GLASER v. MECK

45685.

258 Ga. 468 (1988)

369 S.E.2d 912

GLASER et al. v. MECK et al.

Supreme Court of Georgia.

Reconsideration Denied July 29, 1988.


Attorney(s) appearing for the Case

Sell & Melton, John A. Draughon, for appellants.

Smith, Gambrell & Russell, David A. Handley, Stephen F. Dermer, for appellees.

Richard L. Greene, H. Andrew Owen, Jr., James E. Butler, Jr., Thomas W. Bennett, Thomas W. Malone, Thomas S. Carlock, Allen F. Harris, Maurice N. Maloof, J. David Dantzler, Jr., Virginia B. Peterson, amici curiae.


SMITH, Justice.

1. Under OCGA § 9-11-12 (b), all defenses (except certain enumerated motions) "shall be asserted in the responsive pleadings."

The defense raised by the appellee, Dr. Meck (a failure to attach to the complaint at the time of filing a certain affidavit) was not "asserted in the responsive pleading." Nor was that defense one of the enumerated motions.

Indeed, it was not presented, by way of amendment to the answer, until three...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases