Murrah v. Fender

Bernes, Judge.

This appeal involves the question of whether appellees were required to contemporaneously file an expert affidavit with their complaint in order to avoid dismissal. Because we conclude that the appellees’ allegations of fraud, misrepresentation, and deceit fall outside of the scope of OCGA § 9-11-9.1, we affirm the trial court’s denial of appellant’s motion to dismiss.

On review from the grant of a motion to dismiss, “we treat all well-pled material allegations by the nonmovant as true and all denials by the movant as false.” (Citation and punctuation omitted.) Shuler v. Hicks,…