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SIMON v. GUNBY

No. A02A2025.

578 S.E.2d 482 (2003)

260 Ga. App. 3

SIMON et al. v. GUNBY.

Court of Appeals of Georgia.

Reconsideration Denied February 27, 2003.

Certiorari Granted May 19, 2003.

Attorney(s) appearing for the Case

Hall, Booth, Smith & Slover, Atlanta, Karl M. Braun, Justin M. Kerenyi, for appellants.

Curtis A. Thurston, Jr., Atlanta, for appellee.

MILLER, Judge.

Arthur Simon, M.D., and the Plastic Surgery Institute, P.C. appeal from the trial court's denial of their motion for summary judgment on Judy Gunby's malpractice claim. As res judicata bars Gunby's complaint, we reverse.

To prevail at summary judgment under OCGA § 9-11-56(c), the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving...

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