Simmons v. Futral

Blackburn, Presiding Judge.

J. E. Simmons appeals the trial court’s grant of summary judgment to defendant Thomas W. Futral in this defamation and slander of title action, contending that the trial court erred in determining that the language contained in Futral’s surveyor’s lien is absolutely privileged under OCGA § 51-5-8. While the statements in the lien here are not absolutely privileged, we affirm this ruling because Simmons failed to establish the falsity of the lien statements.

Simmons also sought to cancel the lien, and Futral counterclaimed to enforce it. Each filed motions for summary…