Timis Vasile D/B/A Timis Auto Sales Et Al.v.Enoch Addo
Enoch Addo sued Timis Vasile and Roga Import Export after alleging that the defendants received $72,000 by wire transfer but did not turn the money over to him. Addo obtained permission to serve Vasile by publication and mail after evidence that Vasile knew about the lawsuit but avoided personal service, and he served Roga through the Georgia Secretary of State. The trial court entered a joint default judgment and later denied the defendants motions to set it aside. The Georgia Court of Appeals held that the trial court properly denied relief to Roga because the record supported substitute service and Addo exercised due diligence. Vasile was entitled to relief, however, because the statutory requirements for service by publication and proof of the default judgment had not been strictly satisfied. The court affirmed the ruling as to Roga, reversed it as to Vasile, vacated the joint judgment to that extent, and remanded.
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