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FALANGA v. KIRSCHNER & VENKER, P.C.

No. A07A0142.

648 S.E.2d 690 (2007)

FALANGA et al. v. KIRSCHNER & VENKER, P.C. et al.

Court of Appeals of Georgia.

June 25, 2007.

Attorney(s) appearing for the Case

Robert A. Falanga, Falanga & Chalker, for appellants.

Thomas J. Venker, Kirschner & Venker, James T. McDonald Jr., Swift, Currie, McGhee & Hiers, Atlanta, for appellees.

BERNES, Judge.

Robert A. Falanga and Ronald F. Chalker appeal from the trial court's grant of summary judgment disposing of their counterclaim alleging fraudulent billing and legal malpractice. The trial court concluded that the counterclaim was barred by the applicable statute of limitation and the doctrine of judicial estoppel. For the reasons set forth below, we affirm in part and reverse in part.

Summary judgment is proper when there is no genuine issue...

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