Legal Opinion

Due West Associates, Inc. v. RENFROE MINING & GRADING COMPANY, INC.

Court of Appeals of Georgia

Decided February 5, 1990No. A89A1820PublishedCited by 4 opinions

1Opinion of the Court

Beasley, Judge.

The trial court refused to set aside a default judgment, on the ground of insufficient service of process, which had been entered in favor of plaintiff Renfroe. The question on appeal is whether the trial court erred as a matter of law in finding as fact that the person who accepted service for the corporation was at that time the secretary/ treasurer and managing agent. Service upon him in either capacity would fulfill the requirement. OCGA § 9-11-4 (d).

When a question of fact must be resolved in order to determine the validity of a claim of insufficient service which is the…

2Cases cited4 opinions

  1. News-Press Publishing Company, Inc. v. KalleCourt of Appeals of Georgia · 1985
  2. Northwestern National Insurance v. Kennesaw Transportation, Inc.Court of Appeals of Georgia · 1983
  3. Norman Service Industries, Inc. v. LustyCourt of Appeals of Georgia · 1983
  4. Power v. MobleyCourt of Appeals of Georgia · 1984

3Cited by4 opinions

  1. Vibratech, Inc. v. FrostCourt of Appeals of Georgia · 2008
  2. McRae v. WhiteCourt of Appeals of Georgia · 2004
  3. Finlon v. W & J Factors, Inc.Court of Appeals of Georgia · 2002
  4. G. J. Soracco, M.D., P.C. v. DomineckCourt of Appeals of Georgia · 1998

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