O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
As used in this chapter, the term: (1) ‘‘Professional association’’ means an unincorporated association, as distinguished from a partnership, organized under this chapter for the purpose of rendering one type of professional service. (2) ‘‘Professional service’’ means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a board pursuant to Title 43, for example, the personal services rendered by certified public accountants, chiropractors, dentists, osteopaths, physicians and surgeons, and podiatrists (chiropodists).
History
(Ga. L. 1961, p. 404, § 2; Ga. L. 2000, p. 1706, § 21.)
Annotations
Cross references. - Professional associations engaged in practice of professional engineering or land surveying,
§§ 43-1-24, 43-3-5, 43-3-21 et seq., and 43-11-47(a)(7).
JUDICIAL DECISIONS ‘‘Professional’’ defined for malpractice act. - The legislature intended for the term ‘‘professional’’ as used in O.C.G.A. § 9-11-9.1 to be defined by O.C.G.A. §§ 14-7-2(2), 14-10-2(2), and 43-1-24. Gillis v. Goodgame, 262 Ga. 117, 414 S.E.2d 197 (1992). O.C.G.A. § 9-11-9.1 applies only to
those licensed professions regulated by state examining boards when licensure is predicated upon successful completion of the specialized schooling or training necessary to obtain the expertise to practice that profession. Harrell v. Lusk, 263 Ga. 895, 439 S.E.2d 896 (1994). Pest control company. - Based upon
the statutory definition of professional service, a pest control company’s control and treatment of wood destroying organisms is a profession for purposes of filing a professional malpractice action. Colston v. Fred’s Pest Control, Inc., 210 Ga. App. 362, 436 S.E.2d 23 (1993).
Cited in Carolina Cas. Ins. Co. v. R.L. Brown & Assocs., No. 1:04-cv-3537-GET, 2006 U.S. Dist. LEXIS 71056 (N.D. Ga. Sept. 29, 2006).
RESEARCH REFERENCES Am. Jur. 2d. - 6 Am. Jur. 2d, Associations and Clubs, § 1 et seq. 7 Am Jur 2d Attorneys at Law § 133. 16 Am Jur 2d Constitutional Law § 508. 18 Am Jur 2d Corporations § 43. 18A Am Jur 2d Corporations § 724.
ALR. - What constitutes professional services within meaning of statute preserving individual liability of professional employees of professional corporation, association, or partnership, 31 ALR4th 898.
Notes of Decisions
Cited in
10
cases, 1990–2001 · leading case:
Harrell v. Lusk, 439 S.E.2d 896 (Ga. 1994).
Harrell v. Lusk, 439 S.E.2d 896 (Ga. 1994).
· cites it 12× “1, looked not only to OCGA § 14-7-2 (2) (which defines "profession" by setting forth 16 specific professions), but also OCGA § 14-10-2 (2) (defining "professional service") and OCGA § 43-1-24 (providing that licensed professionals are subject to regulation by state examining…”
Gillis v. Goodgame, 404 S.E.2d 815 (Ga. Ct. App. 1991).
· cites it 8× “The same is true of OCGA § 14-10-2 (2), which merely gives a definition of "professional service" for that chapter.”
Lutz v. Foran, 427 S.E.2d 248 (Ga. 1993).
· cites it 4× “" Subsequently, we held that affidavits are required only in lawsuits filed against a professional in one of the occupations enumerated in OCGA § 14-7-2 (2) or subject to licensing and regulation under OCGA §§ 14-10-2 (2) and 43-1-24. Gillis v.”
Seely v. Loyd H. Johnson Const. Co., Inc., 470 S.E.2d 283 (Ga. Ct. App. 1996).
· cites it 4× “” Under OCGA § 14-10-2 (2), professional service includes “any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43.”
Creel v. Cotton States Mut. Ins., 397 S.E.2d 294 (Ga. 1990).
· cites it 4× “(b) OCGA § 14-10-2 provides: (2) "Professional service" means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43, for example, the…”
Gillis v. Goodgame, 414 S.E.2d 197 (Ga. 1992).
· cites it 2× “1 applicable to actions against occupations which are not enumerated in OCGA § 14-7-2 (2), or occupations which are not subject to the respective licensing and regulation requirements of OCGA §§ 14-10-2 (2) and 43-1-24. We note that the term “professional” is no where defined in…”
Tunsil v. Jackson, 546 S.E.2d 875 (Ga. Ct. App. 2001).
· cites it 2× “801, 806 (2) ( 485 SE2d 22 ) (1997) (rule that only a licensed attorney is authorized to represent a corporation in a proceeding in a court of record is applicable to corporate representation only, and all noncorporate business owners are completely unaffected thereby); see OCGA…”
Fender v. Adams Exterminators, Inc., 460 S.E.2d 528 (Ga. Ct. App. 1995).
· cites it 4× “” Under OCGA § 14-10-2 (2), “ ‘[professional service’ means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43.”
Colston v. Fred's Pest Control, Inc., 436 S.E.2d 23 (Ga. Ct. App. 1993).
· cites it 2× “Under OCGA § 14-10-2 (2), the term “ ‘professional service’ means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43.”
Harrell v. Lusk, 430 S.E.2d 653 (Ga. Ct. App. 1993).
· cites it 4× “” OCGA § 14-10-2 (2) defines “Professional Service” as “the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43, for example, the personal…”
— 14-10-2(2) — 2 cases
Seely v. Loyd H. Johnson Const. Co., Inc., 470 S.E.2d 283 (Ga. Ct. App. 1996).
“” Under OCGA § 14-10-2 (2), professional service includes “any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43.”
Fender v. Adams Exterminators, Inc., 460 S.E.2d 528 (Ga. Ct. App. 1995).
“” Under OCGA § 14-10-2 (2), “ ‘[professional service’ means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.