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Nairon v. Land

The plaintiff could not sue the defendants for intentional or negligent infliction of emotional distress based on their filing an abusive lawsuit against him, since the abusive litigation statute provided his sole remedy.

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Joe Nairon appeals the trial court’s order granting summary judgment to G. Roger Land and the law firm of Starkey, Land & Crowley, and the trial court’s order dismissing the complaint against Robert C. Koski, and the Koski Firm, P.C., in this abusive litigation suit. Nairon also appeals the denial of his motion for partial summary judgment based upon res judicata and collateral estoppel grounds. For the following reasons, we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. Our review is de novo and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 1 486 SE2d 684 1997. “A grant of summary judgment must be affirmed if it is right for any reason.” Bob v. Hardy, 222 Ga. App. 550, 551 1 474 SE2d 658 1996. “A motion to dismiss may be granted only where a complaint shows with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proven in support of his claim.” Croxton v. MSC Holding, Inc., 227 Ga. App. 179, 180 489 SE2d 77 1997. Our review of orders dismissing claims is also de novo. Id. And when, as here, the trial court does not recite the grounds upon which the court granted the motion to dismiss, if the judgment is authorized for any reason it must be affirmed. Gillis v. American Gen. Life &c. Ins. Co., 222 Ga. App. 891, 892 476 SE2d 648 1996.

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