Padgett v. Crawford

As I agree with the position of the dissent in St. Joseph’s Hosp. v. Nease, 189 Ga. App. 239 (375 SE2d 241) (1988), I do not view the failure to file the required affidavit with the complaint, as required by OCGA § 9-11-9.1, as an amendable defect. In my view, therefore, appellant’s failure to file the affidavit with the complaint necessitated dismissal of the complaint by the trial court. Since it is well established that a judgment which is right for any reason should be affirmed, Waco Fire &c. Ins. Co. v. Roberson, 186 Ga. App. 38, 39 (366 SE2d 376) (1988), I concur in the judgment reached…