April 7, 2000

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Marquitta L. Portman
261 Pioneer Trail
Marietta, GA 30068-3470

RE: Marquitta L. Portman v. The Honorable George H. Kreeger, et. al - The Superior Court of Cobb County, State of Georgia, Civil Action File No.: 99-1-7941-24

Dear Mrs. Portman:

As you know, we represent Daryl Kidd ("Kidd") in the above-referenced matter. We are sending this letter, pursuant to the provisions of O.C.G.A. Section 51-7-80, et. seq. (the "Abusive Litigation Statute"), to notify you that Kidd intends to pursue an action or claim under Georgia's Abusive Litigation Statute against you following the termination of the above-referenced litigation, on the grounds that the filing, continuation and/or procurement of this action against Kidd constitutes abusive litigation.

O.C.G.A. Sec. 51-7-81 provides that:

Any person who takes an active part in the initiation, continuation or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts: (i) with malice, and (ii) without substantial justification.

"Without substantial justification" means that the civil proceeding, claim or other position asserted is "frivolous," "groundless in fact or in law," or "vexatious." O.C.G.A. 51-7-80.

Pursuant to the terms of the Abusive Litigation Statute, your claims against Kidd are wrongful since they are, at minimum, completely groundless in law. You assert in your Response to Kidd's Motion to Dismiss, or in the alternative, Motion for a More Definite Statement that "Defendant Daryl Kidd claims to have a valid lien on Plaintiff Marquitta L. Portman's home and residence, although he dismissed the action for foreclosure and then failed to bring the action again within the prescribed time period." Accordingly, you have filed suit against Kidd in this case because he elected not to pursue an action against you. Georgia law does not provide a cause of action premised upon one party's decision not to sue another party.

Thus, the procurement and initiation of the claims asserted against Kidd and the continued assertion of said claims lack substantial justification in that each claim is frivolous and vexatious, and groundless in fact and/or in law. As such, you have taken an "active part" in the "initiation and continuation" of "civil proceedings" while "acting with malice" and "without substantial justification," and in violation of the Abusive Litigation Statute and, therefore, are subject to liability for the tort of abusive litigation.

Pursuant to O.C.G.A. Sec. 51-7-84, it is a condition precedent to the Kidd's assertion of a claim for the tort of abusive litigation that you be given this written notice, informing you of Kidd's intent to assert a claim for abusive litigation. By reason of this notice, you are given an opportunity to voluntarily withdraw, abandon, discontinue or dismiss your claims in their entirety. Pursuant to O.C.G.A. Sec. 51-7-82(a). it shall be a complete defense to any claim for abusive litigation that any such person has voluntarily withdrawn, abandoned, discontinued or dismissed the assertion of such claims within thirty (30) days after the mailing of this notice.

If you do not dismiss your claims within thirty (30) days of the mailing of this notice, Kidd will seek all damages to which he is entitled by law. Please govern yourself accordingly.

Yours truly,

ARNALL GOLDEN & GREGORY, LLP

[Signature of Kari Mercer, by kec]

Kari A. Mercer, Esq.

KAM:smf

cc: Kristin R. Conner, Esq.
Daryl L. Kidd, Esq.

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