21 Georgia opinions name it 2 courts 1990–2024 10 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
McConnell v. Department of Laborgreen2 sentences2024See McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 (805 SE2d 79) (2017) (holding that “[t]he applicability of sovereign immunity to claims brought against the State is a jurisdictional issue” and “[t]herefore, the applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred”). 2024See McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 (805 SE2d 79) (2017) (holding that “[t]he applicability of sovereign immunity to claims brought against the State is a jurisdictional issue” and “[t]herefore, the applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred”). | 11 | 16 |
City of Coll. Park v. Clayton Cnty.green2 sentences2024See City of College Park v. Clayton County, 306 Ga. 301, 314 (830 SE2d 179) (2019) (“The applicability of sovereign immunity . . . is a jurisdictional issue.”). 2024See City of College Park v. Clayton County, 306 Ga. 301, 314 (830 SE2d 179) (2019) (“The applicability of sovereign immunity . . . is a jurisdictional issue.”). | 3 | 3 |
Lathrop v. Dealgreen2 sentences2019Indeed "[s]overeign immunity ... like various other rules of jurisdiction and justiciability ... is concerned with the extent to which a case properly may come before a court at all." Lathrop [, supra, 301 Ga. at 432 (III) (B), 801 S.E.2d 867 ] Therefore, the applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred. **315 (Footnotes omitted.) *189 McConnell v. Dept. of Labor , 302 Ga. 18 , 18-19, 805 S.E.2d 79 (2017). 2019Indeed "[s]overeign immunity ... like various other rules of jurisdiction and justiciability ... is concerned with the extent to which a case properly may come before a court at all." Lathrop [, supra, 301 Ga. at 432 (III) (B), 801 S.E.2d 867 ] Therefore, the applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred. **315 (Footnotes omitted.) *189 McConnell v. Dept. of Labor , 302 Ga. 18 , 18-19, 805 S.E.2d 79 (2017). | 3 | 3 |
Georgia Ass'n of Professional Process Servers v. Jacksongreen2 sentences2023Process Servers v. Jackson, 302 Ga. 309, 311-312 (1) (806 SE2d 550) (2017) 3 (vacating on direct appeal the portion of the trial court’s order which dismissed the plaintiff’s claims on their merits and remanding with direction that these claims be dismissed because they were barred by sovereign immunity); New Cingular Wireless PCS, LLC v. Georgia Dept. of Revenue, 303 Ga. 468, 470 (1) n.3 (813 SE2d 388) (2018) (noting that “the [underlying] Court of Appeals opinion should not be read for the proposition that the issue of sovereign immunity may be pretermitted in order to consider the merits” a 2023Process Servers v. Jackson, 302 Ga. 309, 311-312 (1) (806 SE2d 550) (2017) 3 (vacating on direct appeal the portion of the trial court’s order which dismissed the plaintiff’s claims on their merits and remanding with direction that these claims be dismissed because they were barred by sovereign immunity); New Cingular Wireless PCS, LLC v. Georgia Dept. of Revenue, 303 Ga. 468, 470 (1) n.3 (813 SE2d 388) (2018) (noting that “the [underlying] Court of Appeals opinion should not be read for the proposition that the issue of sovereign immunity may be pretermitted in order to consider the merits” a | 2 | 3 |
Cameron v. Langgreen2 sentences2024IX (a). 11 counties, municipalities, and school districts by statute.”20 As the Supreme Court of Georgia recently reiterated in Bray v. Watkins,21 the applicability of sovereign immunity to claims brought against the State is a jurisdictional issue and therefore, the applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.22 “[S]overeign immunity is a threshold determination because — like various other rules of jurisdiction and justiciabi 2024IX (a). 11 counties, municipalities, and school districts by statute.”20 As the Supreme Court of Georgia recently reiterated in Bray v. Watkins,21 the applicability of sovereign immunity to claims brought against the State is a jurisdictional issue and therefore, the applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.22 “[S]overeign immunity is a threshold determination because — like various other rules of jurisdiction and justiciabi | 1 | 1 |
