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DIXON v. BARNES

A94A1055.

214 Ga. App. 7 (1994)

DIXON v. BARNES.

Court of Appeals of Georgia.

Decided July 14, 1994.

Attorney(s) appearing for the Case

Shaw, Maddox, Graham, Monk & Boling, David F. Guldenschuh, for appellant.

Davidson & Strain, William E. Davidson, Jr., for appellee.

ANDREWS, Judge.

We granted Dixon's application for an interlocutory appeal from the trial court's order denying his motion to dismiss Barnes' medical malpractice complaint for failure to timely file the expert affidavit required by OCGA § 9-11-9.1 and granting Barnes an extension of time to file the affidavit.

Because the statute of limitation expired within ten days of the filing of her complaint on May 24, 1993, Barnes relied upon the provisions

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