Q: At fault if you ask a neighbor to cut down another neighbors trees but didn't actually commit the act yourself in GA?
Defendant is being sued by her neighbor (Plaintiff) for asking another neighbor (potential witness) to cut down three dead trees from the plaintiffs property. The neighbor who actually committed the act of cutting said trees was not coerced, paid for services, or manipulated to commit the act by the D and the neighbor is not being sued by Plaintiff. Is the Defendant liable for simply having an open conversation regarding cutting trees down on what the Defendant and neighbor believed to be common land?
We filed an Answer but now want to file a Motion to Dismiss as the D did not commit the act and did not expect the neighbor to actually remove the trees. Also, what statute can we reference in the dismissal. Thank you
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