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Georgia Department of Human Services et al.v.Dougherty County et al.

CourtCourt of Appeals of Georgia
Docket No.A14A2266
DecidedFebruary 2, 2015
Reporter330 Ga. App. 581; 768 S.E.2d 771
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges McFadden and Ray
Tags
CivilCivil ProcedureGovernment LawConstitutional LawStatutory InterpretationReversalVacaturRemand
Case Summary

Dougherty County and its sheriff sued two state agencies to recover statutory fees for serving process in civil actions the agencies filed there. The agencies specially appeared and moved to dismiss, arguing in part that venue was improper; the superior court denied the motion and certified its ruling for immediate review. The Court of Appeals of Georgia held that the action had to be brought in the county where the state defendants resided because the Georgia Constitution supplied the governing venue rule and the Legislature had created no exception for this claim. The agencies’ principal offices were in Fulton County, and the court distinguished an older decision involving a statutory tort-claim venue rule. Because the Dougherty County court lacked venue, it lacked authority to decide the remaining grounds for dismissal, rendering those portions of its order void. The appellate court reversed the venue ruling, vacated the remainder of the order, and remanded with direction to transfer the case to Fulton County.

Opinion

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