WyCo, Inc. v. Bosce Die Casting Co., Inc., 53642

• Decision Date: 16 March 1977
• Docket Number: No. 3,No. 53642,53642,3
• Citation: 141 Ga.App. 628,234 S.E.2d 172
• Parties: WYCO, INC., v. BOSCE DIE CASTING COMPANY, INC., et al
• Court: Georgia Court of Appeals

Page 172

234 S.E.2d 172

141 Ga.App. 628

WYCO, INC., v. BOSCE DIE CASTING COMPANY, INC., et al.

No. 53642.

Court of Appeals of Georgia, Division No. 3.

March 16, 1977.

Awtrey, Parker, Risse, Mangerie & Brantley, A. Sidney Parker, Toby B. Prodgers, Marietta, for appellant.

Flournoy, Evans & Separk, Charles A. Evans, Marietta, for appellees.

WEBB, Judge.

This is an appeal from a grant of summary judgment to defendants on the grounds as asserted in the motion that they were not subject to the jurisdiction of the court which was attempted to be invoked by plaintiff under the Long Arm Statute, Code Ann. § 24-113.1 et seq. These questions as to jurisdiction and venue are not within the scope of the summary judgment procedure since they are matters in abatement which the bar of summary judgment does not reach. Hemphill v. Con-Chem, Inc., 128 Ga.App. 590, 197 S.E.2d 457 (1973) and cases cited; Larwin Mortgage Investors v. Delta Equities, 129 Ga.App. 769, 201 S.E.2d 187 (1973). Accord: Chatham v. Royal-Globe Ins. Cos., 135 Ga.App. 59, 217 S.E.2d 308 (1975) and cases cited. In accordance with the dispositions made in those cases the judgment will be reversed and the case remanded for further appropriate proceedings.

Judgment reversed and case remanded.

DEEN, P. J., and MARSHALL, J., concur.