In Foskey v. Foster, 199 Ga. App. 205 (404 SE2d 303) (1991), the plaintiff timely sued a physician and his employer and attached an affidavit that pertained only to the physician. Foskey, 199 Ga. App. 205, 404 S.E.2d 303. When the plaintiff discovered that it had the wrong corporate defendant it "transferred" the complaint to another county but failed to attach an affidavit to "this refiled (transferred) complaint." Id. at 205. The defendants moved to dismiss for lack of a malpractice affidavit, and the trial court granted the motion, albeit without prejudice. When the plaintiff attempted to "renew" the complaint, the trial court granted summary judgment, and this Court affirmed. Id. The Court held that the plaintiff's case could not be renewed because the initial complaint was "invalid." But the reasoning of the case is fatally flawed.