Legal Opinion

Smith v. Phillips

Court of Appeals of Georgia

Decided October 29, 1984No. 68485PublishedCited by 27 opinions

1Opinion of the Court

Benham, Judge.

Plaintiff/appellee Phillips was injured when he was struck by an automobile being driven in Georgia by defendant/appellant Smith, a non-resident motorist. Phillips subsequently filed suit against Smith and requested that Smith be served pursuant to OCGA § 40-12-2. Service was made upon the Secretary of State, who forwarded a copy of the complaint and summons by certified mail to Smith at a Florida address. The letter was returned to the Secretary of State with the notation “undeliverable as addressed, no forwarding order on file.” The trial court then ordered service by…

2Cases cited22 opinions

  1. McCall v. Allstate InsuranceSupreme Court of Georgia · 1984
  2. Moss v. Cincinnati InsuranceCourt of Appeals of Georgia · 1980
  3. Wilkinson v. Vigilant Insurance CompanySupreme Court of Georgia · 1976
  4. Doe v. MossCourt of Appeals of Georgia · 1969
  5. Houston v. DoeCourt of Appeals of Georgia · 1975

17 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Bohannon v. FutrellCourt of Appeals of Georgia · 1988
  2. Cotton States Mutual Insurance v. BoganCourt of Appeals of Georgia · 1990
  3. Johnson v. AmersonCourt of Appeals of Georgia · 1986
  4. Maxwell v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1990
  5. Milburn v. Nationwide InsuranceCourt of Appeals of Georgia · 1997

22 more not listed; retrieve them via the Exa API.

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