Bigley v. Mosser

Ruffin, Judge.

Angela Bigley, Dianne Walker, and Albert Dunn (collectively plaintiffs) sued B. J. Mosser for libel. Mosser had previously sued each of the plaintiffs for libel in separate actions. The trial court granted Mosser’s motion to dismiss plaintiffs’ complaint, finding that their claims were logically related to those asserted by Mosser in her prior libel suits and thus should have been raised as compulsory counterclaims in such actions. Because plaintiffs’ claims were not compulsory counterclaims, we reverse.

“OCGA § 9-11-13 (a) provides that, if a claim arises out of the transaction…