Post Date: March 11, 2025
The Court of Appeals affirmed the dismissal of Public’s state lawsuit against a Rockdale County seeking a declaration that the County could not hire private law firms on a contingency basis. After Public was dismissed from a federal lawsuit, it filed the present action, which the trial court dismissed based on Rule 12(b)(6) and Georgia’s SLAPP statute. The Court of appeals affirmed the dismissal because the declaratory claims were not based on a justiciable controversy. It had no standing to attack the County’s choice of legal representation, and because Publix was dismissed from the federal lawsuit, the matter would not affect Publix’s future conduct. The Court remanded the case to render the dismissal without prejudice.
