dissenting.
I respectfully dissent.
The tortious conduct of the defendants had no direct relationship with either the previous rezoning application or the pending suit appealing such denial. The lawsuit alleged defendants’ conduct was designed to block the private land sale, because the defendants wanted no development on plaintiff’s land under any circumstances. Thus defendants’ conduct was unrelated to the exempt conduct of the Anti-SLAPP Statute. The defendants’ conduct was part of the overall opposition to any development of this land whether under the existing zoning, non-Anti-SLAPP protection, or a rezoning, AntiSLAPP protection. Torrey’s purchase and development of the land for houses were under the existing City of Atlanta zoning and existing state and federal environmental laws and regulation. The defendants’ action was not directed as free speech or right of petition to influence the news media, the judiciary, public officials, or even the public, but such action was directed in private to a private person, Torrey, to chill the purchase by contract through harassment from the neighborhood and environmental groups and threat of costly litigation in terms of time and money. Such conduct falls outside the intent and purpose of not only the Anti-SLAPP Statute but also is not privileged conduct. This opinion constitutes an unreasonable judicial expansion of such narrowly drawn statutes contrary to the express intent of the General Assembly.
The cardinal rule of statutory construction is the determination of the legislative intent and purpose. Where a statute is clear, plain, and unambiguous, the courts must construe the statute according to its exact terms, because the language of the statute is a clear expression of the intent of the legislature in passing such statute, and courts are prohibited from broadening its application by judicial construction. Davis v. Emmis Publishing Corp., 244 Ga. App. 795 (536 SE2d 809) (2000) (Eldridge, J., concurring specially); see also Hollowell v. Jove, 247 Ga. 678, 681 (279 SE2d 430) (1981). Statutes in derogation of the common law must be strictly construed against the party asserting the right under the statute. Davis v. Emmis Publishing Corp., supra; Corner v. State, 223 Ga. App. 353, 355 (477 SE2d 593) (1996); Hester v. Chalker, 222 Ga. App. 783, 784 (476 SE2d 79) (1996).
Under the clear and unambiguous language of OCGA § 9-11-11.1 (c) as to the scope of the statute’s protection, the General Assembly expressly limited the statutory meaning of “ ‘act in furtherance of the *603right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern’ ” to a petition to a legislative, executive, judicial body, or “other official proceeding authorized by law” in connection with an issue under consideration or review before such body by any written or oral statement, writing, or petition, which applies only to certain First Amendment rights, and not all exercise of First Amendment rights. See OCGA § 9-11-11.1; Browns Mill Dev. Co. v. Denton, 247 Ga. App. 232-233 (1) (543 SE2d 65) (2000). Contrary to the majority, this was not broadly defined. The statute deals only with “abusive litigation that seeks to chill exercise of certain First Amendment rights” (Emphasis supplied.) Great Western Bank v. Southeastern Bank, 234 Ga. App. 420, 422 (507 SE2d 191) (1998); see also Browns Mill Dev. Co. v. Denton, supra at 233. Thus, to be covered by the statute, the conduct of free speech and petition to government must be the conduct that is the basis of suit. OCGA § 9-11-11.1 (a); see also caption of the Act in Ga. L. 1996, pp. 260-261; Browns Mill Dev. Co. v. Denton, supra at 233. To come within the statute, the speech or petition must be directed to or made before a legislative, executive, or judicial body in regard to an executive, legislative, or judicial proceeding or any other official proceeding authorized by law involving an issue of public interest or concern to influence its actions in such regard and not to private individuals or legal entities. OCGA § 9-11-11.1 (b), (c); Browns Mill Dev. Co. v. Denton, supra at 232-233.
Statutory privileged speech or action is public speech or action as a form of First Amendment petition directed to one or more branches of government to influence its official function, as opposed to private speech or action directed toward a private individual to influence such individual’s private action.5 See generally Nairon v. Land, 242 Ga. App. 259, 260 (529 SE2d 390) (2000). “[T]his statute shall not be broadened to extend the privilege of tort immunity that abrogates a common law cause of action by judicial construction.” Davis v. Emmis Publishing Corp., supra (Eldridge, J., concurring specially).
