to grant summary judgment in favor of Smith. I am authorized to state that Judge Ray joins in this dissent and Judge McMillian concurs in the judgment only of this dissent. 3 Emphasis supplied. 4 Emphasis supplied. 5 U.S. Fid. & Guar. Co. v. Rome Concrete Pipe Co., Inc., 256 Ga. 661, 663 (353 SE2d 15) (1987); see also Young v. Williams, 274 Ga. 845, 847-48 (560 SE2d 690) (2002). 6 Martin v. Herrington Mill, Inc., 316 Ga. App. 696, 701 (730 SE2d 164) (2012) (punctuation omitted); accord Walker v. Brannan, 243 Ga. App. 2 2d 147) (1994). 14 Kaminer, 282 Ga. at 833 (1) (punctuation omitted); accord Beamon, 329 Ga. App. at 687 (1). 15 OCGA § 9-11-8 (a) (2) (A). 16 OCGA § 9-11-10 (b). 17 Id. (emphasis supplied). 18 Cf. Johnson v. Jones, 327 Ga. App. 371, 375-76 (2) (759 SE2d 252) (2014) (<HOLDING>). 19 See OCGA § 9-11-9.1 (a) (“In any action
holding the defendants claim that he was denied the right to testify was appropriate for direct review when the record was adequately developed to permit full consideration of the defendants claim the pertinent facts were undisputed a pcr hearing was not necessary to resolve a factual dispute and would not aid in the application of the law and the defendants claim was presented not as an ineffective assistance of counsel claim but rather as an error committed by the trial court in excluding the defendants testimony which was not an appropriate basis for an ineffective assistance of counsel claim holding that trial court properly found that claim was timebarred when the gravamen of claim for breach of fiduciary duties was an alleged failure to correctly read an ultrasound and reach proper diagnosis and accordingly the claim amounted to a claim of negligence that went to the propriety of the defendants medical skill and judgment holding that the plaintiffs breach of contract claim was properly a statutory claim under the personnel management act holding breach of fiduciary duty claim is essentially a negligence or professional malpractice claim holding that plaintiffs were entitled to a jury trial on claim of breach of fiduciary duty where underlying claim was a common law negligence action