Legal Opinion

Cotton v. Surrency

Court of Appeals of Georgia

Decided January 9, 2006No. A05A1679PublishedCited by 2 opinions

1Opinion of the Court

ANDREWS, Presiding Judge.

Thomas E. Cotton filed suit on August 10, 2004, against Robert E. Surrency, PC., and individually, alleging breach of employment contract, breach of fiduciary duty, and fraud arising from Surrency’s representation of him in a criminal matter in 1999. Cotton, pro se, appeals from the trial court’s grant on December 2, 2004, of Surrency’s motion to dismiss for failure to state a claim after Cotton had voluntarily dismissed his complaint on November 29, 2004.

Pursuant to OCGA § 9-11-41 (a) (1), subject to limitations not applicable here, “an action may be dismissed by the…

2Cases cited4 opinions

  1. Smith v. Memorial Medical Center, Inc.Court of Appeals of Georgia · 1993
  2. Lakes v. Marriott Corp.Supreme Court of Georgia · 1994
  3. C & S Industrial Supply Co. v. Proctor & Gamble Paper Products Co.Court of Appeals of Georgia · 1991
  4. Lotman v. Adamson Contracting, Inc.Court of Appeals of Georgia · 1996

3Cited by2 opinions

  1. Lewis v. City of SavannahCourt of Appeals of Georgia · 2016
  2. Mariner Health Care, Inc. v. Pricewaterhousecoopers, LLPCourt of Appeals of Georgia · 2006

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