Brantley v. Dubois

Court of Appeals of Georgia

Brantley v. Dubois

776 S.E.2d 662, 333 Ga. App. 728, 2015 Ga. App. LEXIS 512, 2015 WL 4938374

CourtCourt of Appeals of Georgia

DecidedAugust 20, 2015

DocketA13A2175

StatusPublished

This text of 776 S.E.2d 662 (Brantley v. Dubois) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brantley v. Dubois, 776 S.E.2d 662, 333 Ga. App. 728, 2015 Ga. App. LEXIS 512, 2015 WL 4938374 (Ga. Ct. App. 2015).

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Opinion

ANDREWS, Presiding Judge.

In Brantley v. Dubois, 327 Ga. App. 14 (755 SE2d 351) (2014), we reversed the judgment of the State Court of Glynn County denying the defendants’ renewed motion to dismiss or, in the alternative, motion for summary judgment based upon the plaintiffs’ alleged failure to comply with the affidavit requirement of OCGA §§ 9-11-9.1 and 24-7-702. In Dubois v. Brantley, 297 Ga. 575 (775 SE2d 512) (2015), the Supreme Court reversed. Accordingly, this Court’s prior judgment is vacated; the judgment of the Supreme Court is made the judgment of this Court; and the judgment of the State Court of Glynn [729]*729County denying the defendants’ renewed motion to dismiss or, in the alternative, motion for summary judgment is affirmed.

Decided August 20, 2015. Hall Booth Smith, N. Daniel Lovein, Charles A. Dorminy, William S. Mann, for appellants. Savage & Turner, Brent J. Savage, Kathryn H. Pinckney, for appellees.

Judgment affirmed.

Dillard and McMillian, JJ., concur.

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ANDREWS, Presiding Judge.

In Brantley v. Dubois, 327 Ga. App. 14 (755 SE2d 351) (2014), we reversed the judgment of the State Court of Glynn County denying the defendants’ renewed motion to dismiss or, in the alternative, motion for summary judgment based upon the plaintiffs’ alleged failure to comply with the affidavit requirement of OCGA §§ 9-11-9.1 and 24-7-702. In Dubois v. Brantley, 297 Ga. 575 (775 SE2d 512) (2015), the Supreme Court reversed. Accordingly, this Court’s prior judgment is vacated; the judgment of the Supreme Court is made the judgment of this Court; and the judgment of the State Court of Glynn [729]*729County denying the defendants’ renewed motion to dismiss or, in the alternative, motion for summary judgment is affirmed.

Decided August 20, 2015. Hall Booth Smith, N. Daniel Lovein, Charles A. Dorminy, William S. Mann, for appellants. Savage & Turner, Brent J. Savage, Kathryn H. Pinckney, for appellees.

Judgment affirmed.

Dillard and McMillian, JJ., concur.

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Bluebook (online)

776 S.E.2d 662, 333 Ga. App. 728, 2015 Ga. App. LEXIS 512, 2015 WL 4938374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brantley-v-dubois-gactapp-2015.

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