State of Georgia v. Sun States Insurance Group, Inc.; Regulatory Technologies, Inc. v. State of Georgia , 338 Ga. App. 555 ( 2016 )

FIRST DIVISION
ELLINGTON, P. J.,
PHIPPS, P. J., and MCMILLIAN, J.
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.
http://www.gaappeals.us/rules
August 30, 2016
In the Court of Appeals of Georgia
A14A2119. STATE OF GEORGIA, EX REL., RALPH T.
HUDGENS, COMMISSIONER OF INSURANCE FOR THE
STATE OF GEORGIA v. SUN STATES INSURANCE
GROUP, INC.
A14A2120. REGULATORY TECHNOLOGIES, INC. v. STATE
OF GEORGIA, EX REL., RALPH T. HUDGENS,
COMMISSIONER OF INSURANCE FOR THE STATE OF
GEORGIA.
PHIPPS, Presiding Judge.
In these two direct appeals, the State of Georgia and its agent, Regulatory
Technologies, Inc. (“Reg Tech”), challenged the denial of 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.
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., ex rel., Hudgens v. Sun States Ins. Group, ___ Ga. ___ (___
SE2d ___) (decided July 5, 2016) (citing Rivera v. Washington, 298 Ga. 770 (784
SE2d 775) (2016)).
2