BEVERAGE CORPORATION v. BOTTLE SHOP LLC (2025)

In P&J Beverage Corp. v. The Bottle Shop, 372 Ga. App. 461, 904 S.E.2d 125 (2024), this Court affirmed the jury's verdict in favor of The Bottle Shop. However, in P&J Beverage Corp. v. The Bottle Shop, ––– Ga. ––––, ––– S.E.2d ––––, 2025 WL 2312073 (S25G0016, Aug. 12, 2025), the Supreme Court of Georgia found that The Bottle Shop failed to provide adequate statutory notice for its abusive litigation claim, and, as such, the trial court erred by denying P&J's motions for a directed verdict and for judgment notwithstanding the verdict on this claim, and this Court erred by affirming the trial court. Id. at (3) (c). The Supreme Court vacated the judgment of the trial court and remanded the case to the trial court “to determine what portion of the awards, if any, is still valid, and to determine whether a retrial is necessary” in light of the Supreme Court's holding. Id. at (4). Thus, we vacate our opinion in this case and adopt the opinion of our Supreme Court as our own.

Judgment vacated and case remanded.

Mercier, Judge.

McFadden, P. J., and Rickman, P. J., concur.