Glaser v. Meck

Smith, Justice.

1. Under OCGA § 9-11-12 (b), all defenses (except certain enumerated motions) “shall be asserted in the responsive pleadings.”

The defense raised by the appellee, Dr. Meek (a failure to attach to the complaint at the time of filing a certain affidavit) was not “asserted in the responsive pleading.” Nor was that defense one of the enumerated motions.

Indeed, it was not presented, by way of amendment to the answer, until three months after the filing of responsive pleadings, and until the statute of limitations on the underlying claim had run.

2. Had the failure to comply with new…