Worth County School District v. Tibbettsgreen2 sentences2024More specifically, “[s]overeign immunity is a threshold issue that must be addressed prior to resolving the merits of [Justice’s] breach of contract claim.” Worth County School Dist. v. Tibbetts, 319 Ga. 103, 107 (2) (902 SE2d 558) (2024). 2024More specifically, “[s]overeign immunity is a threshold issue that must be addressed prior to resolving the merits of [Justice’s] breach of contract claim.” Worth County School Dist. v. Tibbetts, 319 Ga. 103, 107 (2) ( 902 SE2d 558 ) (2024). | 1 | 1 |
JOYNER v. LEAPHARTgreen2 sentences2024See also Joyner v. Leaphart, 314 Ga. 1, 6 n.8 (875 SE2d 729) (2022) (indicating that res judicata is “an affirmative defense” and not “a jurisdictional matter”). 2024See also Joyner v. Leaphart, 314 Ga. 1, 6 n.8 (875 SE2d 729) (2022) (indicating that res judicata is “an affirmative defense” and not “a jurisdictional matter”). | 1 | 1 |
NEW CINGULAR WIRELESS PCS, LLC v. GEORGIA DEPARTMENT OF REVENUEgreen2 sentences2023Process Servers v. Jackson, 302 Ga. 309, 311-312 (1) (806 SE2d 550) (2017) 3 (vacating on direct appeal the portion of the trial court’s order which dismissed the plaintiff’s claims on their merits and remanding with direction that these claims be dismissed because they were barred by sovereign immunity); New Cingular Wireless PCS, LLC v. Georgia Dept. of Revenue, 303 Ga. 468, 470 (1) n.3 (813 SE2d 388) (2018) (noting that “the [underlying] Court of Appeals opinion should not be read for the proposition that the issue of sovereign immunity may be pretermitted in order to consider the merits” a 2023See also Ga. Assn. of Professional Process Servers v. Jackson, 302 Ga. 309, 311-312 (1) ( 806 SE2d 550 ) (2017) (vacating on direct appeal the portion of the trial court’s order which dismissed the plaintiff’s 3 claims on their merits and remanding with direction that these claims be dismissed because they were barred by sovereign immunity); New Cingular Wireless PCS v. Ga. Dept. of Revenue, 303 Ga. 468, 470 (1) n.3 ( 813 SE2d 388 ) (2018) (noting that “the [underlying] Court of Appeals opinion should not be read for the proposition that the issue of sovereign immunity may be pretermitted in o | 1 | 1 |
POLO GOLF and COUNTRY HOMEOWNERS ASSOCIATION, INC. v. CUNARDgreen2 sentences2023Process Servers v. Jackson, 302 Ga. 309, 311-312 (1) (806 SE2d 550) (2017) 3 (vacating on direct appeal the portion of the trial court’s order which dismissed the plaintiff’s claims on their merits and remanding with direction that these claims be dismissed because they were barred by sovereign immunity); New Cingular Wireless PCS, LLC v. Georgia Dept. of Revenue, 303 Ga. 468, 470 (1) n.3 (813 SE2d 388) (2018) (noting that “the [underlying] Court of Appeals opinion should not be read for the proposition that the issue of sovereign immunity may be pretermitted in order to consider the merits” a 2023See also Ga. Assn. of Professional Process Servers v. Jackson, 302 Ga. 309, 311-312 (1) ( 806 SE2d 550 ) (2017) (vacating on direct appeal the portion of the trial court’s order which dismissed the plaintiff’s 3 claims on their merits and remanding with direction that these claims be dismissed because they were barred by sovereign immunity); New Cingular Wireless PCS v. Ga. Dept. of Revenue, 303 Ga. 468, 470 (1) n.3 ( 813 SE2d 388 ) (2018) (noting that “the [underlying] Court of Appeals opinion should not be read for the proposition that the issue of sovereign immunity may be pretermitted in o | 1 | 1 |
