Miles v. State of Georgia Department of Revenue

ORDER AND MEMORANDUM

NANGLE, Senior District Judge.

Defendant’s Motion for Sanctions under Rule 11 is currently before this Court. For the reasons described below, this Court will impose a sanction of $3,500.00 on plaintiffs’ counsel of record.

FACTS

Plaintiffs have previously litigated the constitutionality of O.C.G.A. § 48-8-46 in the Superior Court of Bryan County, Georgia. In an order dated May 10, 1989, that Court granted defendant’s Motion for Summary Judgment and expressly rejected plaintiffs’ constitutional claims. The Georgia Supreme Court dismissed the appeal and denied the motion for…