Legal Opinion

Carey v. Houston Oral Surgeons, LLC

Court of Appeals of Georgia

Decided February 24, 2004No. A03A2405PublishedCited by 16 opinions

1Opinion of the Court

Mikell, Judge.

Pursuant to the terms of a purchase agreement, the Houston County Superior Court ordered Dr. Vincent M. Carey to pay attorney fees to the defendants in this case. After the entry of that order, the defendants and Carey executed a mutual release, which expressly included the release of claims for attorney fees. Carey contends that the mutual release negated the prior award of attorney fees. We agree and reverse.

The record shows that in 1979, Clyde D. Marlow formed the professional association, Clyde D. Marlow, D.D.S., M.Sc., Oral & Maxillofacial Surgery, P.A. (“OMS”). After…

2Cases cited10 opinions

  1. Rice v. HuffCourt of Appeals of Georgia · 1996
  2. Darby v. MathisCourt of Appeals of Georgia · 1994
  3. Gwinnett County v. DavisSupreme Court of Georgia · 1997
  4. Bradley v. British Fitting Group, PLCCourt of Appeals of Georgia · 1996
  5. Stacey v. JonesCourt of Appeals of Georgia · 1998

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3Cited by16 opinions

  1. DeRossett Enterprises, Inc. v. General Electric Capital Corp.Court of Appeals of Georgia · 2005
  2. UniFund Financial Corp. v. DonaghueCourt of Appeals of Georgia · 2007
  3. Lamb v. Fulton-Dekalb Hospital AuthorityCourt of Appeals of Georgia · 2009
  4. City of Demorest v. Roberts & Dunahoo Properties, LLCCourt of Appeals of Georgia · 2007
  5. Berger v. WelshCourt of Appeals of Georgia · 2014

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