Georgia Power Co. v. O'Bryant

I respectfully dissent from the majority’s affirming the trial court’s ruling refusing to dismiss the underlying complaint because of insufficiency of service of process. There is absolutely no dispute that the appellant timely “presented” the defense by including it within its answer which was also timely filed. Nor is there any dispute over the fact that, prior to the actual trial of the case, appellant filed a motion pursuant to OCGA § 9-11-12 (d) (Code Ann. § 81A-112) seeking a preliminary hearing on the defense of insufficiency of service of process. The trial court impliedly based its…