Sheri Mimbs v. Henry County Schools

Opinion

FOURTH DIVISION DILLARD, P. J., MERCIER and LAND, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

November 16, 2022

In the Court of Appeals of Georgia A21A0327. MIMBS v. HENRY COUNTY SCHOOLS.

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 action1 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)

1 See the Georgia Whistleblower Act, OCGA § 45-1-4 (authorizing a public employee’s civil action to recover damages for retaliatory acts by public employers). (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.