The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Basmatie Jorreev.Pmb Rentals, Llc

CourtCourt of Appeals of Georgia
Docket No.A18A1466
DecidedMarch 11, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureDue ProcessCertiorariStatutory InterpretationRemand
Case Summary

PMB Rentals obtained a default judgment after attempting to serve Basmatie Jorree and her husband in a suit involving payments for storage units, possession of the units, and conversion. After ordinary service attempts failed, the magistrate court authorized service by publication and entered default judgment. Jorree later moved to set the judgment aside, but the magistrate court denied the motion. The superior court dismissed her certiorari petition as untimely. The Court of Appeals vacated and remanded. It held that the superior court miscalculated the time for seeking certiorari because the relevant period began when the magistrate court denied the motion to set aside, not when the original default judgment was entered. The superior court was directed to vacate its judgment and return the case to the magistrate court to address the merits of the motion. The court also emphasized that publication is a notoriously unreliable form of notice and may be used only after reasonable diligence to locate interested parties. Because the timeliness ruling resolved the appeal, the court did not reach Jorree’s remaining challenges.

Opinion

Loading published copy…

The Far Side
Basmatie Jorree V. Pmb Rentals, Llc — The Atlanta Gleaner