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MCMURRAY, Presiding Judge.
Action on contract, etc. Fayette Superior Court. Before Judge Caldwell.
Albert R. Peacock, Jr. asserted breach of contract and fraud claims against attorney John A. Beall IV, alleging attorney Beall duped him into paying $1,000 for evaluating "a civil lawsuit" by promising " 'to go to Court' " for Peacock on the matter for an additional $1,500. Peacock alleged that attorney Beall breached this contract a week after it was executed by increasing the additional payment for the promised representation to $5,000. Attorney Beall later moved to dismiss this action because of Peacock's failure to attach an expert's affidavit to the complaint as required by OCGA 9-11-9.1. The superior court agreed and dismissed the complaint in its entirety. This appeal followed. Held:
The complaint in the case sub judice does not appear to call into question professional standards of care applicable to attorneys. On the contrary, the complaint raises questions relating to the existence of a legal services contract between Peacock and attorney Beall, whether attorney Beall breached the terms of any such contract, and whether attorney Beall duped Peacock into purchasing $1,000 worth of advice in exchange for a false promise to represent Peacock in a future action for $1,500. Accordingly, since the allegations in the complaint are subject to a construction which could support Peacock's fraud and breach of contract claims, the trial court erred in dismissing the complaint for noncompliance with OCGA 9-11-9.1. See Hodge v. Jennings Mill, Ltd., 215 Ga. App. 507, supra. See also Wehunt v. ITT Business &c. Corp., 183 Ga. App. 560, 561 (2) (359 SE2d 383).
Michael R. Hauptman, for appellee.
Boone, Papadakis & Levine, James J. Gormley III, for appellant.
Thursday May 21 05:52 EDT

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