FIFTH DIVISION
REESE,
MARKLE and PINSON, JJ.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
https://www.gaappeals.us/rules
April 7, 2022
In the Court of Appeals of Georgia
A20A0072. CUFFIE et al. v. ARMSTRONG et al.
MARKLE, Judge.
In Cuffie v. Armstrong, 355 Ga. App. 471, 475 (1) (843 SE2d 599) (2020), we
held that Armstrong’s professional malpractice claim against the Cuffie Law Firm,
arising from an attorney’s failure to protect an underinsured motorist claim, was
barred by the statute of limitations. Armstrong filed a petition for certiorari, which our
Supreme Court granted. Armstrong v. Cuffie, 311 Ga. 791 (860 SE2d 504) (2021). On
review, our Supreme Court held that the malpractice claim accrued, and the limitation
period began to run, as of the last day counsel could lawfully effect service on the
underinsured motorist carrier. Id, at 795-796 (2). The Court thus concluded that
Armstrong’s claim was not time-barred, and it reversed our opinion and remanded the
case for further proceedings. Id. at 797 (2).
We now adopt the Supreme Court’s opinion as our own. We therefore affirm
the trial court’s denial of the Cuffie Law Firm’s motion for reconsideration of its
denial of the motion to dismiss, and we remand the case to the trial court for further
proceedings.1
Judgment affirmed. Reese and Pinson, JJ., concur.
1
When the Supreme Court “considers only a portion of a Court of Appeals’
opinion and reverses, it is for the Court of Appeals to determine on remand whether
the portions of its earlier opinion that were not considered by [the Supreme Court] are
consistent with [its] ruling.” Shadix v. Carroll County, 274 Ga. 560, 563 (1) (554
SE2d 465) (2001); see also Agnes Scott College v. Hartley, 330 Ga. App. 575, 576
(2) (768 SE2d 767) (2015). Here, the other divisions in our prior opinion are
consistent with the Supreme Court’s ruling, and therefore remain binding precedent.
Agnes Scott College, 330 Ga. App. at 576 (2).
2