Georgia Department of Public Safety v. Matthew J. Ragsdale ( 2020 )

FOURTH DIVISION
DOYLE, P. J.,
DILLARD, P. J., and MERCIER, J.
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
DEADLINES ARE NO LONGER TOLLED IN THIS
COURT. ALL FILINGS MUST BE SUBMITTED WITHIN
THE TIMES SET BY OUR COURT RULES.
November 12, 2020
In the Court of Appeals of Georgia
A18A1220. GEORGIA DEPARTMENT OF PUBLIC SAFETY v. DO-043
RAGSDALE.
DOYLE, Presiding Judge.
In Ga. Dept. of Public Safety v. Ragsdale,1 this Court affirmed the trial court’s
determination that OCGA § 9-3-99 tolled the time for giving ante litem notice to the
State. The Supreme Court of Georgia granted certiorari, as to whether “the time for
filing an ante litem notice under the Georgia Tort Claims Act[2 is] subject to tolling
under OCGA § 9-33-99.”3 Overruling several cases, the Supreme Court determined
1
347 Ga. App. 827 (821 SE2d 58) (2018), reversed by Dept. of Public Safety
v. Ragsdale, 308 Ga. 210 (839 SE2d 541) (2020).
2
See OCGA § 50-21-26 (a) (1).
3
(Citation omitted.) Dept. of Public Safety v. Ragsdale, Case No. S19C0422
(decided Jul. 1, 2019) (unpublished).
that OCGA § 9-33-99 did not toll the time for presenting ante litem notice because
that provision is not a statute of limitation subject to tolling statutes.4 We now adopt
the Supreme Court’s judgment as our own, and accordingly, vacate the trial court’s
order and remand for entry of an order in conformity with this opinion.
Judgment vacated and case remanded. Dillard, P. J., and Mercier, J., concur.
4
See Ragsdale, 308 Ga. at 213-215.
2