Georgia Ass'n of Professional Process Servers v. Jackson
302 Ga. 309
Ga.2017Background
- Association sought mandamus, declaratory judgment, and injunctive relief against seven sheriffs over OCGA § 9-11-4.1 certified process servers.
- Sheriffs argued the statute grants threshold discretion to decide whether certified servers may operate in their counties.
- Trial court granted summary judgment for the Sheriffs on all but mandamus; declaratory/injunctive claims were dismissed.
- Court held sovereign immunity bars declaratory and injunctive relief against state officials in their official capacities; remanded for dismissal of those claims.
- On mandamus, court found no clear legal right to compel the Sheriffs to allow certification actions; statute grants discretion rather than a mandatory duty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether declaratory/injunctive relief is barred by sovereign immunity. | Association asserted Sheriffs have a duty to permit certified servers. | Sovereign immunity bars such claims against state officials. | Barred; declaratory/injunctive claims dismissed. |
| Whether mandamus lies to force Sheriffs to allow certified process servers. | Sheriffs must review notices and permit qualified servers when criteria are met. | Statute grants threshold discretion; mandamus cannot compel a specific result. | No mandamus relief to compel approval; discretion remains with sheriffs. |
| Whether the statute's text renders 9-11-4.1 meaningless by allowing discretion at the county level. | Discretion to deny renders the statute meaningless; mandamus should enforce a duty. | Plain reading shows separate thresholds: certification vs. county-allowance; statute is not meaningless. | Statute is not meaningless; sheriffs may decide threshold admissibility while certification remains possible. |
| Whether the association is entitled to attorney fees under OCGA § 13-6-11. | Prevailing on mandamus should yield fees. | Association did not prevail on mandamus; no fees awarded. | Not entitled to attorney fees. |
Key Cases Cited
- Lathrop v. Deal, 301 Ga. 408 (Ga. 2017) (sovereign immunity threshold; jurisdictional grounding)
- Olvera v. Univ. Sys. of Ga. Bd. of Regents, 298 Ga. 425 (Ga. 2016) (sovereign immunity bars declaratory relief)
- Georgia Dept. of Natural Resources v. Center for a Sustainable Coast, 294 Ga. 593 (Ga. 2014) (sovereign immunity bars injunctive relief)
- Bibb County v. Monroe County, 294 Ga. 730 (Ga. 2014) (mandamus requires a clear legal duty when duty exists)
- Deal v. Coleman, 294 Ga. 170 (Ga. 2013) (plain reading of statute governs discretion and duties)
- McConnell v. Ga. Dept. of Labor, 302 Ga. 18 (Ga. 2017) (jurisdictional issues; lack of subject-matter jurisdiction cannot be waived)