Sylvester v. Department of Transportation

Eldridge, Judge.

Lynn M. Sylvester and Steven K. Sylvester appeal from the grant of summary judgment against them in their Georgia Tort Claims Act action, which arose February 28, 1997, against the Department of Transportation, because they never served the Department of Administrative Services, Risk Management Division, in their original suit filed February 26, 1999; voluntarily dismissed the suit prior to service on the DOAS Risk Management Division; and attempted to renew the action after the statute of limitation had run. The renewal suit was ineffective to come within the six-month grace…