While the sale of plaintiff’s land was an issue of public interest or concern and involved free speech, this alone was insufficient to bring such conduct within the ambit of OCGA § 9-11-11.1 and did not *604create a legal interest, because the conduct was directed at a private corporate entity, Torrey, and was not directed to an executive, legislative, or judicial body during any proceeding authorized by law, even though there was a judicial appeal pending.6 Thus, statutory protection of the right of governmental petition cannot cloak private tortious action of a nonpetition nature designed to chill and to interfere with contract rights to which the defendants had no standing as parties or privies. See Davis v. Emmis Publishing Corp., supra (Eldridge, J., concurring specially).
This tort action may be a SLAPP suit in the broadest sense that it is directed toward community activists who seek to thwart; however, the defendants have no anti-SLAPP protection under either the narrowly drawn definition of SLAPP protection under OCGA § 9-11-11.1 or § 51-5-7 (4), because the General Assembly chose to narrowly tailor the protection of the statute to exclude anything other than petitions to governmental entities or public comment to influence government.7
In this case, the conduct complained of did not occur before any legislative, executive, or judicial body, nor was such conduct part of any legislative, executive, judicial, or any other official proceeding authorized by law as an exercise of petition, nor was it public comment to influence a governmental or judicial body in its decision making. It was a blatant attempt to stop the sale of the land for development for homes. Thus, it was private action directed to private individuals rather than governmental petition or an effort to influence government action. See Browns Mill Dev. Co. v. Denton, supra at 232-233.
Under the complaint, the conduct involved defendants (1) calling the police to stop soil testing on plaintiff’s land by Torrey; (2) defendants’ counsel writing to plaintiff’s counsel and Torrey threatening lawsuit if further soil or wetland disturbance occurred on the plaintiff’s land; and (3) having direct contact with Torrey demanding to know if it intended to exercise its contract option to purchase plaintiff’s land and to build homes on the land within the existing zoning. Plaintiff contended in its complaint that all of such conduct was intended to threaten, coerce, and intimidate Torrey with trouble, delay, and expense from community action, opposition, and threat of lawsuit so that it would chill the purchase of plaintiff’s land and thereby avoid development of the land. It was alleged that this action *605by the defendants intentionally and maliciously chilled plaintiff’s business opportunity and drove off the prospective purchaser. None of such private conduct comes within OCGA § 9-11-11.1, because the conduct did not involve a petition of government or free speech directed toward the influence of government action. Compare Providence Constr. Co. v. Bauer, 229 Ga. App. 679, 680 (1) (494 SE2d 527) (1997) (physical precedent only) (written petition opposing rezoning, letters to county officials, and speaking before the county planning commission in opposition to the rezoning, such conduct was petition of government) and Browns Mill Dev. Co. v. Denton, supra at 232-233 (written materials directed to public officials and the news media to influence zoning and the enforcement of environmental laws and regulations).
Further, even if defendants’ conduct came within OCGA § 9-11-11.1 (b), the timely skeletal statutorily mandated verifications by plaintiff and by his counsel filed with the complaint satisfied the statutory requirements that it was sworn to, had not been interposed for an improper purpose, and was meritorious. OCGA § 9-11-11.1 (b); Davis v. Emmis Publishing Corp., supra; In re Carter, 235 Ga. App. 551, 553 (1) (510 SE2d 91) (1998). There was substantial compliance with the statute. See OCGA § 1-3-1 (c); Health Horizons v. State Farm &c. Ins. Co., 239 Ga. App. 440, 443-444 (521 SE2d 383) (1999).
