Tallman v. Hinton

Pope, Presiding Judge.

This appeal arose out of a complaint filed by Kelly Tallman in which Tallman contended that she had been maliciously prosecuted for a dishonored check. The trial court determined that all the defendants to her lawsuit were entitled to civil immunity pursuant to OCGA § 16-9-20 (h) (1) because of their substantial compliance with the notice provisions of OCGA § 16-9-20 (a) (2) (B). For the reasons that follow, we reverse.

Tallman wrote a check for groceries on July 24, 1990, for $41.95 to Zack’s Big Buy. Tallman’s bank failed to honor her check because the signature on the…