McCall v. Couture

The trial court properly granted summary judgment to the defendant on the ground his statements in a letter concerning the plaintiff's legal and financial difficulties were true.

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In this defamation action, plaintiff Tom Earl McCall appeals the grant of summary judgment to defendant David Couture, arguing that the trial court erred in finding i that Couture’s allegedly defamatory written statements were true, ii that the statements constituted opinion, and iii that the statements were privileged. For the reasons set forth below, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c; Britt v. Kelly & Picerne, Inc. 1 “On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant.” McCaskill v. Carillo .2

So construed, the evidence shows that McCall and Couture own separate properties in a vacation resort community near Dahlonega, Georgia, known as R-Ranch in the Mountains “R-Ranch”. In addition to owning property, McCall was also a Board member of the R-Ranch Owners’ Association, and in 2005, he became the Board’s treasurer. In January 2007, Couture received an email from an anonymous R-Ranch owner, which alleged that some unnamed Board members had misappropriated Owners’ Association funds. Out of concern for his property investment, Couture began searching public court records to investigate the backgrounds of each of the R-Ranch Board members. During the course of this investigation, Couture learned that numerous civil judgments and tax liens totaling approximately $225,000 had been rendered against McCall and several of his businesses. Additionally, Couture learned that McCall had previously been charged with driving under the influence of alcohol and with committing the offense of deposit account fraud.

McCall v. Couture

The trial court properly granted summary judgment to the defendant on the ground his statements in a letter concerning the plaintiff's legal and financial difficulties were true.

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