This case is before us on remand from the Supreme Court of Georgia. In the original case, American Civil Liberties Union v. Zeh
1
(“Zeh I”), the American Civil Liberties Union, Inc. (“ACLU”) appealed the trial courts denial of its motion to strike B. Reid Zehs defamation lawsuit pursuant to Georgias anti-Strategic Lawsuits Against Public Participation (“anti-SLAPP”) statute, OCGA § 9-11-11.1. We affirmed the trial courts ruling. 2
In American Civil Liberties Union v. Zeh
3
(“Zeh II”), the Supreme Court of Georgia granted the ACLUs petition for certiorari “to address what standard of judicial review applies in this situation and whether, under that standard, the trial court erred by denying the anti-SLAPP motion to strike.” 4
The Supreme Court held that the trial court erred because Zeh had not established a probability of prevailing on his defamation claim under the second part of the anti-SLAPP test.
5
The Court thus reversed our decision upholding the trial courts ruling.
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“That conclusion does not fully resolve this case, however.”
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The trial court did not rule on Zehs motions for discovery, which would have been moot if the trial courts original ruling denying the motion to strike had been correct.
8
The trial court erred, however, and it could not be determined “as a matter of law that the discovery requested could not lead to additional evidence that would support Zehs defamation claim and make granting the ACLUs motion to strike improper.”
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Accordingly, the Supreme Court remanded with direction that we remand the case to the trial court to rule on Zehs discovery motions.
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Now that the case is before us on remand, we vacate our opinion in Zeh I, and adopt the Supreme Courts opinion in Zeh II as our own. We therefore reverse the trial courts ruling on the ACLUs anti-SLAPP motion and remand to the trial court with instruction to rule on Zehs discovery motions and then proceed in a manner consistent with Zeh II. Judgment reversed and case remanded with direction.
FOOTNOTES
1
. 355 Ga. App. 731, 845 S.E.2d 698 (2020).
2
. Id.
3
. 312 Ga. 647, 864 S.E.2d 422 (2021).
4
. Id. at 648, 864 S.E.2d 422.
5
. Id. at 674 (4), 864 S.E.2d 422.
6
. Id.
7
. Zeh II, 312 Ga. at 674 (5), 864 S.E.2d 422.
8
. Id. at 675 (5), 864 S.E.2d 422.
9
. Id.
10
. Id. at 675-676 (5), 864 S.E.2d 422.
Reese, Judge.
Markle and Pinson, JJ., concur.