Allen v. Caldwell

Andrews, Judge.

Shirley and John Allen appeal the trial court’s order granting defendant Alton Caldwell, D.O.’s, motion to dismiss their complaint in the underlying medical malpractice case. Caldwell’s motion to dismiss was based on the Allens’ failure to comply with the mandates of *55OCGA § 9-11-9.1. We affirm.

1. On December 16, 1994, the Allens filed the underlying renewal of their medical malpractice action pursuant to OCGA § 9-2-61. Attached to their renewed complaint was a copy of an unnotarized affidavit signed by Steven Todd Flax, M.D., that had been transmitted by facsimile to the…