Branch, Judge.
In these consolidated appeals, Percy and Zina Burroughs appeal dismissal of their tort claims against the Georgia Ports Authority ("GPA") in a suit arising out of injuries Mr. Burroughs suffered when a container was dropped onto the flatbed truck that he was driving. The trial court held that Mr. Burroughs was not authorized to file a second renewal action after the running of the statute of limitations and that Mrs. Burroughs filed suit after the applicable statute of limitations had run for her claim of loss of consortium. For the reasons shown below, we affirm.
Our review of a trial court's ruling on a motion to dismiss is de novo. Pinnacle Benning v. Clark Realty Capital, 314 Ga.App. 609, 612, 724 S.E.2d 894 (2012).
The record in the two appeals shows the following undisputed procedural facts. Mr. Burroughs was injured on January 27, 2012, and he gave ante litem notice of a claim to the relevant state agencies on December 5, 2012, as required by the Georgia Tort Claims Act ("GTCA").
On July 14, 2015, more than a year after the voluntary dismissal of the first action and more than three years after the initial incident, the plaintiffs then filed the present action (the "third action") against GPA, raising the same claims raised in the earlier actions. GPA again moved to dismiss. The trial court granted the motion with regard to Mr. Burroughs on the grounds that (1) Mr. Burroughs's claims were governed by a two-year statute of limitations; (2) the third action could not be a renewal of the first action because the third action was not filed within six months of the dismissal of the first action as required; (3) the second action was the only renewal available to the plaintiffs and that case had been dismissed; and (4) even if the second action were deemed void and did not count as a renewal action, the third action was untimely as a renewal of the first action as already shown. Finally, the court initially held that Mrs. Burroughs's claim was governed by the four-year limitation period found in OCGA § 9-3-33 for claims of loss of consortium and that, therefore, her claim was timely filed. In response to a motion for reconsideration, however, the court also dismissed Mrs. Burroughs's claim because it was time barred by the two-year limitation of the Georgia Tort Claims Act. Mr. and Mrs. Burroughs appealed separately, but we have consolidated their appeals for review.
1. The GPA is a state agency entitled to the defense of sovereign immunity. Miller v. Ga. Ports Auth., 266 Ga. 586, 589, 470 S.E.2d 426 (1996). The state has waived that immunity for the torts of state officers and employees while acting within the scope of their official duties or employment by enacting the GTCA, id. but only within the limitations of the act itself. OCGA §§ 50-21-21 (a); 50-21-23; Ga. Ports Auth. v. Harris, 274 Ga. 146, 149 (2), 549 S.E.2d 95 (2001). One of those limitations is that the GTCA has its own two-year statute of limitations:
OCGA § 50-21-27 (c); see Sylvester v. Dept. of Transp., 252 Ga.App. 31, 32, 555 S.E.2d 740 (2001). Thus, any claim for which immunity is waived by the GTCA is subject to a two-year limitations period. Accordingly, even if Mrs. Burroughs's claim of loss of consortium is a tort for which sovereign immunity is waived by the GTCA,
With regard to Mr. Burroughs, he filed the first action approximately 22 months after his injury and thus within the applicable statute of limitations. But by the time that Mr. Burroughs voluntarily dismissed the first action in May 2014, the limitation period had expired, and, accordingly, the second and third actions were filed outside of the limitation period. Accordingly, whether Mr. Burroughs's third action relates back to the time that he filed his first action is controlled by the renewal statute.
2. Mr. Burroughs was authorized to file the second action as a renewal action under OCGA § 9-2-61 because he filed the second action within six months after the dismissal of his first action.
OCGA § 9-2-61 (a) (emphasis supplied).
Thus, given that his second action was dismissed, Burroughs was not entitled to file the third action as a second renewal of the first action. Hatton v. MARTA, 310 Ga.App. 141, 141 (1), 712 S.E.2d 141 (2011) (third action not authorized after second action was dismissed by the court where plaintiff had already used the renewal privilege in filing the second action); White v. KFC Nat. Mgmt. Co., 229 Ga.App. 73, 75 (2), 493 S.E.2d 244 (1997) (after trial court dismissed first action, attempted second renewal outside of the running of the statute of limitations was prohibited under OCGA § 9-2-61); Worley v. Pierce, 211 Ga.App. 863, 864 (1), 440 S.E.2d 749 (1994) (third action not authorized where plaintiff voluntarily dismissed two earlier actions after the expiration of the applicable limitation period). Nor was he allowed to file the third action as a renewal of the first action because the third action was filed more than six months after the dismissal of the first action. OCGA § 9-2-61 (a).
Burroughs claims that he complied with the requirement in spirit by eventually filing an amended complaint attaching a copy of his ante litem notice. He adds that the Georgia Practice Act and the Tort Claims Act are designed to avoid harsh results, as well as undue dismissals, without addressing the merits of a case. He concludes that because the third action was filed within six months of the dismissal of the second action, he should be allowed to file another renewal.
This argument is flawed, however, because strict compliance with the provisions of the GTCA is a condition precedent to Mr. Burroughs's right to file suit against a state agency. Cummings v. Ga. Dept. of Juvenile Justice, 282 Ga. 822, 824, 653 S.E.2d 729 (2007); Sylvester, 252 Ga.App. at 32, 555 S.E.2d 740. These provisions include the requirement that the plaintiff attach a proper copy of the ante litem notice to the complaint. Baskin v. Ga. Dept. of Corrections, 272 Ga.App. 355, 358-359 (2), 612 S.E.2d 565 (2005) (amendment to complaint attempting to attach proper copy of ante litem notice was untimely when filed one day beyond the thirty-day requirement of OCGA § 50-21-26 (a) (4)). Such strict compliance is required because "the GTCA represents a limited waiver of the State's sovereign immunity, crafted, as is constitutionally authorized, by our Legislature, and not subject to modification or abrogation by our courts." Cummings, 282 Ga. at 824, 653 S.E.2d 729 (citation omitted). Accordingly, Mr. Burroughs was only entitled to one renewal as plainly provided in OCGA § 9-2-61 (a).
For the above reasons, we find no error in the trial court's rulings dismissing the claims of Mr. and Mrs. Burroughs.
Judgments affirmed
Ellington, P.J., and Mercier, J., concur.