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JOYNER v. SCHIESS

No. A98A1696.

512 S.E.2d 62 (1999)

236 Ga. App. 316

JOYNER v. SCHIESS.

Court of Appeals of Georgia.

Certiorari Denied May 14, 1999.

Attorney(s) appearing for the Case

Gary P. Bunch, Carrollton, for appellant.

Hall, Booth, Smith & Slover, Mark A. Inman, Atlanta, Ashley D. Phillips, Gainesville, Timothy H. Bendin, Atlanta, for appellee.

SMITH, Judge.

This appeal arises out of the trial court's dismissal of Montine Joyner's medical malpractice action against Robert Schiess. The issue is whether Schiess waived his defense of insufficiency of service. Under the facts of this case, we hold that the trial court correctly concluded that Schiess did not waive the defense, and we affirm the dismissal of Joyner's action.

Joyner filed a medical malpractice...

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