319 Ga. App. 619
Ga. Ct. App.2013Background
- 2002 divorce decree awarded Turpén and Hamner joint legal and physical custody of their minor child.
- March 17, 2010 Turpén filed pro se contempt and Hamner filed a custody modification in Gwinnett County Superior Court.
- Hamner alleged Gwinnett residence; Turpén resided in Florida; Turpén was served at a Rabun County residence.
- June 23, 2010 Gwinnett County Superior Court consolidated the two actions.
- April 22, 2011 the court held a hearing; Turpén for the first time moved to transfer venue to Rabun County, claiming dual residences and Rabun residency since 2009.
- May 2, 2012 the trial court granted the transfer to Rabun County; on appeal Hamner argues Turpén waived improper venue and the court erred as a result.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether improper venue was waived. | Hamner | Turpén | Waived; trial court lacked authority to grant transfer. |
Key Cases Cited
- Orkin Extermination Co. v. Morrison, 187 Ga. App. 780 (1988) (general denial insufficient to raise venue issue)
- Daust v. Daust, 204 Ga. App. 29 (1992) (venue defense may be waived)
- Houston v. Brown, 212 Ga. App. 834 (1994) (waiver of venue defense permitted despite statutory language)
- In the Interest of H. D. M., 241 Ga. App. 805 (2000) (objection to venue waived if not raised timely)
- Ganny v. Ganny, 238 Ga. App. 123 (1999) (venue objection waived when not raised until late argument)
- HD Supply, Inc. v. Garger, 299 Ga. App. 751 (2009) (de novo review of undisputed facts; defer to trial court on disputed facts)
- Richardson v. Gilbert, 319 Ga. App. 72 (2012) (trial court erred granting transfer when venue defense waived)