, 226 Ga. App. 898, 487 S.E.2d 391 (1997).

- Claim for abusive litigation and attorney fees could not be maintained until underlying litigation had concluded. McCullough v. McCullough, 263 Ga. 794, 439 S.E.2d 486 (1994).

- Entry of a consent decree incorporating the parties' settlement in a divorce proceeding barred the wife's subsequent action against the husband for abusive litigation. Kluge v. Renn, 226 Ga. App. 898, 487 S.E.2d 391 (1997).

RESEARCH REFERENCES

ALR.

- Necessity and permissibility of raising claim for abuse of process by reply or counterclaim in same proceeding in which abuse occurred - state cases, 82 A.L.R.4th 1115.