X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In Meadow Springs, LLC v. IH Riverdale, LLC ,1 the Supreme Court of Georgia reversed our judgment,2 in which we had affirmed an order of the trial court that granted IH Riverdale, LLC and Geoffrey Nolan’s motion for summary judgment and denied Meadow Springs, LLC’s motion for partial summary judgment in an action brought by Meadow Springs asserting claims for slander of title, tortious interference with contract, and tortious interference with economic opportunities. When faced with the Supreme Court’s reversal of one of its opinions, the Court of Appeals is required: 1 to read the Supreme Court’s opinion within the context of the opinion being reversed; 2 to determine whether any portions of the opinion being reversed were neither addressed nor considered by the Supreme Court; and 3 enter an appropriate disposition with regard to those portions that is consistent with the issue addressed and considered by the Supreme Court.3 Having conducted this analysis, and for the following reasons, we vacate our previous opinion in this case, reverse the trial court’s grant of summary judgment to IH and Nolan, vacate the trial court’s denial of summary judgment to Meadow Springs, and remand the case for further proceedings. Meadow Springs based its claims against IH and Nolan on their acts of filing a lis pendens on real property owned by Meadow Springs in connection with another lawsuit the “prior action”, and of delivering to a third party, Regions Bank, copies of the notice of lis pendens and complaint in the prior action. The trial court granted summary judgment to IH and Nolan on the grounds that the lis pendens was valid and the filing and publication of the notice of lis pendens and complaint were subject to an absolute privilege set forth in OCGA § 51-5-8. For these reasons, the court also denied Meadow Springs’s motion for partial summary judgment.4

In reversing our judgment affirming the trial court’s order, the Supreme Court found that the prior action did not involve real property for purposes of creating a lis pendens5 and that we thus had erred in holding that the lis pendens was valid.6 But the Supreme Court’s decision did not address whether, in light of its ruling, this Court had erred in affirming the grant of summary judgment to IH and Nolan or the denial of partial summary judgment to Meadow Springs.7

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›