HOUSEHOLD FINANCE CORPORATION OF GEORGIA v. Gilley

Banke, Judge.

The appellant sued to collect the balance allegedly due from the appellees on a promissory note, and the appellees counterclaimed for damages for libel, contending that the suit had been brought maliciously, in bad faith, and without just cause. This is an interlocutory appeal from the denial of the appellant’s motion for summary judgment on the counterclaim. Held:

1. The appellees acknowledge in their brief that the only libel they allege “is the libel of the suit being filed in the first place.” This is no libel at all. Pursuant to OCGA § 51-5-8 (Code Ann. § 105-711), “[a]ll…