The majority is correct that OCGA § 51-5-7 (4) was added in the same Act that created OCGA § 9-11-11.1, but such amendment did not extend to other provisions under OCGA § 51-5-7; specifically, OCGA § 51-5-7 (3) (good faith intent to protect an interest) was not made applicable as argued by the majority. Ga. L. 1996, p. 260, §§ 1, 2. However, the privilege under OCGA § 51-5-7 (4) is limited to free speech and right to petition government for a redress of grievances on matters of public interest as defined in OCGA § 9-11-11.1 and does not extend to private action outside the ambit of the AntiSLAPP Statute. See generally Browns Mill Dev. Co. v. Denton, supra at 232-233.
Thus, the speaker’s interest does not provide a qualified privilege under OCGA § 51-5-7 (3) to interfere with private contract rights to which they are strangers, and such interpretation as urged by the majority would create an unjustified expansion of OCGA §§ 9-11-11.1 and 51-5-7 (3).
The particular privilege applicable here is the protection of the spéaker’s interest under OCGA § 51-5-7 (3). This privilege, while primarily applicable to claims of libel and slander, may also be asserted as a defense to a claim for tortious interference with contractual relations. Statements made with a good faith intent on the part of the speaker to protect *606his interest in a matter in which he is concerned are privileged. OCGA § 51-5-7 (3). To make the defense of privilege complete . . . good faith, an interest to be upheld, a statement properly limited in its scope, a proper occasion, and publication to proper persons must all appear.
(Citations and punctuation omitted.) Choice Hotels Intl. v. Ocmulgee Fields, 222 Ga. App. 185, 188 (2) (474 SE2d 56) (1996); see also NationsBank v. SouthTrust Bank of Ga., 226 Ga. App. 888, 892 (1) (A) (1) (487 SE2d 701) (1997) (physical precedent only).
The tortfeasor must be a “stranger” to the business relationship at issue; a party, under appropriate circumstances, can be a non-signer of a particular contract and yet not be a stranger to the contract itself or to the business relationship giving rise thereto and underpinning it.
(Citations omitted.) Renden, Inc. v. Liberty Real Estate &c., 213 Ga. App. 333, 336 (2) (b) (444 SE2d 814) (1994). “ ‘The term “malicious” or “maliciously” means any unauthorized interference or any interference without justification or excuse.’” St. Mary’s Hosp. of Athens v. Radiology Professional Corp., 205 Ga. App. 121, 124 (2) (421 SE2d 731) (1992). The defendants had no legal interest recognized within the law to interfere with the contract.
Choice Hotels Intl. v. Ocmulgee Fields, supra at 188-189, as relied upon by the majority for the expansion of a good faith interest, provides no privilege to the defendants in this case under either the facts or law, because in that case, Choice had an existing contractual relationship regarding the franchise by contract, which Ocmulgee sought to transfer to Holiday Inn; thus, Choice had a material pecuniary interest in the transfer of the franchise from it to Holiday Inn and was not a stranger to the contract. In this case, the defendants were strangers to the contract and had no legal interest or standing but sought to chill the contract to prevent the contract’s exercise. Id. at 188. To hold otherwise will unreasonably expand the effect of this Anti-SLAPP Statute beyond the express intent of the General Assembly.
Further, unless the allegations of the complaint disclose with certainty that plaintiff would not be entitled to relief under any state of provable facts, a complaint should not be dismissed. See Storm Systems v. Kidd, 157 Ga. App. 527, 528 (3) (278 SE2d 109) (1981); see also Tri-City Sanitation v. Action Sanitation Svc., 227 Ga. 489 (181 SE2d 377) (1971). In deciding such motion to dismiss for failure to state a cause of action, all pleadings must be construed most favorably to the pleader, and all doubts regarding the pleadings must be *607resolved in the pleader’s favor. Anderson v. Flake, 267 Ga. 498, 501 (2) (480 SE2d 10) (1997); Cellular One v. Emanuel County, 227 Ga. App. 197-198 (489 SE2d 50) (1997).
