Collier v. Wehmeier
313 Ga. App. 421
| Ga. Ct. App. | 2011Background
- Maycel Collier and Cary Collier, Florida residents, sought admission as personal representatives of Bruce Collier's estate in Florida; resolution of qualification issue pending in Marion County probate court.
- They filed a Fulton County, Georgia declaratory judgment action seeking a common-law marriage between Bruce and Maycel and Cary as their legitimate daughter, naming seven defendants (including Florida residents and metro Atlanta residents).
- Three Georgia defendants moved to dismiss under forum non conveniens; the trial court granted dismissal.
- OCGA § 9-10-31.1(a) requires seven factors for forum non conveniens; movant bears the burden; appellate review is for abuse of discretion.
- The trial court concluded most parties resided in Florida, weighed factors accordingly, found viewing and premises neutral, and weighed local interest and administrative difficulties in favor of dismissal; traditional deference to the plaintiff’s forum was considered; the court dismissed, and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly applied the seven-factor test | Collier argued the court abused discretion by misapplying factors | Wehmeier argued the court's findings were supported by undisputed facts | No abuse; factors properly weighed |
| Whether the first two factors supported dismissal due to Florida residency and witness access | Collier asserted Georgia witnesses and records favored Georgia forum | Court found most parties in Florida; Florida forum more convenient | Factors 1–2 weighed in favor of Florida |
| Whether the court correctly weighed the local interest and deference factors | Collier argued Georgia law application and local interest favored Georgia | Florida probate matter and lack of Georgia ties favored dismissal | Factor 6 favored defendants; factor 7 weighed toward plaintiffs but not controlling; no reversal |
Key Cases Cited
- Hawthorn Suites &c. v. Feneck, 282 Ga. 554 (Ga. 2007) (relevance of undisputed facts to forum non conveniens analysis)
- R. J. Taylor Mem. Hosp. v. Beck, 280 Ga. 660 (Ga. 2006) (burden on movant to show factors favor dismissal)
- The John Hardy Group v. Cayo Largo Hotel Assocs., 286 Ga. App. 588 (Ga. App. 2007) (appellate review for abuse of discretion in forum non conveniens)
- Fed. Ins. Co. v. Chicago Ins. Co., 281 Ga. App. 152 (Ga. App. 2006) (consideration of seven-factor framework under OCGA § 9-10-31.1(a))