This case is before us on remand from the Supreme Court of Georgia. In the original case, Bray v. Watkins, 367 Ga. App. 381, 885 S.E.2d 802 (2023) (“Bray I”), we affirmed the trial courts grant of summary judgment to Stormie Watkins on the ground that the public duty doctrine barred all of Latoya Brays claims. In Bray et al. v. Watkins, ––– Ga. ––––, 895 S.E.2d 282 (2023) (“Bray II”) the Supreme Court of Georgia granted Brays petition for certiorari, vacated our opinion, and remanded the case to this Court, holding that we erred in affirming the trial courts ruling on the merits because the trial court did not consider the threshold jurisdictional question of whether sovereign immunity barred Brays claims against Watkins in her official capacity. Id. at ––––, 895 S.E.2d 282.
In light of the Supreme Courts decision in Bray II, we vacate our previous opinion and adopt the Supreme Courts decision as the judgment of this Court. We therefore vacate the trial courts order granting summary judgment to Watkins and remand for the trial court to resolve the sovereign immunity issue in the first instance.
1
Judgment vacated and case remanded with direction.
FOOTNOTES
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. While we are vacating the trial courts order in its entirety, we are doing so for the procedural reason addressed above and as mandated by the Supreme Court. Nothing stated herein should be construed as any indication that we have changed our minds as to the merits of Brays claims asserted against Watkins in her individual capacity, an issue not addressed by the Supreme Court.
Land, Judge.
McFadden, P. J., and Gobeil, J., concur.