Pannell v. Pannell, 63653
| Decision Date | 09 April 1982 |
| Docket Number | No. 63653,63653 |
| Citation | 162 Ga.App. 96,290 S.E.2d 184 |
| Parties | PANNELL v. PANNELL. |
| Court | Georgia Court of Appeals |
Amanda F. Williams, Brunswick, James C. Williams, St. Simons Island, for appellant.
William E. Dismer, St. Simons Island, for appellee.
The plaintiff sued to obtain a judgment for arrearages allegedly owed by her former husband under the child support and alimony provisions of a separation agreement signed by them on June 19, 1973. This agreement was incorporated into and made a part of the parties' final divorce decree rendered in this state on July 31, 1973. The defendant is now a resident of Florida. Personal jurisdiction over him in this action is predicated on Georgia's Long Arm Statute, Code Ann. § 24-113.1(a) (as amended through 1970), based on the theory that he transacted business in this state by signing the separation agreement here. The trial court ruled that the separation agreement had merged into the divorce decree and, based on this determination, granted the defendant's motion to dismiss the complaint for lack of personal jurisdiction. The plaintiff appeals, citing specific language in the separation agreement to the effect that the agreement would not merge into any subsequent divorce decree but would remain binding even if fully incorporated therein. Held :
Kiser v. Kiser, 101 Ga.App. 511, 512, 114 S.E.2d 397 (1960).
Faced with the identical issue before us now in this case, the United States District Court for the Northern District of Georgia has held that since the separation agreement merges into the divorce decree, any action with respect to the issues therein covered must be brought on the judgment rather than the agreement and that the issuance of the judgment does not constitute a transaction of business by the parties to the litigation so as to give rise to jurisdiction over a non-resident under...
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...of business within the meaning of the "transacts any business" section of the Long Arm Statute. However, in Pannell v. Pannell, 162 Ga.App. 96, 290 S.E.2d 184 (1982), the former wife, a Georgia resident, was suing her former husband, a Florida resident, to collect arrearages allegedly due u......
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