Board of Regents of the University System v. Ruff
315 Ga. App. 452
| Ga. Ct. App. | 2012Background
- Ruff paid program fees for his son to study abroad offered by the University System of Georgia.
- The son was accepted into two study abroad programs and a written refund policy was provided with the application.
- The son violated probation in May 2006 and would not be allowed to participate without probation officer consent.
- The son surrendered to his probation officer; Ruff requested a refund but the trip did not occur.
- Ruff sued for breach of contract; Regents moved to dismiss claiming sovereign immunity; trial court denied summary judgment; on appeal, court reverses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity was waived by a written contract | Ruff contends a contract existed via signed documents. | Regents argues there was no signed contract to waive immunity. | No waiver; no written contract. |
| Whether the trial court properly denied summary judgment on sovereign immunity | Ruff asserts facts show waiver via contract. | Regents contends no contract, immunity bars suit. | Summary judgment proper for Regents; immunity not waived. |
Key Cases Cited
- Watts v. City of Dillard, 294 Ga.App. 861, 670 S.E.2d 442 (2008) (Ga. App. 2008) (sovereign immunity framework; appeal timing considerations)
- Simmons v. Brady, 251 Ga.App. 717, 555 S.E.2d 94 (2001) (Ga. App. 2001) (summary judgment standards; notice and procedure)
- Doe v. Doe, ? (?) (waiver requirements for written contracts (cited as authority))
- Tyson v. Doe, ? (?) (contract formation and waiver of immunity)
- McCobb v. Clayton County, 309 Ga.App. 217, 710 S.E.2d 207 (2011) (Ga. App. 2011) (written contract required to waive immunity)
- Wilson v. Board of Regents, etc. of Georgia, 262 Ga. 413, 419 S.E.2d 916 (1992) (Ga. 1992) (immunity and waiver principles governing state entities)