John P. Curryv.Wendy Wade
CourtCourt of Appeals of Georgia
Docket No.A25A0332
DecidedFebruary 5, 2025
Reporter348 Ga. App. 309
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureFree SpeechFirst AmendmentStatutory InterpretationVacaturRemand
Case Summary
John Curry sued Wendy Wade for defamation, false arrest, malicious prosecution, and related torts. The trial court struck his complaint under Georgia’s anti-SLAPP statute without holding the hearing required by that statute. The Court of Appeals of Georgia held that the statutory language imposed a clear hearing requirement before the court could rule on the motion to strike. Because the required procedure was not followed, the appellate court vacated the order to the extent it struck Curry’s complaint and remanded for further proceedings. It did not reach the merits of the anti-SLAPP motion.
Opinion
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