657 S.E.2d 560

GEORGIA DEPARTMENT OF JUVENILE JUSTICE v. CUMMINGS.

No. A06A1997.Court of Appeals of Georgia.
DECIDED JANUARY 30, 2008.

PHIPPS, Judge.

In Ga. Dept. of Juvenile Justice v. Cummings, [1]
we reversed the superior court’s denial of a motion to dismiss a complaint filed by

Page 391

Carlise Cummings against the Georgia Department of Juvenile Justice. In Cummings v. Ga. Dept. of Juvenile Justice, [2] the Supreme Court of Georgia reversed our decision and held that the complaint should not have been dismissed. Accordingly, our opinion is vacated, the judgment of the Supreme Court is made the judgment of this court, and the judgment of the superior court is affirmed.

Judgment affirmed. Smith, P. J., and Ruffin, J., concur.

[1] 281 Ga. App. 897 (637 SE2d 441) (2006).
[2] 282 Ga. 822 (653 SE2d 729) (2007).

DECIDED JANUARY 30, 2008.
Tort Claims Act. Muscogee Superior Court. Before Judge Jordan.

Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Rebecca S. Adams, Assistant Attorneys General, for appellant.

Gary O. Bruce, for appellee.

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