Tortious interference with contractual, business, or potential business relations occurs when (1) there is improper action or wrongful conduct by the defendant without privilege; (2) the defendant acted purposely and with malice with the intent to injure; (3) the defendant induced a breach of contractual obligations or caused a party or third parties to discontinue or fail to enter into an anticipated business relationship with the plaintiff; and (4) the tortious conduct proximately caused damage to the plaintiff Hylton v. American Assn. &c., 214 Ga. App. 635, 638 (2) (448 SE2d 741) (1994); Renden, Inc. v. Liberty Real Estate &c., supra at 334-335 (2). Plaintiff’s complaint has pled all these elements.
Also, plaintiff has pled that the defendants interfered with his property rights by disturbing survey stakes and monuments. OCGA § 44-1-15. Thus, a question of fact has been created.
A dismissal under OCGA § 9-11-11.1 (b) and (c) is in abatement and not in bar under OCGA § 9-11-12 (b) and does not act as an adjudication upon the merits. See Browns Mill Dev. Co. v. Denton, supra at 236, n. 2. An adjudication on the merits by OCGA § 9-11-12 (b) (6) (motion to dismiss for failure to state a claim), (c) (judgment on the pleadings), or § 9-11-56 (summary judgment) are inappropriate means to deal with a defense in abatement. See Terrell v. Porter, 189 Ga. App. 778, 779-780 (2) (377 SE2d 540) (1989). “Subject matter jurisdiction is simply a power that is conferred by law upon a class of cases that authorizes a court within such class to grant a particular form of relief that might be sought by, or accorded to, a party before it.” Wallace v. Meyer, 260 Ga. 253, 255 (5) (b) (394 SE2d 350) (1990). Where a trial court is deprived of such powers when a condition precedent to sue has not been satisfied, the trial court lacks subject matter jurisdiction under those circumstances unless and until the condition precedent is met. Since the filing of an adequate affidavit is a condition precedent to instituting an action coming within the AntiSLAPP Statute, then failure to comply requires the trial court to involuntarily dismiss without prejudice or strike such action, i.e., lack of subject matter jurisdiction. See generally Empire Fire &c. Ins. Co. v. Metro Courier Corp., 234 Ga. App. 670, 673 (2) (507 SE2d 525) (1998); Rehco Corp. v. California Pizza Kitchen, 192 Ga. App. 92, 94 (383 SE2d 643) (1989); Taco Bell Corp. v. Carlson Corp., 190 Ga. App. 481, 483 (379 SE2d 6) (1989). Thus, I agree with the majority that a dismissal under the Anti-SLAPP Statute, OCGA § 9-11-11.1, does not constitute an adjudication on the merits and should not be dealt with by summary judgment.
I am authorized to state that Judge Barnes joins in this dissent.
*608Decided March 14, 2001. Hawkins & Parnell, Jack N. Sibley, Carl H. Anderson, Jr., for appellant. Goodman, McGuffey, Aust & Lindsey, Judy F. Aust, Ernest R. Bennett, Jr., Stack & Associates, Donald D. J. Stack, Martin A. Shelton, Michael W. Broadbear, for appellees.Field, v. Kearns, 43 Conn. App. 265 (682 A2d 148, 153) (1996); see also Beatty, The Legal Literature on SLAPPs: A Look Behind the Smoke Nine Years After Pring and Canan First Yelled “Fire!”, 9 U. Fla. J. L. & Pub. Pol’y, 85, 96 (1997); Baruch, If I Had a Hammer: Defending SLAPP Suits in Texas, 3 Tex. Wesleyan L. Rev. 55, 57 (1996); Hargus, Civil Practice Act: Prohibit a Civil Litigant from Interposing a Claim for Improper Purpose, 13 Ga. St. U. L. Rev. 23, 28 (1996).
“The Act narrowed the definition of protected speech as originally proposed. The original version covered ‘any written or oral statement, writing, or petition made in a place open to the public or a public forum in connection with an issue of public interest or concern.’ ” (Citations omitted.) 13 Ga. St. U. L. Rev., supra at 29, n. 53.
13 Ga. St. U. L. Rev., supra at 29, n. 53.