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City of Atlanta v. Hector

The city filed a timely petition for writ of certiorari on the Monday following the Thanksgiving holiday.

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Following the superior court’s dismissal of its petition for a writ of certiorari concerning the termination of Agatha Hoyer Hector, the City of Atlanta appeals, contending that the trial court erred by finding that its petition had not been timely filed. For the reasons set forth below, we agree and reverse.

The record shows that, on June 19, 2000, Hector was terminated from a position with the City of Atlanta Department of Finance for negligence and misconduct in performing her duties. Hector appealed to the City of Atlanta’s Civil Service Board, which ordered that Hector’s dismissal be rescinded, that a 30-day suspension be assessed, and that her former classification be restored. The Civil Service Board’s order was issued on October 24, 2000. Unhappy with this ruling, the City filed a petition for a writ of certiorari in superior court 34 days later on November 27, 2000, the first Monday following Thanksgiving. On October 8, 2001, the superior court dismissed the petition as untimely filed, and the City appeals.

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