Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Fortson v. Freeman

The trial court properly dismissed the plaintiff's action against his former counsel, as the substance of the allegations raised only claims of professional negligence and the plaintiff failed to file the required expert affidavit.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is the sixth appeal filed by Major Fortson before our Court, arising out of an underlying real estate dispute.1 Fortson, proceeding pro se, filed the instant action against his former counsel, Render C. Freeman and the law firm Anderson, Tate and Carr, P. C., formerly known as Andersen, Tate, Mahaffey & McGarity, P. C., “ATC”, alleging multiple claims pertaining to their legal representation in the underlying lawsuit. The trial court dismissed Fortson’s action as a result of his failure to file an expert affidavit pursuant to OCGA § 9-11-9.1 a. We discern no error and affirm. “We review a trial court’s order dismissing a plaintiff’s complaint de novo.” Citation, punctuation and footnote omitted. Crosby v. Pittman , 305 Ga. App. 639 700 SE2d 629 2010. In doing so, we construe the allegations of the complaint in the light most favorable to the plaintiff, and we determine whether the allegations disclose with certainty that the plaintiff would not be entitled to judgment as a matter of law. See id.; Fortson v. Hotard , 299 Ga. App. 800, 802 2 684 SE2d 18 2009.

So viewed, the complaint, as amended, alleges that Fortson retained Freeman and ATC to serve as his legal counsel in a real estate dispute against Benico and Fanny Gonzales. Freeman filed a civil action on Fortson’s behalf against the Gonzaleses, and prevailed in obtaining a judgment and an attorney fees award in Fortson’s favor.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
BANKRUPTCY AND COMMERCIAL LITIGATION ATTORNEY Philadelphia, PA or Wilmington, DE (2-5 years experience)

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Personal Injury Attorney

Gill & Chamas, LLC seeks a Personal Injury attorney to work in their Woodbridge, NJ office. Candidate must possess the following: ...


Apply Now ›
Finance/Corporate Trust Attorney - CT or Remote

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...


Apply Now ›
Go to Lawjobs