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Kalustian v. McDonald

Court of Appeals of Georgia
Feb 7, 1990
390 S.E.2d 657 (Ga. Ct. App. 1990)

Opinion

A89A1998.

DECIDED FEBRUARY 7, 1990.

Legal malpractice. Whitfield Superior Court. Before Judge Temples.

Ralph Kalustian, pro se. E. Crawford McDonald, Robert B. Wedge, for appellee.


Appellant, acting pro se, filed a legal malpractice suit against appellee/attorney arising from appellee's representation of appellant in a criminal matter. With his answer, appellee filed a motion to dismiss the complaint for appellant's failure to file with his complaint the statutorily-required supporting affidavit of an expert. See OCGA § 9-11-9.1. The trial court granted appellee's motion, and this appeal followed.

The trial court did not err in granting appellee's motion to dismiss. Frazier v. Merritt, 190 Ga. App. 832 (2) ( 380 S.E.2d 495) (1989). Contrary to appellant's assertions, OCGA § 9-11-9.1 (b), the statutory exception to the requirement that the affidavit accompany the complaint, is inapplicable since appellant's case was not filed within ten days of the expiration of the statute of limitation. Furthermore, neither appellant's indigency nor the pendency of discovery matters was a barrier to the trial court's dismissal of the malpractice action for failure to comply with OCGA § 9-11-9.1.

Judgment affirmed. Deen, P. J., and Birdsong, J., concur.

DECIDED FEBRUARY 7, 1990.


Summaries of

Kalustian v. McDonald

Court of Appeals of Georgia
Feb 7, 1990
390 S.E.2d 657 (Ga. Ct. App. 1990)
Case details for

Kalustian v. McDonald

Case Details

Full title:KALUSTIAN v. McDONALD

Court:Court of Appeals of Georgia

Date published: Feb 7, 1990

Citations

390 S.E.2d 657 (Ga. Ct. App. 1990)
390 S.E.2d 657

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