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FALES v. JACOBS

No. A03A1138.

588 S.E.2d 294 (2003)

263 Ga. App. 461

FALES v. JACOBS et al.

Court of Appeals of Georgia.

October 1, 2003.

Attorney(s) appearing for the Case

Gerald W. Bassett, Savannah, for appellant.

Coleman, Talley, Newbern, Kurrie Preston & Holland, Wade H. Coleman, Edward E. Preston, Valdosta, Michael G. Frick, Decatur, Emily J. Brantley, Lawrenceville, for appellee.

RUFFIN, Presiding Judge.

The trial court dismissed Mitchell Shawn Fales' medical malpractice complaint for failure to file an expert affidavit in compliance with OCGA § 9-11-9.1. Fales appeals, admitting that his attorney's secretary mistakenly filed the original complaint without an affidavit, but arguing that dismissal is improper because he filed an amended complaint with an affidavit. For reasons that follow, we affirm.

The relevant facts are not...

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