"The Georgia Constitution ... waives sovereign immunity in breach of contract claims based upon written contracts." Patel v. Georgia Lottery Corp. , 350 Ga. App. 883, 886 (2), 830 S.E.2d 393 (2019). Small's complaint expressly alleged that the Probate Court of Chatham County entered into a contract with South State Bank to open a bank account and that she is a third-party beneficiary of that contract. But the complaint and amended complaint do not allege that Chatham County itself entered into a contract with South State Bank.
The Supreme Court denied GLC’s petition for certiorari in that case on November 4, 2019, Case No. S19C1018. Additionally, in Patel v. Ga. Lottery Corp. , 350 Ga. App. 883, 830 S.E.2d 393 (2019) (physical precedent only), we reversed the trial court’s denial of Ramilaben’s motion for summary judgment on her claim for statutory interest and remanded that case for further proceedings on that issue. While that suit was pending, Patel filed a separate complaint seeking injunctive relief against GLC under the UDTPA and Georgia’s Fair Business Practices Act, OCGA § 10-1-390 et seq ("FBPA").