Plaintiff corporation, appearing pro se through its president, brought this legal malpractice action against defendant attorneys arising from their representation of appellant in a civil matter. Defendant denied the material allegations of the complaint and raised the defense that plaintiff failed to file an expert affidavit as required by OCGA 9-11-9.1
(a). Defendant subsequently moved to dismiss the complaint for failure to state a claim under OCGA 9-11-9.1
(e) and 9-11-12
(b) (6). The trial court granted the motion and dismissed the complaint with prejudice. Plaintiff appeals.
Plaintiff argues the trial court erred in dismissing the complaint with prejudice. A complaint alleging professional malpractice must include an expert affidavit setting forth at least one negligent act or omission and the factual basis for each such claim. OCGA 9-11-9.1
(a). "A complaint is subject to dismissal for failure to state a claim when the plaintiff fails to file an expert affidavit as required. OCGA 9-11-9.1
(e). A dismissal for failure to state a claim is a dismissal on the merits. [Cit.]" Lutz v. Foran, 262 Ga. 819
, 824 (4) (427 SE2d 248
) (1993). In the instant case, plaintiff's complaint set forth a cause of action for legal malpractice; however, it failed to file an expert affidavit with the complaint and, as such, its complaint was subject to dismissal for failure to state a claim. Since such a dismissal is a dismissal on the merits, the trial court properly dismissed the complaint with prejudice. See Lutz, supra at 824 (4); see also Howard v. Jonah, 208 Ga. App. 542 (1) (430 SE2d 833) (1993)
(upholding dismissal under OCGA 9-11-9.1
Dhiru V. Parekh, pro se.