Larwin Mortg. Investors v. Delta Equities, Inc., 48548
| Decision Date | 02 October 1973 |
| Docket Number | No. 48548,No. 3,48548,3 |
| Parties | LARWIN MORTGAGE INVESTORS v. DELTA EQUITIES, INC |
| Court | Georgia Court of Appeals |
Cofer, Beauchamp & Hawes, Peter B. Glass, Atlanta, for appellant.
Dunaway, Shelfer, Haas & Newberry, William S. Shelfer, Jr., Atlanta, for appellee.
Syllabus Opinion by the Court
Delta Equities, Inc., a Georgia corporation, filed an action on July 11, 1972 in the Civil Court of Fulton County, Georgia, against Larwin Mortgage Investors, a nonresident (California) corporation, for money had and received. Service of the summons and complaint was had on the person allegedly in charge of the defendant's office and place of doing business in Los Angeles County, Cal., on August 4, 1972. By stipulation of counsel, pursuant to Code Ann. § 81A-106(b) (Ga.L.1966, pp. 609, 617; 1967, pp. 226, 229, 230), on August 11, 1972, extension was obtained until August 24, 1972 for the filing of defensive pleadings. On September 1, 1972, the defendant filed a motion to dismiss, raising the defenses of (1) lack of jurisdiction over the person, (2) insufficiency of service of process, and (3) failure to state a claim upon which relief can be granted. On September 5, 1972, the defendant filed an answer which also contained the aforestated three defenses. On November 6, 1972, the defendant withdrew its motion to dismiss. On April 19, 1973, the defendant filed a motion for summary judgment on the ground of lack of jurisdiction over its 'person' and insufficiency of service of process, supported by two affidavits in support of its contention that it was not, and had not been, transacting business in Georgia so as to be subject to service under Code Ann. § 24-113.1 (Ga.L.1966, p. 343; 1970, pp. 443, 444), the so-called 'Long 'Arm Statute,' under the provisions of which the defendant was apparently served. The defendant appeals from the denial, of its motion for summary judgment, which was certified for review. Held:
1. Boyd Motors, Inc. v. Radcliff, 128 Ga.App. 15, 16, 195 S.E.2d 291; Hemphill v. ConChem, Inc., 128 Ga.App. 590, 197 S.E.2d...
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Clark v. BOARD OF REGENTS, UNIV. OF GA.
...232 S.E.2d 552 (1977); Ogden Equip. Co. v. Talmadge Farms, 232 Ga. 614, 615, 208 S.E.2d 459 (1974); Larwin Mtg. Investors v. Delta Equities, 129 Ga.App. 769, 770(1), 201 S.E.2d 187 (1973); Hemphill v. Con-Chem, 128 Ga. App. 590, 591-593, 197 S.E.2d 457 (1973). Therefore, the trial court err......
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