Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Hawks v. Hinely

The defendants' applications to recall the plaintiffs from public office constituted acts in furtherance of the right to petition the government to redress grievances within the meaning of the anti-SLAPP statute.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In these three related appeals involving Georgia’s Anti-Strategic Lawsuit Against Public Participation SLAPP Statute, OCGA § 9-11-11.1, John Hinely and Angela Brackett the “Officials” appeal the trial court’s dismissal without prejudice of their separate lawsuits against Jodi Hawks and Allen Williams the “Constituents”. Each lawsuit revolves around allegations that the Constituents made in applications to recall the Officials as mayor and mayor pro tem of Port Wentworth, Georgia. The trial court dismissed the Officials’ actions because they failed to verify their complaints as required by the anti-SLAPP statute. On appeal, the Officials now contend that a the anti-SLAPP statute does not apply to their actions; b the Constituents waived any protection available under the anti-SLAPP statute; and, in the alternative, c the complaints satisfied the verification requirements of the anti-SLAPP statute, OCGA § 9-11-11.1 b. The Constituents have also filed a cross-appeal, contending that the trial court erred by dismissing the Officials’ complaints without prejudice rather than with prejudice. For the reasons set forth below, we find that the trial court should have dismissed the claims of the Officials with prejudice.

On July 13, 2000, the Constituents filed applications with the Port Wentworth Election Superintendent seeking to recall the Officials pursuant to the Recall Act of 1989, OCGA § 21-4-1 et seq.1 In their applications, the Constituents alleged that the Officials violated their oaths of office by inappropriately purchasing a fire truck for Port Wentworth.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
General Counsel Summit (GCS) 2024
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More
Go to Events Go to Webcasts
TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›
Associate Position - Casualty Litigation Department - 2 - 4 years' Litigation Experience

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›
Personal Injury Attorney

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
Go to Lawjobs
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements