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Smith v. Morris, Manning & Martin LLP

The trial court has authority to look behind an O.C.G.A. § 9-11-9.1 b allegation regarding the 45-day extension for filing an expert affidavit when it is challenged to ensure that the allegation is supported by some evidence.

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Plaintiffs David Smith, Premier/Georgia Management Company, Inc., Chase Development Corporation, and American Investment Management Corporation appeal from the trial court’s dismissal of their suit against the law firm of Morris, Manning & Martin, L.L.P., and three of the firm’s employees. For the reasons that follow, we affirm the dismissal of the plaintiffs’ legal malpractice claims, but reverse the dismissal of the remaining claims and remand the case to the trial court for further proceedings.

The record shows the following undisputed facts: Attorney James N. Cline represented the plaintiffs when they filed a legal malpractice claim against the defendants in December 1998. The defendants filed a motion to dismiss and the plaintiffs voluntarily dismissed the complaint without prejudice. See OCGA § 9-11-41 a.

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