Ferguson v. City of Doraville ( 1988 )

Deen, Presiding Judge,

concurring in part and dissenting in part.

It is difficult to agree with all that is said in the majority opinion as to “problematical, thrusting us . . . into mind-numbing battle . . . many-headed hydra . . . tail that wags the dog . . . nascent tendency” as applied to abusive litigation counterclaims, and with the position of dissent offered for the purpose of easing “the collective mind of the bench and bar.” I do agree, however, with the result and basic rationale advanced in Judge Benham’s concurrence in part and dissent in part.