Deutz-Allis Credit Corp. v. Phillips

Carley, Chief Judge.

Appellee-defendant is the Sheriff of Miller County. Appellant-plaintiff filed a claim against the bond that was posted by appellee pursuant to OCGA § 15-16-5. Appellee answered and filed a counterclaim for abusive litigation pursuant to Yost v. Torok, 256 Ga. 92 (344 SE2d 414) (1986). With regard to appellant’s main action, the trial court granted summary judgment in favor of appellee and, on appeal, this court affirmed. Deutz-Allis Credit Corp. v. Phillips, 183 Ga. App. 760 (360 SE2d 29) (1987). With regard to appellee’s Yost counterclaim, a jury trial was held. The jury…