Roberts v. Faust

I concur in the judgment because I am compelled to do so due to the whole court decision in Sisk v. Patel, 217 Ga. App. 156 (456 SE2d 718) (1995). However, a facsimile is not the equivalent of an affidavit, else why is it necessary to file the original affidavit after a facsimile is filed? In addition, the document initially filed in this case was not a facsimile of the affidavit subsequently filed after the twice-extended time had expired; the signatures differed.1

By deciding that a timely filed facsimile fulfills the requirements of OCGA § 9-11-9.1 (b), the court avoids the applicability of…