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Tibbetts v. Worth County School District et al.

Court vacates its prior opinion and adopts Supreme Court ruling that a former teacher's breach of contract action was barred by sovereign immunity because a valid contract had not been formed

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McFadden, Presiding Judge. In Tibbetts v. Worth County School Dist., 367 Ga. App. 246 (885 SE2d 291) (2023), we held that teacher John R. Tibbetts had demonstrated a waiver of sovereign immunity and, therefore, could pursue his breach of contract claim against the Worth County School District. So we reversed the trial court’s award of summary judgment to the school district on sovereign immunity grounds. Id. at 250 (4). In Worth County School Dist. v. Tibbetts, __ Ga __, __ (2) (__ SE2d __) (Case No. S23G0791, decided May 29, 2024), the Supreme Court of Georgia reversed us, holding that Tibbetts had “not carried his burden of showing a waiver of sovereign immunity based upon the ex contractu clause of the Georgia Constitution.” Accordingly, we vacate our earlier opinion, adopt the Supreme Court’s opinion as our own, and affirm the trial court’s grant of summary judgment to the school district. Judgment affirmed. Gobeil and Land, JJ., concur.

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