Geerv.Phoebe Putney Health System, Inc.
CourtSupreme Court of Georgia
Docket No.S19G1265
DecidedOctober 6, 2020
Reporter310 Ga. 279
JudgesSupreme Court of Georgia
Tags
CivilCivil ProcedureStatutory InterpretationConsumer ProtectionEvidenceCertiorari
Case Summary
Claude Geer sought records under Georgia’s Open Records Act and moved to strike a counterclaim for attorney fees filed by Phoebe Putney Health System. The Georgia Supreme Court affirmed the Court of Appeals. The court held that the health system’s statutory request for attorney fees was not subject to Georgia’s anti-SLAPP statute. Because the counterclaim was authorized by the Open Records Act’s fee provision, it did not qualify for the special motion to strike, and the trial court was not required to apply the anti-SLAPP two-prong test. The ruling preserved the health system’s ability to pursue the fee claim while the records litigation proceeded.
Opinion
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