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Georgia Department of Public Safety v. Ragsdale

Court determines that the provisions of OCGA §9-3-99 do not toll the time for filing an ante litem notice against a municipality under the Tort Claims Act

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Doyle, Presiding Judge. In Ga. Dept. of Public Safety v. Ragsdale,[1] this Court affirmed the trial court’s determination that OCGA § 9-3-99 tolled the time for giving ante litem notice to the State. The Supreme Court of Georgia granted certiorari, as to whether “the time for filing an ante litem notice under the Georgia Tort Claims Act[[2] is] subject to tolling under OCGA § 93399.”[3] Overruling several cases, the Supreme Court determined that OCGA § 9-33-99 did not toll the time for presenting ante litem notice because that provision is not a statute of limitation subject to tolling statutes.[4] We now adopt the Supreme Court’s judgment as our own, and accordingly, vacate the trial court’s order and remand for entry of an order in conformity with this opinion. Judgment vacated and case remanded. Dillard, P. J., and Mercier, J., concur.

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