LOVE v. FULTON COUNTY BOARD OF TAX ASSESSORSgreen2 sentences2023The special concurring opinion rightfully concluded that “[s]overeign immunity is a threshold issue that should be decided before addressing the merits of a plaintiff’s claims,” Bray, 367 Ga. 4 App. at 386 (Gobeil, J., concurring specially), but then relied on a footnote in Love v. Fulton County Bd. of Tax Assessors, 311 Ga. 682, 690 (859 SE2d 33) (2021)2 to conclude that remand to the trial court to address sovereign immunity was unnecessary. 2023The special concurring opinion rightfully concluded that “[s]overeign immunity is a threshold issue that should be decided before addressing the merits of a plaintiff’s claims,” Bray, 367 Ga. 4 App. at 386 (Gobeil, J., concurring specially), but then relied on a footnote in Love v. Fulton County Bd. of Tax Assessors, 311 Ga. 682, 690 (859 SE2d 33) (2021)2 to conclude that remand to the trial court to address sovereign immunity was unnecessary. | 1 | 1 |
In re Brantleygreen1 sentence2023See also Clayton County v. City of College Park, 301 Ga. 653, 657 (3) (803 7 SE2d 63 ) (2017) (vacating judgment and remanding for trial court to consider applicability of sovereign immunity in the first instance). 8 | 1 | 1 |
Williams v. the Statsgreen2 sentences2023Camden County v. Sweatt, 315 Ga. 498, 502 (2) n.12 (883 SE2d 827) (2023) (citation and punctuation omitted; emphasis in original). 2023Camden County v. Sweatt, 315 Ga. 498, 502 (2) n.12 ( 883 SE2d 827 ) (2023). | 1 | 1 |
Gentry v. Recreation, Inc.green1 sentence2023See also Clayton County v. City of College Park, 301 Ga. 653, 657 (3) (803 7 SE2d 63 ) (2017) (vacating judgment and remanding for trial court to consider applicability of sovereign immunity in the first instance). 8 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In the Matter of Carl Lawrence Collins
green
1 sentence2024See also Ga. Constitution IX § II Para IX; OCGA § 36-33-1. 21 317 Ga. 703 ( 895 SE2d 282 ) (2023). 22 (Citation and punctuation omitted.) Id. at 704, quoting McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017). 23 (Citations and punctuation omitted). | 1 | 2024–2024 |
BRAY v. WATKINS
green
1 sentence2024See also Ga. Constitution IX § II Para IX; OCGA § 36-33-1. 21 317 Ga. 703 ( 895 SE2d 282 ) (2023). 22 (Citation and punctuation omitted.) Id. at 704, quoting McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017). 23 (Citations and punctuation omitted). | 1 | 2024–2024 |
New Cingular Wireless PCS, LLC v. Ga. Dep't of Revenue
green
2 sentences2023Process Servers v. Jackson, 302 Ga. 309, 311-312 (1) (806 SE2d 550) (2017) 3 (vacating on direct appeal the portion of the trial court’s order which dismissed the plaintiff’s claims on their merits and remanding with direction that these claims be dismissed because they were barred by sovereign immunity); New Cingular Wireless PCS, LLC v. Georgia Dept. of Revenue, 303 Ga. 468, 470 (1) n.3 (813 SE2d 388) (2018) (noting that “the [underlying] Court of Appeals opinion should not be read for the proposition that the issue of sovereign immunity may be pretermitted in order to consider the merits” a 2023See also Ga. Assn. of Professional Process Servers v. Jackson, 302 Ga. 309, 311-312 (1) ( 806 SE2d 550 ) (2017) (vacating on direct appeal the portion of the trial court’s order which dismissed the plaintiff’s 3 claims on their merits and remanding with direction that these claims be dismissed because they were barred by sovereign immunity); New Cingular Wireless PCS v. Ga. Dept. of Revenue, 303 Ga. 468, 470 (1) n.3 ( 813 SE2d 388 ) (2018) (noting that “the [underlying] Court of Appeals opinion should not be read for the proposition that the issue of sovereign immunity may be pretermitted in o | 1 | 2023–2023 |
State Road and Tollway Authority v. Bodamer.
