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NICHOLAS v. VAN

No. A01A1529.

556 S.E.2d 497 (2001)

252 Ga. App. 411

NICHOLAS v. VAN et al.

Court of Appeals of Georgia.

November 13, 2001.

Attorney(s) appearing for the Case

Jack L. Park, Jr., Griffin, for appellant.

Richard L. Collier, Griffin, Laurel E. Henderson, Jonesboro, for appellees.

SMITH, Presiding Judge.

Anthony Nicholas brought this action against the City of Griffin and David and Vicki Van. The city was granted summary judgment on the ground that Nicholas failed to give proper ante litem notice of his claim within the six-month period prescribed by OCGA § 36-33-5(b). We agree that the claim was barred for failure to provide timely notice. But because the proper vehicle for disposing of the claim against the city was dismissal, we vacate...

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