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Davis v. Emmis Publ'g Corp.

Since plaintiff filed his libel suit more than one year after defendant's published magazine article, plaintiff's suit was time-barred.

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In this libel action, Dave Davis appeals the trial court’s grant of summary judgment to defendants Emmis Publishing Corporation, d/b/a Atlanta Magazine, and Scott Freeman. Davis contends that the trial court erred by finding that the complaint failed to state a claim for invasion of privacy intrusion upon seclusion and by finding that his claims for defamation and false light invasion of privacy were barred by the statute of limitation. We affirm the trial court’s ruling on these issues.

In a cross-appeal, Emmis and Freeman appeal the trial court’s determination that the failure of Davis to timely file verifications of the complaint as required by Georgia’s Anti-SLAPP Statute, OCGA § 9-11-11.1, was an amendable defect. While the trial court erred in this ruling, this procedural issue is rendered moot by the proper grant of summary judgment to defendants.

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