Legal Opinion · Dissent

Clark v. BOARD OF REGENTS, UNIV. OF GA.

Court of Appeals of Georgia

Decided July 6, 2001No. A01A0301Published

1DissentEldridge, Judge

I respectfully dissent. The General Assembly in crafting the State Tort Claims Act clearly, unambiguously, and plainly stated: “[n]o action against the state under this article shall be commenced and the courts shall have no jurisdiction thereof unless and until a written notice of claim has been timely presented to the state as provided in this subsection.” Ga. L. 1992, p. 1883, § 1; Ga. L. 1994, p. 1717, § 12; Ga. L. 1998, p. 128, § 50; OCGA § 50-21-26 (a) (3); Williams v. Dept. of Human Resources, 272 Ga. 624 (532 SE2d 401) (2000); Henderson v. Dept. of Transp., 267 Ga. 90 (475 SE2d 614)…

2Cases cited11 opinions

  1. Ogden Equipment Co. v. Talmadge Farms, Inc.Supreme Court of Georgia · 1974
  2. Williams v. Department of Human ResourcesSupreme Court of Georgia · 2000
  3. Howard v. StateCourt of Appeals of Georgia · 1997
  4. National Heritage Corp. v. Mount Olive Memorial Gardens, Inc.Supreme Court of Georgia · 1979
  5. McPherson v. McPhersonSupreme Court of Georgia · 1977

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