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Susan Kolb Et Al.v.Nicole Daruda

CourtCourt of Appeals of Georgia
Docket No.A19A0296
DecidedJune 20, 2019
Reporter346 Ga. App. 591
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawDefamationCivil ProcedurePersonal JurisdictionStatutory InterpretationVacaturRemand
Case Summary

Susan Kolb and her professional corporations sued Nicole Daruda, a British Columbia resident, alleging that Daruda used a website and Facebook forum to publish harmful statements and interfere with Kolb’s Georgia plastic-surgery practice. Daruda moved to dismiss for lack of personal jurisdiction and submitted an affidavit denying contacts with Georgia. Kolb sought limited jurisdictional discovery, including a deposition and records concerning Georgia users and communications. The trial court dismissed without allowing the discovery. The Court of Appeals vacated and remanded. Georgia’s Civil Practice Act provides that limited discovery needed to respond to a personal-jurisdiction defense must be permitted before the motion is decided. The statute did not require Kolb to identify in advance the specific evidence discovery would uncover, and the trial court could not treat the absence of a separate motion to compel as a reason to deny the request. The court left jurisdiction unresolved and required the trial court to allow appropriate limited discovery before ruling.

Opinion

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