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BALOTIN v. SIMPSON

No. A07A0605.

650 S.E.2d 253 (2007)

BALOTIN et al. v. SIMPSON et al.

Court of Appeals of Georgia.

Reconsideration denied July 25, 2007.

Attorney(s) appearing for the Case

Chambless, Higdon, Richardson, Katz & Griggs, Emmitte H. Griggs, Norman C. Pearson, III, Macon, for Appellant.

Mark L. Stuckey, Macon, for Appellee.

RUFFIN, Judge.

Kenneth and Julie Simpson (collectively, "the Simpsons") filed a medical malpractice claim against several medical providers, including Dr. Robert Balotin and Radiology Associates of Houston County. The defendants moved to dismiss the complaint, arguing it was brought beyond the five-year statute of repose. The trial court denied the motion, and we granted the defendants' application for interlocutory appeal. For reasons that follow, we reverse.

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