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Employees' Retirement System Of Georgiav.Susan A. Pendergrass A/K/A Susan E. Brown

CourtCourt of Appeals of Georgia
Docket No.A17A2123
DecidedMarch 2, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedurePersonal JurisdictionContract LawStatutory InterpretationReversal
Case Summary

The Employees’ Retirement System of Georgia sued a former beneficiary who allegedly accepted more than six thousand dollars in retirement payments after her mother’s death. The beneficiary lived in Alabama, did not answer the complaint, and did not appear, but the trial court dismissed the action on its own initiative for lack of personal jurisdiction and improper venue before ruling on default judgment. The Georgia Court of Appeals reversed. It held that the complaint alleged sufficient Georgia-related conduct to support personal jurisdiction under the long-arm statute because the beneficiary had participated in directing the retirement funds to Georgia and allegedly converted overpayments made by the Georgia retirement system. The court also held that the nonresident had waived venue by failing to appear. Because the trial court had jurisdiction and the venue objection was forfeited, dismissal was improper. The court reversed the judgment and directed that the case proceed on the retirement system’s claims.

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Employees' Retirement System Of Georgia V. Susan A. Pendergrass A/K/A Susan E. Brown — The Atlanta Gleaner