Legal Opinion
Nicholas v. Van
Court of Appeals of Georgia
Decided November 13, 2001No. A01A1529PublishedCited by 10 opinions
1Opinion of the Court
Smith, Presiding Judge.
Anthony Nicholas brought this action against the City of Griffin and David and Vicki Van. The city was granted summary judgment on the ground that Nicholas failed to give proper ante litem notice of his claim within the six-month period prescribed by OCGA § 36-33-5 (b). We agree that the claim was barred for failure to provide timely notice. But because the proper vehicle for disposing of the claim against the city was dismissal, we vacate the trial court’s judgment and remand this case to the trial court with direction that the court dismiss the claim against the city.
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2Cases cited7 opinions
- Ben Farmer Realty Co. v. WoodardCourt of Appeals of Georgia · 1994
- Jim Walter Corp. v. WardSupreme Court of Georgia · 1980
- Schaefer v. Mayor &C. of AthensCourt of Appeals of Georgia · 1969
- City of Barnesville v. PowellCourt of Appeals of Georgia · 1971
- Jones v. City of AustellCourt of Appeals of Georgia · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Department of Public Safety v. RagsdaleSupreme Court of Georgia · 2020
- Davis v. City of ForsythCourt of Appeals of Georgia · 2005
- Vaillant v. City of AtlantaCourt of Appeals of Georgia · 2004
- Jones v. City of WillacoocheeCourt of Appeals of Georgia · 2009
- Rabun v. McCoyCourt of Appeals of Georgia · 2005
5 more not listed; retrieve them via the Exa API.