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Atlanta Humane Soc'y v. Mills

As a quasi-governmental entity, the county humane society was barred from bringing a defamation action.

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This is the second appearance of this appeal before this court. The Atlanta Humane Society AHS and its director, 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 SE2d 423 2003, we relied on our recent decision in Harkins v. Atlanta Humane Society , 264 Ga. App. 356 590 SE2d 737 2003, to reverse the trial court’s judgment on the basis of the strategic lawsuits against public participation SLAPP statute, OCGA § 9-11-11.1 b. The Georgia Supreme Court granted certiorari and consolidated both cases for appeal. In Atlanta Humane Society v. Harkins , 278 Ga. 451 603 SE2d 289 2004, the Supreme Court affirmed in part and reversed and remanded in part with direction. With respect to the SLAPP issue, the court agreed with us that the trial court could dismiss a claim on a determination that the claim was falsely verified under OCGA § 9-11-11.1 b, but found that evidentiary issues remained for resolution and remanded on that basis. Id. at 456. The court also noted that with respect to Mills, “the remaining enumerations of error regarding the trial court’s summary judgment rulings may render the anti-SLAPP issue moot.” Id. at 456.

Adopting the approach suggested by the Supreme Court, we affirm the judgment of the trial court in Case No. A03A2480 insofar as it granted summary judgment in favor of Mills on the Atlanta Humane Society’s claims and declared Garrett a limited-purpose public figure, but we reverse the trial court’s determination that disputed issues of fact remained with regard to the alleged defamation of Garrett. We do not reach the anti-SLAPP issue, and we therefore dismiss Mills’s appeal in Case No. A03A2481 as moot.1

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