Phillips v. Hertz Commercial Leasing Corp.

Deen, Presiding Judge.

Neither appellant’s original complaint or his amended one sets forth the affirmative defense of fraud, as required by Code Ann. § 81A-108 (c), generally or with particularity under Code Ann. § 81A-109 (b). Fraud may not be raised for the first time on appeal. Bunge Corp. v. Recker, 519 F2d 449; Ranger Ins. Co. v. Culberson, 454 F2d 857, 862, cert. den. 407 U. S. 916 (92 SC 2440, 32 LE2d 691). The failure of the appellant to plead the affirmative defense of fraud precludes him from offering evidence on such defense at trial. Stalvey v. Osceola Industries, Inc., 124 Ga.…