City of Saint Marys v. Stottler Stagg & Associates, Inc.

I respectfully dissent to Division 2 of the majority opinion. I cannot agree with such a constricted application of Code Ann. § 38-711, especially since the express intention of the statute is “... that it shall be liberally interpreted and applied.” Code Ann. § 38-711; Minnich v. First Nat. Bank, 152 Ga. App. 833, 834 (264 SE2d 287); One In All Corp. v. Fulton Nat. Bank, 108 Ga. App. 142 (3) (132 SE2d 116). See also Eiberger v. Martel Electronic Sales, 125 Ga. App. 253 (1) (187 SE2d 327).

In the instant case the foundation could probably have been more effectively established by certain…