Atlanta Humane Society v. Mills, No. A03A2480

Decision Date21 November 2003
Docket Number No. A03A2481., No. A03A2480
Citation264 Ga. App. 597,591 S.E.2d 423
PartiesATLANTA HUMANE SOCIETY et al. v. MILLS. Mills v. Atlanta Humane Society et al.
CourtGeorgia Court of Appeals

OPINION TEXT STARTS HERE

Lipshutz, Greenblatt & King, Edward L. Greenblatt, Atlanta, James V. Zito, Alpharetta, for appellants.

Begner & Begner, Alan I. Begner, Robert M. Adelson, Katherine Wood, Atlanta, for appellee.

Stacy S. Levy, amicus curiae.

SMITH, Chief Judge.

This is an appeal and cross-appeal from an order in a defamation action brought by the Atlanta Humane Society (AHS) and its director, Bill Garrett. AHS and Garrett sued Kathi Mills, alleging that she posted defamatory messages on an Internet message board. The messages were posted in response to a series of WSB-TV investigative programs criticizing the AHS. In Case No. A03A2480, AHS appeals the trial court's determination that it is a governmental entity which cannot bring an action for defamation, and Garrett appeals the trial court's determination that he is a limited-purpose public figure with respect to this controversy. In Case No. A03A2481, Mills cross-appeals the trial court's denial of her motion to dismiss the complaint as an improperly verified SLAPP (Strategic Lawsuit Against Public Participation) suit under OCGA § 9-11-11.1.

This appeal is controlled by our recent decision in Harkins v. Atlanta Humane Society, 264 Ga.App. 356, 590 S.E.2d 737 (2003), another defamation action brought by AHS and Garrett against an individual for statements made in connection with the WSB-TV series. In Harkins, we concluded that the controversy at issue was "an issue of public concern" as defined by OCGA § 9-11-11.1, id. at 360(2), 590 S.E.2d 737, and that "Harkins has a substantive right to exercise her constitutional right of free speech regarding a matter of public concern. The trial court therefore should have dismissed appellees' defamation lawsuit that was initiated in response to Harkins's protected statements." Id., at 361, 590 S.E.2d 737. Mills also has this substantive right in connection with her comments on the same matter of public concern. We therefore reverse the trial court's judgment in Case No. A03A2481 and direct the trial court, upon receipt of the remittitur, to dismiss the complaint.

Because Mills's cross-appeal is dispositive of this case, AHS and Garrett's appeal in Case No. A03A2480 is dismissed as moot.

...

To continue reading

Request your trial
3 cases
  • Atlanta Humane Society v. Harkins
    • United States
    • Georgia Supreme Court
    • September 27, 2004
    ...(2003). On the same basis, the Court of Appeals also reversed the order denying Mills' motion to dismiss. Atlanta Humane Society v. Mills, 264 Ga.App. 597, 591 S.E.2d 423 (2003). In both cases, the Court of Appeals directed the trial court, upon receipt of the remittitur, to dismiss the com......
  • Board of Regents v. Oglesby
    • United States
    • Georgia Court of Appeals
    • November 21, 2003
    ... ... Bunner, Atlanta, for appellant ...         Elliott B. Watkins, ... ...
  • Atlanta Humane Soc. v. Mills
    • United States
    • Georgia Court of Appeals
    • June 3, 2005
    ...Bill Garrett, sued Kathi Mills for allegedly defamatory statements made on an internet bulletin board. In Atlanta Humane Society v. Mills, 264 Ga.App. 597, 591 S.E.2d 423 (2003), we relied on our recent decision in Harkins v. Atlanta Humane Society, 264 Ga.App. 356, 590 S.E.2d 737 (2003), t......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT