FREEMAN v. VAN DYKE, 193 Ga. App. 190 (1989)

387 S.E.2d 351

FREEMAN v. VAN DYKE.

A89A0951.Court of Appeals of Georgia.
DECIDED SEPTEMBER 25, 1989. REHEARING DENIED OCTOBER 16, 1989.

CARLEY, Chief Judge.

Appellant-plaintiff filed suit, alleging a medical malpractice claim against appellee-defendant physician. Appellee answered and subsequently moved to dismiss for appellant’s failure to file an expert’s affidavit with the complaint. The trial court granted appellee’s motion and appellant appeals.

The trial court did not err in dismissing appellant’s complaint because of his failure to attach the expert’s affidavit mandated by OCGA § 9-11-9.1. Piedmont Hosp. v. Milton, 189 Ga. App. 563
(377 S.E.2d 198) (1988). Compare Bell v. Figueredo, 259 Ga. 321 (380 S.E.2d 29) (1989).

Judgment affirmed. McMurray, P. J., concurs. Beasley, J., concurs in judgment only.

DECIDED SEPTEMBER 25, 1989 — REHEARING DENIED OCTOBER 16, 1989 — CERT. APPLIED FOR.
Medical malpractice. Glynn Superior Court. Before Judge Killian.

William J. Freeman, pro se.
Gilbert, Whittle, Harrell Scarlett, Wallace E. Harrell III, Timothy Harden III, for appellee.

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