Category Archives: Service of Process

GA mother was not properly served with process.

Denial of mother’s and maternal grandmother’s motion to dismiss paternal grandparents’ petition for visitation rights or in alternative to transfer case for improper venue, reversed, as mother was not properly served with process , even though she was subject to personal jurisdiction pursuant to Georgia’s long-arm statute; clear and convincing evidence rebutted paternal grandparents’ prima facie case of proper service under long-arm statute based on sheriff’s return of service, since sheriff served mother at maternal grandmother’s prior Georgia address, even though mother was residing in Arizona at that time, and paternal grandparents submitted no evidence showing that service was proper other than sheriff’s return of service; venue was not proper in Effingham county, since maternal grandmother moved to Chatham county before paternal grandparents filed their petition; although maternal grandmother continued to utilize her former Effingham county residence address to retain certain benefits including filing temporary guardianship petition there and keeping her children in Effingham county schools, evidence showed that she was domiciled in Chatham county, so case remanded with direction for trial court to transfer it to Chatham County Superior Court.

Oglesby v. Deal, A11A1239 (09/08/11)

Fulton County Daily Report, September 23, 2011