Smith v. Emory University

Marshall, Judge.

Mrs. Smith appeals the trial court’s denial of her motion to vacate an order discharging three parties defendant from her malpractice complaint. It appears from the record that Mrs. Smith’s counsel expressly stipulated to the discharge of these defendants presumably on the grounds that the statute of limitation had run as to them. Mrs. Smith based her motion to vacate on the ground that her attorney’s agreement to discharge, these defendants from her lawsuit was without her consent and over her objection. Held:

While there may have been some question as to whether the statute…