Supreme Court of Georgia, 2014

The Supreme Court of Georgia reversed the trial court’s summary judgment granting Mother’s motion, held that res judicata does not bar Father’s declaratory action and that Mother must pay the children’s private school tuition, partially reversed and vacated the attorney‑fees award and remanded for further proceedings.

The court held that sovereign immunity bars claims for injunctive relief against the State at common law and overruled the prior judicially created exception permitting such claims.