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Heather Raganv.Derek Mallow

CourtCourt of Appeals of Georgia
Docket No.A12A1182
DecidedDecember 14, 2012
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedurePersonal JurisdictionDue ProcessPreservation of ErrorStatutory InterpretationEvidenceFirst ImpressionOverruling PrecedentVacaturRemand
Case Summary

Heather Ragan sued Derek Mallow for injuries from a car wreck and attempted personal service at two addresses before obtaining an order for service by publication. A sheriff’s affidavit suggested that Mallow’s mother had said he was avoiding service, while Mallow denied concealing himself. The trial court dismissed the action for lack of personal jurisdiction, reasoning that publication alone could never suffice, and it did not decide whether Mallow had evaded service or whether Ragan had acted diligently. The Georgia Court of Appeals held that Mallow did not waive his service and jurisdiction defenses merely by filing a notice concerning medical evidence. But it overruled prior decisions to the extent they categorically barred publication service from conferring jurisdiction. Under Georgia law, publication may provide due process when a resident actually present in the jurisdiction has actual notice and willfully hides to frustrate reasonable efforts at personal service, provided the statutory publication requirements are met. Because the trial court had not made the necessary factual findings, the Court vacated the dismissal and remanded for analysis of concealment, diligence, and the validity of the service. The entire court concurred in the judgment.

Opinion

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