Warbler Investments, LLC v. City of Social Circle

Summary

The court held that a complaint subject to the constitutional sovereign-immunity waiver may cure an improper-defendant defect through the Civil Practice Act procedure allowing parties to be dropped or added. The naming requirement is procedural rather than jurisdictional, so the initial defect did not eliminate the trial court's subject-matter jurisdiction, and the amended complaint naming only the City avoided dismissal. The court reversed the dismissal and remanded the case.