neutral
1 sentence2023We therefore must vacate the judgment as to the claims brought against Watkins in her official capacity “and remand this case for [the trial court’s] consideration of the applicability of sovereign immunity [as to those claims].” State Rd. & Tollway Auth. v. Bodamer, 350 Ga. App. 486 , 489 (1) (b) ( 829 SE2d 658 ) (2019). | 1 | 2023–2023 |
Watts v. City of Dillard
green
1 sentence2020“Under these circumstances, we simply cannot say that [the Appellants] met [their] burden of proving the essential elements of a written contractual agreement between 3 Although the parties have exhaustively discussed exclusivity and breach of contract in their briefs, we cannot address those issues given the applicability of sovereign immunity and our lack of jurisdiction. 27 [Atlanta Metro Leasing] and the City sufficient to support [its] breach of contract claim or the City’s waiver of the immunity defense.” Watts, 294 Ga. App. at 863-864 . | 1 | 2020–2020 |
Foster v. Morrison
green
2 sentences2020(Footnote omitted.) McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017).2 2 “For convenience of discussion, we have taken the enumerated errors out of the order in which [the Appellants have] listed them[.]” Foster v. Morrison, 177 Ga. App. 250 (1) ( 339 SE2d 307 ) (1985). 6 1. 2020(Footnote omitted.) McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017).2 2 “For convenience of discussion, we have taken the enumerated errors out of the order in which [the Appellants have] listed them[.]” Foster v. Morrison, 177 Ga. App. 250 (1) ( 339 SE2d 307 ) (1985). 6 1. | 1 | 2020–2020 |
Sjn Properties, LLC. v. Fulton County Board of Assessors
green
1 sentence2018"Our mandamus statute [ OCGA § 9-6-20 ] expressly authorizes claimants to seek relief against a public official 'whenever ... a defect of legal justice would ensue from [the official's] failure to perform or from improper performance' of 'official duties.' " SJN Properties, LLC, supra at 799 (2) (b) (ii), 770 S.E.2d 832 (citation omitted). | 1 | 2018–2018 |
Toombs County v. O'NEAL
green
2 sentences1990B) Is a county required by OCGA § 45-9-40 and Toombs County v. O'Neal, 254 Ga. 390 ( 330 SE2d 95 ) (1985), to secure liability insurance to cover damages arising out of the operation of county-owned motor vehicles? 1990B) Is a county required by OCGA § 45-9-40 and Toombs County v. O'Neal, 254 Ga. 390 ( 330 SE2d 95 ) (1985), to secure liability insurance to cover damages arising out of the operation of county-owned motor vehicles? | 1 | 1990–1990 |
Martin v. Georgia Department of Public Safety
green
2 sentences1990We accepted certiorari to decide the following questions: A) In light of this court's decisions in Martin v. Ga. Dept. of Public Safety, 257 Ga. 300 ( 357 SE2d 569 ) (1987), cert. denied 484 U. S. 998 (1988), and Price v. Dept. of Transp., 257 Ga. 535 ( 361 SE2d 146 ) (1987), does the applicability of sovereign immunity still turn on the distinction between ministerial and discretionary acts of public officials? 1990We accepted certiorari to decide the following questions: A) In light of this court's decisions in Martin v. Ga. Dept. of Public Safety, 257 Ga. 300 ( 357 SE2d 569 ) (1987), cert. denied 484 U. S. 998 (1988), and Price v. Dept. of Transp., 257 Ga. 535 ( 361 SE2d 146 ) (1987), does the applicability of sovereign immunity still turn on the distinction between ministerial and discretionary acts of public officials? | 1 | 1990–1990 |
Chapman v. Florida
neutral
2 sentences1990We accepted certiorari to decide the following questions: A) In light of this court’s decisions in Martin v. Ga. Dept. of Public Safety, 257 Ga. 300 ( 357 SE2d 569 ) (1987), cert. denied 484 U. S. 998 (1988), and Price v. Dept. of Transp., 257 Ga. 535 ( 361 SE2d 146 ) (1987), does the applicability of sovereign immunity still turn on the distinction between ministerial and discretionary acts of public officials? 1990We accepted certiorari to decide the following questions: A) In light of this court's decisions in Martin v. Ga. Dept. of Public Safety, 257 Ga. 300 ( 357 SE2d 569 ) (1987), cert. denied 484 U. S. 998 (1988), and Price v. Dept. of Transp., 257 Ga. 535 ( 361 SE2d 146 ) (1987), does the applicability of sovereign immunity still turn on the distinction between ministerial and discretionary acts of public officials? | 1 | 1990–1990 |
Price v. Department of Transportation
green
2 sentences1990We accepted certiorari to decide the following questions: A) In light of this court's decisions in Martin v. Ga. Dept. of Public Safety, 257 Ga. 300 ( 357 SE2d 569 ) (1987), cert. denied 484 U. S. 998 (1988), and Price v. Dept. of Transp., 257 Ga. 535 ( 361 SE2d 146 ) (1987), does the applicability of sovereign immunity still turn on the distinction between ministerial and discretionary acts of public officials? 1990We accepted certiorari to decide the following questions: A) In light of this court's decisions in Martin v. Ga. Dept. of Public Safety, 257 Ga. 300 ( 357 SE2d 569 ) (1987), cert. denied 484 U. S. 998 (1988), and Price v. Dept. of Transp., 257 Ga. 535 ( 361 SE2d 146 ) (1987), does the applicability of sovereign immunity still turn on the distinction between ministerial and discretionary acts of public officials? | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.