CAREY v. HOUSTON ORAL SURGEONS, LLC

No. A03A2405.

595 S.E.2d 633 (2004)

265 Ga. App. 812

CAREY v. HOUSTON ORAL SURGEONS, LLC et al.

Court of Appeals of Georgia.

February 24, 2004.


Attorney(s) appearing for the Case

George W. McGriff & Associates, George W. McGriff, Bernard R. Thomas, Sr., Eric E. Wyatt, Atlanta, for appellant.

Daniel, Lawson, Tuggle & Jerles, Robert T. Tuggle III, Jones Day, Michael J. McConnell, Joseph E. Finley, Atlanta, for appellees.


MIKELL, Judge.

Pursuant to the terms of a purchase agreement, the Houston County Superior Court ordered Dr. Vincent M. Carey to pay attorney fees to the defendants in this case. After the entry of that order, the defendants and Carey executed a mutual release, which expressly included the release of claims for attorney fees. Carey contends that the mutual release negated the prior award of attorney fees. We agree and reverse.

The record shows that in 1979...

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