Oduok v. Wedean Properties, Inc., 319 Ga. App. 785

Nzeribe executed a deed to Wells Fargo in May 2004 encumbering property later rented to Oduok.
Nzeribe defaulted in early 2008; Wedean Properties acquired title via nonjudicial foreclosure.
Feb 7, 2008 Alpha filed dispossessory action naming Nzeribe and others; writ of possession issued Mar 4, 2008.
April 21, 2008 eviction was executed; Oduok appealed magistrate court ruling but appeal was untimely.
May 8, 2009 Oduok sued alleging wrongful eviction and related claims; court granted summary judgment for Wedean and dismissed others for lack of service or failure to state a claim.
This appeal consolidates Case No. A12A2143 and A13A0039; court affirms A12A2143 and dismisses A13A0039 as moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment for Wedean Defendants was proper	Oduok contends eviction was wrongful and factual disputes exist.	Wedean shows proper foreclosure and lawful writ of possession.	Yes; eviction lawful and foreclosure proper.
Whether default judgment against Wedean Defendants was warranted	Service defects entitle default judgment against them.	Service issues resolved; no abuse; defendants appeared and answered.	No; no default due to lack of clear abuse of service.
Whether dismissal of remaining defendants for lack of service or failure to state a claim was proper	Ambiguous service records should permit service; dismissal prejudicial.	Insufficient service and failure to state claims warrant dismissal without prejudice.	Yes; dismissal without prejudice was proper.
Whether Case No. A13A0039 is moot	Appeal addresses unresolved issues from earlier litigation.	Remand changes rendered appeal moot.	Yes; moot.

Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 (1997) (service by tacking summons on door and mailing to last known address)
Bible v. Hughes, 146 Ga. App. 769 (1978) (service on a secretary not proper unless secretary is agent)
Headrick v. Fordham, 154 Ga. App. 415 (1980) (personal service must be on an actual agent)