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ATLANTA OBSTETRICS & GYNECOLOGY GROUP, P.A. et al. v. ABELSON et al.; and vice versa.
A89A2016.
A89A2017.
CARLEY, Judge.
Medical malpractice. DeKalb Superior Court. Before Judge Hunstein.
In Atlanta Obstetrics & Gynecology Group, P.A. v. Abelson, 195 Ga. App. 274 (392 SE2d 916) (1990), we affirmed in part and reversed in part the main appeal and affirmed the cross-appeal. However, on certiorari, the Supreme Court reversed our affirmance on the main appeal of the trial court's denial of the defendants' motion to dismiss the plaintiffs' complaint for failure to state a claim. Atlanta Obstetrics & Gynecology Group, P.A. v. Abelson, 260 Ga. 711 (398 SE2d 557) (1990). Accordingly, the judgment of the Supreme Court is made the judgment of this court and the trial court's denial of the defendants' motion to dismiss the plaintiffs' complaint for failure to state a claim is hereby reversed. As the result of this reversal, the defendants' remaining enumerations of error in the main appeal need not be considered and the plaintiffs' cross-appeal has been rendered moot.
Jones, Brown & Brennan, Taylor W. Jones, Myles E. Eastwood, amici curiae.
Keenan Law Firm, Don C. Keenan, David S. Bills, for appellees.
Alston & Bird, Judson Graves, Bryan A. Vroon, for appellants.
DECIDED FEBRUARY 20, 1991.
Thursday May 21 09:27 EDT


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