Metro Chrysler-Plymouth, Inc. v. Pearce

I concur with the majority opinion in its ruling in Division 1 of the opinion, and I concur with the ruling of the majority in Division 2, but only insofar as it holds that a counterclaim for malicious use of process or malicious abuse of process is premature in the present case. As to the remainder, I dissent. The basis of my disagreement with the majority is that they have misconstrued what is called by the parties a cross complaint. Insofar as this case is concerned, it is here immaterial what it is called, but we must determine what it is. Section 8(c) of the Georgia Civil Practice Act…