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62.731 Abusive Litigation; Voluntary Termination
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Description
62.731 Abusive Litigation; Voluntary Termination It shall be a complete defense to any claim for abusive litigation that the person against whom the claim is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or other position that the injured person claims constitutes abusive litigation. Termination of the claimed abusive litigation must occur within thirty days after the mailing of the notice required by O.C.G.A. §51-7-84(a) or prior to a ruling by the court relative to the civil proceeding, claim, defense, motion, appeal, civil process, or other position. This defense shall not apply when the alleged act of abusive litigation involves the seizure or interference with the use of the injured person's property by process of attachment, execution, garnishment, writ of possession, lis pendens, injunction, restraining order, or similar process that results in special damage to the injured person.
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