Land v. Boone

The defendants were entitled to summary judgment in an attorney's suit against them for frivolous litigation since the defendants brought their prior frivolous litigation suit against the attorney for a proper purpose, even though that suit terminated in the attorney's favor on an issue of first impression.

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This is an appeal by G. Roger Land, an attorney, from the grant of summary judgment on his action for frivolous litigation under OCGA § 51-7-80 et seq. brought against David W. Boone, an attorney, and Joe Nairon, Boone’s former client, based upon Nairon’s frivolous litigation action against Land, which terminated in Land’s favor and adversely to Boone and Nairon in Nairon v. Land , 242 Ga. App. 259 529 SE2d 390 2000. Finding no error, we affirm. On April 14, 1993, Brock Construction Co., Inc. and Steve Brock sought to rezone land in a neighborhood and were opposed by Nairon and others from the neighborhood. Land and other attorneys not parties to this action represented Brock and his company in a defamation action and injunction against Nairon and others. On June 22, 1994, the trial court determined that the suit was a Strategic Lawsuit Against Public Participation “SLAPP” action and granted Nairon summary judgment. Subsequently, on August 12, 1994, the trial court granted OCGA § 9-15-14 sanctions for the expenses of litigation to Nairon against Land, another counsel, and Brock. The grant of summary judgment in the SLAPP action was appealed but was voluntarily dismissed. The discretionary appeal of the OCGA § 9-15-14 sanctions resulted in an affirmance of such sanctions without an opinion. On November 13, 1995, on behalf of Nairon, Boone filed an action under OCGA § 51-7-80 et seq. against Land and others for having brought the SLAPP action. On March 4, 2000, the trial court dismissed Nairon’s action, which was affirmed in Nairon v. Land , supra at 259. Then, on September 14, 1999, the present action was filed by Land against Boone and Nairon for the action against Land.

On October 6, 1999, Boone answered and asserted good faith as a defense. On April 2, 2001, Boone filed his motion for summary judgment, affidavits, and discovery. Land opposed the motion and filed an affidavit with exhibits, the hearing transcript from Nairon v. Land , supra, and a deposition. On February 14, 2003, the trial court granted summary judgment to Boone and Nairon.

Land v. Boone

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