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Mimbs v. Henry County Schools

On remand from the Georgia Supreme Court, court reverses summary judgment for a school district, ruling that retaliatory discharge action was not time-barred

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Land, Judge. In Mimbs v. Henry County Schools, 359 Ga. App. 299 (857 SE2d 286) (2021), this Court affirmed the trial court’s grant of summary judgment to defendant Henry County Schools in plaintiff Sheri Mimbs’ whistleblower action[1] on the ground that Mimbs’ action was time-barred as to all three of the allegedly retaliatory actions taken against her. Id. at 302-303. The Supreme Court of Georgia granted certiorari and reversed in part, holding that as to the County’s “formal termination” of Mimbs’ contract, which she “undisputedly received” in writing on May 3, 2017, “her complaint was timely[.]” Mimbs v. Henry County Schools, 313 Ga. 631, 636-637 (2) (872 SE2d 685) (2022). Our Supreme Court then remanded the case to this Court “with direction to remand to the trial court for further proceedings consistent with this opinion.” Id. at 637 (2). Adopting the Supreme Court’s opinion as our own, we reverse the trial court’s grant of summary judgment as to the formal termination of May 3, 2017, and remand for further proceedings consistent with our Supreme Court’s opinion. Judgment affirmed in part and reversed in part, and case remanded with direction. Dillard, P. J., and Mercier, J., concur.

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