Legal Opinion

Ballenger v. Floyd

Court of Appeals of Georgia

Decided November 28, 2006No. A06A1763PublishedCited by 9 opinions

1Opinion of the Court

ANDREWS, Presiding Judge.

Plaintiffs below appeal from the trial court’s grant of Troy Christopher Floyd’s motion to dismiss due to insufficient service of process. We find no error and affirm.

This case arose after an automobile accident in which plaintiffs’ (collectively “Ballenger’s”) decedent was killed. Ballenger sued the driver of the other vehicle, the driver’s father, Hooters’ Restaurant, and Troy Floyd, a passenger in the other vehicle.

Instead of serving Floyd personally with the summons and complaint, the process server attempted to serve him pursuant to OCGA § 9-11-4 (e) (7), which…

2Cases cited8 opinions

  1. Bible v. BibleSupreme Court of Georgia · 1989
  2. Terrell v. PorterCourt of Appeals of Georgia · 1989
  3. Yelle v. U. S. Suburban Press, Inc.Court of Appeals of Georgia · 1995
  4. Pryor v. Douglas Shopper — Coffee County NewsCourt of Appeals of Georgia · 1999
  5. Nucor Corp. v. MeyersCourt of Appeals of Georgia · 1994

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

3Cited by9 opinions

  1. Hutcheson v. Elizabeth Brennan Antiques & Interiors, Inc.Court of Appeals of Georgia · 2012
  2. State Farm Mutual Automobile Insurance Co. v. MandersCourt of Appeals of Georgia · 2008
  3. Milton v. GoinsCourt of Appeals of Georgia · 2011
  4. Jones v. Lopez-HerreraCourt of Appeals of Georgia · 2011
  5. Oduok v. Wedean Properties, Inc.Court of Appeals of Georgia · 2013

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

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