EQUITY PRIME MORTGAGE, LLC v. GREENE FOR CONGRESS, INC.

CourtCourt of Appeals of Georgia
DecidedOctober 31, 2024
DocketA24A0634
StatusPublished

This text of EQUITY PRIME MORTGAGE, LLC v. GREENE FOR CONGRESS, INC. (EQUITY PRIME MORTGAGE, LLC v. GREENE FOR CONGRESS, INC.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
EQUITY PRIME MORTGAGE, LLC v. GREENE FOR CONGRESS, INC., (Ga. Ct. App. 2024).

Opinion

FIRST DIVISION BARNES, P. J., GOBEIL and PIPKIN, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

October 31, 2024

In the Court of Appeals of Georgia A24A0634. EQUITY PRIME MORTGAGE, LLC v. GREENE FOR CONGRESS, INC. et al

PIPKIN, Judge.

In this case, which has previously appeared before this Court, see Equity Prime

Mortgage v. Greene for Congress, 366 Ga. App. 207 (880 SE2d 642) (2022) (“Equity

Prime I”), the Fulton County Superior Court has again dismissed the complaint filed

by Appellant Equity Prime Mortgage (“EPM”) against Appellees Marjorie Taylor

Greene and Greene for Congress (collectively “Greene”) on the grounds that the

action runs afoul of Georgia’s anti-Strategic Lawsuits Against Public Participation

(“anti-SLAPP”) statute, see OCGA § 9-11-11.1. EPM now appeals. As explained

below, the trial court erred in concluding that the entirety of Greene’s speech was non-

actionable opinion as a matter of law and, additionally, abused its discretion in failing to grant limited discovery to EPM on the issue of malice. Further, there are remaining

elements of defamation that the parties and the trial court have left unaddressed, and

we decline to consider them in the first instance on appeal. Accordingly, the judgment

of the trial court is affirmed in part and reversed in part, and the case is remanded for

further proceedings consistent with this opinion.

I. Facts and Procedural History

“T[his] action stems from Greene’s social media posts and political

advertisements made in connection with EPM’s June 2020 firing of Melissa Rolfe

(‘Rolfe’).” Equity Prime I, 366 Ga. App. at 207. As we explained in our previous

opinion, and as relevant here,

Rolfe[1] began working for EPM as a Human Resources Director in February 2020. On June 12, 2020, Rolfe’s stepson, Garrett, while employed as police officer in Atlanta, was involved in a shooting that resulted in the death of Rayshard Brooks; a few days later, Garrett was charged with numerous offenses, including felony murder. While EPM initially sent supportive messages to Rolfe and granted her eight weeks of paid leave to deal with the fallout from the incident, EPM terminated Rolfe’s employment in a brief telephone call on June 18, 2020, the day after the charges against Garrett were announced. There is no dispute that, during that telephone call, Rolfe did not ask why she was being fired,

1 Melissa Rolfe is a party to the action but is not a party to this appeal. This opinion includes reference to Rolfe’s son, Garrett, but all references to “Rolfe” here mean only Melissa Rolfe. 2 and EPM did not provide a reason. . . Greene, [who] was [then] a congressional candidate . . . took to social media to voice her support for Garrett and his stepmother. After learning of Rolfe’s firing, Greene posted the following message on social media:

I am praying for my friend Melissa Rolfe and her family. First, her step son (who was acting in self defense) lost his job [and] was charged with murder! Then[,] Melissa’s employer caved to the mob and wrongfully fired her! The war on our police officers and their families must end!

Shortly thereafter, Greene also posted the following:

Officer Rolfe’s stepmother, Melissa, has been fired from her job and been treated very unfairly. As Northwest Georgia’s next Congresswoman, she will be one of my constituents.

. . . . [A]fter the news of Rolfe’s firing was publicized, EPM was “bombarded” with thousands of website hits,”furious messages,” and threats; consequently, EPM issued a statement clarifying that Rolfe’s employment was terminated because “she [had] violated company policy” and had created “a hostile working environment.” . . . . [In the days and weeks that followed,] then-candidate Greene continued to reference Rolfe and Garrett on social media and in her campaign materials; she posted screenshots from television coverage of Rolfe’s firing, commenting that “Garrett has been treated HORRIBLY” and that “Melissa herself lost her job as a result of this nonsense.” Later, in connection with her campaign, Greene distributed a letter of support drafted by Rolfe in which Rolfe praises Greene and recounts losing her job the day after Garrett was charged.

(Footnote omitted.) Equity Prime I, 366 Ga. App. 208-209 (1). After Greene refused to

accede to EPM’s demand that “she retract her statements about Rolfe’s firing and

3 issue a public apology,” EPM filed suit against Greene and others, asserting claims of

defamation and false light invasion of privacy. Id. at 210. Greene thereafter answered

and moved to dismiss or strike the complaint in accordance with the anti-SLAPP

statute. In an October 2021 order, the Fulton County Superior Court granted Greene’s

motion; the October 2021 order concluded that Greene had demonstrated, in

accordance with OCGA § 9-11-11.1, that her speech was a matter of public concern and,

further, that EPM could not demonstrate a probability of success on its claims. Equity

Prime I, 366 Ga. App. at 210 (1). EPM thereafter appealed. While we agreed with the

trial court’s conclusion that Greene’s speech was a matter of public concern, we

remanded the matter for the trial court to reevaluate whether EPM could establish a

probability of success on its claims. Equity Prime I, 366 Ga. App. at 215 (2) (b).

On remand, the trial court issued a new, detailed order again concluding that

EPM could not demonstrate a probability of prevailing on its claims. Specifically, the

trial court concluded that EPM had not established that Greene’s comments amounted

to actionable defamation and, also, that EPM’s evidence was not legally sufficient to

support its claims because it was based, at least in part, on hearsay. The trial court also

concluded that, even if EPM’s claims were facially valid and supported with sufficient

4 evidence, the claims nevertheless failed as a matter of law because Greene’s statements

were conditionally privileged in accordance with OCGA § 51-5-7 (4) and because EPM

had failed to produce evidence that would defeat that privilege. Finally, the trial court

concluded that EPM was not entitled to discovery under the anti-SLAPP statute. EPM

now challenges this order on appeal; we address those arguments below.

II. EPM’s Defamation Claim

We first turn to the trial court’s conclusion that EPM has not demonstrated a

probability of success on its defamation claim.

In Georgia, a defamation claim has the following four elements: “(1) a false and

defamatory statement concerning the plaintiff; (2) an unprivileged communication to

a third party; (3) fault by the defendant amounting at least to negligence; and (4)

special harm or the actionability of the statement irrespective of special harm.”

(Citations and punctuation omitted.). American Civil Liberties Union v. Zeh, 312 Ga.

647, 650 (1) (b) (864 SE2d 422) (2021). The trial court’s order concerned only the first

and second elements of this claim, falsity and privilege. As explained below, we

conclude the trial court erred in ruling that EPM could not demonstrate the falsity

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