Oglesby v. Deal
311 Ga. App. 622
| Ga. Ct. App. | 2011Background
- G.D. was born February 10, 2010, and has resided with Oglesby since birth.
- Oglesby lived initially at 129 Godley Road, Bloomingdale (Effingham County) and moved in May 2010 to 109 Godley Road, Bloomingdale (in Chatham County).
- Oglesby petitioned on September 22, 2010 for temporary letters of guardianship of G.D. and was appointed temporary guardian the same day.
- Deals filed a petition for grandparents' visitation in Effingham County Superior Court on October 18, 2010.
- Thornburg moved to Arizona on October 7, 2010; sheriff attempted to serve Thornburg by leaving the summons with Oglesby at 129 Godley Road on November 3, 2010.
- Trial court found venue proper in Effingham County and held personal jurisdiction over Oglesby and Thornburg with adequate service; this interlocutory appeal challenges those rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thornburg was properly served and subject to long-arm jurisdiction | Deals contend Thornburg was properly served under OCGA 9-10-94 and subject to long-arm jurisdiction. | Oglesby/Thornburg argue service was improper and/or jurisdiction defective. | Thornburg service improper; long-arm jurisdiction acknowledged but failed service. |
| Whether venue was proper in Effingham County for Oglesby | Deals claim Oglesby resided in Effingham, making venue proper there. | Oglesby actually domiciled in Chatham County; venue improper in Effingham. | Venue improper for Oglesby; case remanded for transfer to Chatham County. |
Key Cases Cited
- McLendon v. Albany Warehouse Co., 203 Ga.App. 865, 418 S.E.2d 130 (1992) (preliminary hearing; trial court's jurisdiction and venue rulings)
- Hardin Constr. Group v. Fuller Enterprises, 233 Ga.App. 717, 505 S.E.2d 755 (1998) (sufficiency of service; evidence required to show improper service)
- Yelle v. U.S. Suburban Press, 216 Ga.App. 46, 453 S.E.2d 108 (1995) (burden on defendant to challenge service; prima facie proof may be rebutted)
- Gordon v. Gordon, 269 Ga.App. 224, 603 S.E.2d 732 (2004) (intra-state jurisdiction and domicile considerations for venue)
- Dozier v. Baker, 283 Ga.App. 543, 661 S.E.2d 543 (2008) (domicile and residence as mixed questions of law and fact)