Legal Opinion
Fales v. Jacobs
Court of Appeals of Georgia
Decided October 1, 2003No. A03A1138PublishedCited by 14 opinions
1Opinion of the Court
Ruffin, Presiding Judge.
The trial court dismissed Mitchell Shawn Fales’ medical malpractice complaint for failure to file an expert affidavit in compliance with OCGA § 9-11-9.1. Fales appeals, admitting that his attorney’s secretary mistakenly filed the original complaint without an affidavit, but arguing that dismissal is improper because he filed an amended complaint with an affidavit. For reasons that follow, we affirm.
The relevant facts are not in dispute. Fales filed a medical malpractice complaint on April 24, 2001, just before the expiration of the applicable statute of limitation.…
2Cases cited2 opinions
- Sullivan v. FredericksCourt of Appeals of Georgia · 2001
- William L. Bonnell Co. v. Coweta County Board of Tax AssessorsCourt of Appeals of Georgia · 2001
3Cited by14 opinions
- Washoe Medical Center v. Second Judicial District Court of the State of Nevada ex rel. County of WashoeNevada Supreme Court · 2006
- Donjuan v. McDermottUtah Supreme Court · 2011
- Roberson v. NorthrupCourt of Appeals of Georgia · 2010
- Bardo v. LissCourt of Appeals of Georgia · 2005
- MCG Health, Inc. v. CaseyCourt of Appeals of Georgia · 2004
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