MURRAH v. FENDER

No. A06A0914.

639 S.E.2d 595 (2006)

MURRAH v. FENDER, et al.

Court of Appeals of Georgia.

November 30, 2006.


Attorney(s) appearing for the Case

Wade H. Coleman, Gregory T. Talley, Edward F. Preston, Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta, for appellant.

Timothy L. Eidson, Berrien L. Sutton, Ronald W. Hallman, for appellees.


BERNES, Judge.

This appeal involves the question of whether appellees were required to contemporaneously file an expert affidavit with their complaint in order to avoid dismissal. Because we conclude that the appellees' allegations of fraud, misrepresentation, and deceit fall outside of the scope of OCGA § 9-11-9.1, we affirm the trial court's denial of appellant's motion to dismiss.

On review from the grant of a motion to dismiss, "we treat all well...

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