Legal Opinion

Nesmith v. Landmark Dodge, Inc.

Court of Appeals of Georgia

Decided February 11, 2010No. A09A2307PublishedCited by 4 opinions

1Opinion of the Court

Miller, Chief Judge.

Barry Nesmith filed this action to recover damages from Landmark Dodge, Inc. (“Landmark”) for its breach of an alleged contractual obligation to make repairs to Nesmith’s vehicle. Landmark raised the defense of insufficient process and insufficient service of process in its answer, and filed a motion to dismiss for lack of service, which the trial court granted. On appeal, Nesmith contends that dismissal was erroneous because the evidence failed to support the trial court’s finding that Landmark’s administrative assistant was not an agent of Landmark’s registered agent and…

2Cases cited5 opinions

  1. Murray v. Sloan Paper Co.Court of Appeals of Georgia · 1994
  2. Baughan v. AlaouiCourt of Appeals of Georgia · 1999
  3. Wells v. Drain Doctor, Inc.Court of Appeals of Georgia · 2005
  4. Aikens v. BRENT SCARBROUGH & CO., INC.Court of Appeals of Georgia · 2007
  5. Bowers v. Economation, Inc.Court of Appeals of Georgia · 1993

3Cited by4 opinions

  1. RUSSELL v. MUSCOGEE COUNTY SCHOOL DISTRICT Et Al.Court of Appeals of Georgia · 2017
  2. Newsome v. JohnsonCourt of Appeals of Georgia · 2010
  3. Sampson v. Georgia Department of Juvenile JusticeCourt of Appeals of Georgia · 2014
  4. James A. Rafac v. Jiangsu Linhai Power MacHinery Group CorporationCourt of Appeals of Georgia · 2020

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