Legal Opinion
Joyner v. Schiess
Court of Appeals of Georgia
Decided February 9, 1999No. A98A1696PublishedCited by 16 opinions
1Opinion of the Court
Smith, Judge.
This appeal arises out of the trial court’s dismissal of Montine Joyner’s medical malpractice action against Robert Schiess. The issue is whether Schiess waived his defense of insufficiency of service. Under the facts of this case, we hold that the trial court correctly concluded that Schiess did not waive the defense, and we affirm the dismissal of Joyner’s action.
Joyner filed a medical malpractice action against Schiess and three other defendants on March 4, 1996, arising out of alleged injuries that recurred during May 1994. Service was attempted on Schiess on March 7, 1996,…
2Cases cited12 opinions
- State v. JoynerSupreme Court of North Carolina · 1978
- Georgia Power Co. v. O'BryantCourt of Appeals of Georgia · 1983
- Roberts v. BienertCourt of Appeals of Georgia · 1987
- Garrett v. GodbyCourt of Appeals of Georgia · 1988
- Bigley v. LawrenceCourt of Appeals of Georgia · 1979
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lybbert v. Grant CountyWashington Supreme Court · 2000
- Brown v. Fokes Properties 2002, Inc.Supreme Court of Georgia · 2008
- Exum v. MeltonCourt of Appeals of Georgia · 2000
- Pryor v. Douglas Shopper — Coffee County NewsCourt of Appeals of Georgia · 1999
- Ragan v. MallowCourt of Appeals of Georgia · 2012
11 more not listed; retrieve them via the Exa API.