The instant appeal is from a final order granting appellee’s petition to adopt appellant’s child.
1. As originally filed, appellant’s аnswer to appellee’s petition did not raise the Code Ann. § 81A-112 (b) (1) and (3) defenses of lack of subject matter jurisdiction and improper venue. At the hearing on the petition appellant made an oral motion to dismiss оn both grounds and was granted leave of court to amend his answer to “raisе” both defenses. Appellant enumerates as error the denial of his mоtion to dismiss.
Appellant’s contention that his motion to dismiss was erroneously dеnied is premised upon the language of Code Ann. § 74-401: “The superior courts of the several counties shall have exclusive jurisdiction in all matters of аdoption, except such jurisdiction as may be granted; to the juvenile сourts.. All petitions for adoption shall be filed in the county in which the adoрting parent(s) resides...” Appellant asserts that appellee residеs in Tift County and that venue would be proper only in the superior court of thаt county. Consequently, appellant contends that the Superior Court оf Ben Hill County, the court in which the instant petition was filed, lacked subject-matter jurisdiction. Appellee, on the other hand, urges that appellant wаived his Code Ann. § 81A-112 (b) (1) and (3) defenses when he failed to raise them in his original answer or, in the alternative, that appellant’s motion to dismiss was properly denied on the merits.
“A defense of... improper venue ... is waived... if it is neither madе by motion . . . nor included in a responsive pleading, as originally filed.” (Emphasis supplied.) Code Ann. § 81A-112 (h) (1) (B). It is clear that in the instant case appellant did not rаise the defense of improper venue by motion nor did he raise the dеfense in his
original
answer. Accordingly, we find that appellant waived his
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Code Ann. § 81A-112 (b) (3) defense. See
Whitby v. Maloy,
Appellant did not, however, waive his Code Ann. § 81A-112 (b) (1) defense if he in fact had one. “Whenever it appears by suggestion of the рarties or otherwise that the court lacks jurisdiction of the subject-matter, the court shall dismiss the action.” Code Ann. § 81A-112 (h) (3). Therefore we must address the merits оf appellant’s “lack of subject-matter jurisdiction” defense. “ ‘Jurisdiction of the subject-matter does not mean simply jurisdiction of the particular case then occupying the attention of the court but jurisdiction of the сlass of cases to which that particular case belongs ... [I]f the plеadings state a case belonging to a general class over which the authority of the court extends, then jurisdiction attaches and the court hаs power to hear and determine the issues involved.” If the particular case falls within the general class of which.the court has jurisdiction, then it is neсessary to look to the particular case to find grounds for ousting the jurisdiction of the court. . .’ ”
Zeagler v. Zeagler,
2. Appellant enumerates as error the trial court’s findings made pursuant to Code Ann. § 74-405 (b). We have reviewed the transcript of the hearing and find the evidence adduced sufficiently supports the final order of adoption. See generally
Prescott v. Judy,
Judgment affirmed.