Freeman v. Van Dyke

Court of Appeals of Georgia

Freeman v. Van Dyke

387 S.E.2d 351, 193 Ga. App. 190, 1989 Ga. App. LEXIS 1380

CourtCourt of Appeals of Georgia

DecidedSeptember 25, 1989

DocketA89A0951

StatusPublished

This text of 387 S.E.2d 351 (Freeman v. Van Dyke) 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.

Bluebook

Freeman v. Van Dyke, 387 S.E.2d 351, 193 Ga. App. 190, 1989 Ga. App. LEXIS 1380 (Ga. Ct. App. 1989).

Pincite

Opinion

Carley, Chief Judge.

Appellant-plaintiff filed suit, alleging a medical malpractice claim against appellee-defendant physician. Appellee answered and subsequently moved to dismiss for appellant’s failure to file an expert’s affidavit with the complaint. The trial court granted appellee’s motion and appellant appeals.

The trial court did not err in dismissing appellant’s complaint because of his failure to attach the expert’s affidavit mandated by OCGA § 9-11-9.1. Piedmont Hosp. v. Milton, 189 Ga. App. 563 (377 SE2d 198) (1988). Compare Bell v. Figueredo, 259 Ga. 321 (380 SE2d 29) (1989).

Judgment affirmed.

McMurray, P. J., concurs. Beasley, J., concurs in judgment only.

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