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Freddie Stylesv.Spyke Ten, Llc

CourtCourt of Appeals of Georgia
Docket No.A17A0578
DecidedJune 27, 2017
Reporter292 Ga. App. 57
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureProperty LawPersonal JurisdictionDue ProcessVacaturReversal
Case Summary

Freddie Styles owned Atlanta property that was sold at a tax sale, producing excess funds. Spyke Ten later sued to recover a separate tax lien and obtained a default judgment after serving Styles by publication. Styles moved to set aside the judgment, arguing that the trial court lacked personal jurisdiction because the statutory prerequisites for publication service had not been met. The Georgia Court of Appeals held that the evidence did not support the trial court’s finding that Styles could not be personally served or that publication was authorized. The record showed that Styles owned the property and that the plaintiff had access to information that could have supported a diligent search for him. Because service by publication was improper, the resulting default judgment was void for lack of personal jurisdiction. The court reversed the denial of Styles’s motion to set aside the judgment.

Opinion

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Freddie Styles V. Spyke Ten, Llc — The Atlanta Gleaner