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Watts v. City of Dillard

The traffic court in question was acting in its judicial capacity when it ordered forfeiture of the plaintiff's cash bond and ' "municipal corporations shall not be liable for failure to perform or for errors in performing their legislative or judicial powers." '

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Lynn Watts appeals from the trial court’s grant of summary judgment to the City of Dillard on her complaint for breach of contract and/or money had and received stemming from the forfeiture of a cash bond. Because the defense of sovereign immunity precludes Watts’s lawsuit, we affirm the trial court. “On appeal from the denial or grant of summary judgment, the appellate court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Punctuation and footnote omitted. Williams v. Whitfield County , 289 Ga. App. 301 656 SE2d 584 2008. The facts of this case, unless otherwise noted, are largely undisputed.

In August 2006, Rebecca Williams, an employee of Watts, was arrested by the City of Dillard Police Department for traffic violations. Watts agreed to post a cash bond on behalf of Williams in order to facilitate Williams’s release from jail. At the time that she posted the bond, Watts was given a receipt from the Rabun County Sheriff’s Office reflecting the payment on behalf of Williams.

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