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Jahanbin v. Rafieishad
292 Ga. 806
| Ga. | 2013
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Background

  • 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)
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Case Details

Case Name: Jahanbin v. Rafieishad
Court Name: Supreme Court of Georgia
Date Published: Apr 15, 2013
Citation: 292 Ga. 806
Docket Number: S13F0190
Court Abbreviation: Ga.