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Mangram v. City of Brunswick

The trial court erred in dismissing the plaintiff's action with prejudice for failure to timely serve the defendants, as the defense of insufficiency of service of process is a matter in abatement and does not determine on the merits whether the statute of limitation barred the action.

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Antonio Mangram filed a petition for writ of certiorari and a complaint for damages against the City of Brunswick “the City” and William Weeks, in his official capacity as acting City Manager of Brunswick, collectively “the defendants”, seeking 1 review of Weeks’s decision affirming the City’s termination of Mangram’s employment, and 2 employment benefits, including back pay for vacation and sick leave, as well as attorney fees. The defendants filed a motion to dismiss Mangram’s petition based on his failure to timely serve the defendants as required by OCGA § 5-4-6, and the trial court dismissed the entire action with prejudice. Mangram appeals, and, for the reasons that follow, we reverse and remand with direction.

The record shows that on November 4, 2011, the City terminated Mangram’s employment after police found cocaine wrapped in a City uniform shirt at his residence, which conduct the City alleged violated its personnel policy regarding drugs. Mangram sought an evidentiary hearing with Weeks, who upheld the termination on November 15, 2011, following a hearing.

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