Home/Court of Appeals of Georgia/State of Georgia v. Sun States Insurance Group, Inc.; Regulatory Technologies, Inc. v. State of Georgia

State of Georgia v. Sun States Insurance Group, Inc.; Regulatory Technologies, Inc. v. State of Georgia

790 S.E.2d 644, 338 Ga. App. 555
CourtCourt of Appeals of Georgia
DecidedAugust 30, 2016
DocketA14A2119; A14A2120
StatusPublished

This text of 790 S.E.2d 644 (State of Georgia v. Sun States Insurance Group, Inc.; Regulatory Technologies, Inc. v. State of Georgia) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Georgia v. Sun States Insurance Group, Inc.; Regulatory Technologies, Inc. v. State of Georgia, 790 S.E.2d 644, 338 Ga. App. 555 (Ga. Ct. App. 2016).

Opinion

PHIPPS, Presiding Judge.

In these two direct appeals, the State of Georgia and its agent, Regulatory Technologies, Inc. (“Reg Tech”), challenged the denial of *556 their motions to dismiss on sovereign immunity grounds. We affirmed in part and reversed in part, concluding that the trial court erred in finding that sovereign immunity was waived by the Insurers Rehabilitation and Liquidation Act. 1 On further appeal, the Supreme Court of Georgia vacated our judgment. Noting that the collateral order doctrine does not permit a direct appeal from the denial of a motion to dismiss based upon governmental immunity, the Supreme Court found that we lack jurisdiction to consider these direct appeals. 2 Accordingly, because the State of Georgia and Reg Tech failed to follow the required appellate procedure, their appeals are hereby dismissed for lack of jurisdiction.

Decided August 30, 2016. Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, Daniel S. Walsh, Jeffrey W. Stump, Senior Assistant Attorneys General, for State of Georgia. Barnes & Thornburg, Thomas J. Gallo, for Sun States Insurance Group. Robbins Ross Alloy Belinfante Littlefield, Richard L. Robbins, Alexa R. Ross, Alexander F. Den ton, for Regulatory Technologies.

Appeals dismissed.

Ellington, P. J., and McMillian, J., concur.
1

OCGA § 33-37-1 et seq.; State of Ga. v. Sun States Ins. Group, 332 Ga. App. 197, 202 (1) (770 SE2d 43) (2015).

2

State of Ga. v. Sun States Ins. Group, 299 Ga. 489 (788 SE2d 346) (2016) (citing Rivera v. Washington, 298 Ga. 770 (784 SE2d 775) (2016)).

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Related

State of Georgia v. Sun States Insurance Group, Inc.; Regulatory Technologies, Inc. v. State of Georgia
770 S.E.2d 43 (Court of Appeals of Georgia, 2015)
Rivera v. Washington
784 S.E.2d 775 (Supreme Court of Georgia, 2016)
STATE OF GEORGIA Et Al. v. SUN STATES INSURANCE GROUP, INC.; And Vice Versa
788 S.E.2d 346 (Supreme Court of Georgia, 2016)

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Bluebook (online)
790 S.E.2d 644, 338 Ga. App. 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-georgia-v-sun-states-insurance-group-inc-regulatory-gactapp-2016.