341 Ga. App. 688
Ga. Ct. App.2017Background
- Rintoul and Garner appeal a partial grant of summary judgment against them in Jackson County superior court.
- They challenge the late filing of a renewed motion for summary judgment, and the court’s bases on res judicata and governmental immunity.
- The court reversed as to Garner’s claim of constructive discharge under Georgia’s Whistleblower Act, finding res judicata improper, but affirmed on other grounds.
- Facts: Rintoul was city clerk/librarian and Garner was a police officer; they reported alleged city misdeeds to the mayor, prompting internal reviews and personnel changes.
- A federal action alleging whistleblower retaliation and related claims was dismissed without prejudice; state court action followed with similar claims, including Garner’s constructive-discharge claim.
- Defendants renewed their summary judgment motion after a successor judge was appointed; the pretrial deadline for motions had passed without party consent for extension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the late-filed motion was properly considered | Rintoul/ Garner: late motion should be barred | Defendants: court has discretion to consider renewed motion | The late-filed motion was properly considered |
| Whether Garner’s constructive-discharge claim is barred by res judicata | Res judicata does not bar because causes of action differ between actions | District court decision in federal action precludes state claim under res judicata | Res judicata does not bar Garner’s Georgia Whistleblower Act claim |
| Whether individual officials have governmental immunity under the Whistle-blower Act | Officials are personally liable under OCGA § 36-33-4 | Whistle-blower Act provides no personal remedies against individuals; no judicial grafting of §36-33-4 | Authorities awarded summary judgment for immunity; no personal remedies |
Key Cases Cited
- Essien v. CitiMortgage, 335 Ga. App. 727 (Ga. App. 2016) (summary-judgment burden to produce evidence)
- Cowart v. Widener, 287 Ga. 622 (Ga. 2010) (de novo standard on appeal for summary judgment)
- Blakey v. Victory Equip. Sales, 259 Ga. App. 34 (Ga. App. 2002) (trial court may extend deadlines for motions for summary judgment)
- Kammerer Real Estate Holdings v. PLH Sandy Springs, 319 Ga. App. 393 (Ga. App. 2012) (discretion to consider renewed motion for summary judgment)
- Hubbard v. Dept. of Transp., 256 Ga. App. 342 (Ga. App. 2002) (no limit on number of summary-judgment motions)
- Morrison v. Morrison, 284 Ga. 112 (Ga. 2008) (identity of causes of action required for res judicata; not identical here)