Jahanbin v. Rafieishad
292 Ga. 806
| Ga. | 2013Background
- Manoucher Jahanbin and Zahra Rafieishad married in Atlanta after moving from Iran and separated as husband traveled internationally.
- Wife Feld for divorce in Fulton County Superior Court on May 19, 2011.
- Efforts to serve husband in Iran were unsuccessful, prompting a court order directing service under OCGA § 9-11-4 (f) (3) (B) (iii) (II).
- Court instructed clerk to mail summons to husband at Tehran, Iran; clerk allowed wife’s attorney to complete the registered mail receipt in Farsi.
- Plaintiff argues service under OCGA § 9-11-4 (f) (3) (B) (iii) (II) was not perfected; trial court denied husband’s motion to set aside final judgment.
- Trial court’s finding that service was perfected was reversed; no need to address remaining issues due to lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service was perfected under OCGA § 9-11-4 (f) (3) (B) (iii) (II). | Jahanbin contends service was perfected per statute. | Rafieishad contends clerk's involvement failed to meet the requirement. | No; service was not perfected, voiding jurisdiction. |
Key Cases Cited
- Bonner v. Bonner, 272 Ga. 545 (2000) (service jurisdiction cannot be acquired without proper service)
- Bible v. Bible, 259 Ga. 418 (1989) (strict compliance with service provisions required)
- Southworth v. Southworth, 265 Ga. 671 (1995) (general requirement of proper service for jurisdiction)
- Williams v. Batten, 156 Ga. 620 (1923) ( clerk must address and dispatch mail to verify service)
