Georgia Ports Authority v. Harris

I must respectfully dissent in Case No. A99A2012, because there was no compliance by William Harris with the ante litem notice requirements of OCGA § 50-21-26 (a).

Compliance by a plaintiff with the ante litem provisions of the statute is a question of subject matter jurisdiction. OCGA § 50-21-26 (a) (3) (“the courts shall have no jurisdiction . . . unless and until a written notice of claim has been timely presented to the state as provided in this subsection”) (emphasis supplied).

The trial court concluded that the Federal Express delivery initiated by attorney Bailey and mailing a copy by…