Swanigan v. Leroux

McMurray, Presiding Judge.

Plaintiffs Cordelia Swanigan, Mamie E. Swanigan and Kirby Choates appeal from an order granting defendant Roger Leroux’s motion for summary judgment based on insufficient service of process under Georgia’s Nonresident Motorist Act, OCGA § 40-12-1 et seq. The trial court disposed of plaintiffs’ complaint in response to defendant’s motion for summary judgment because plaintiffs served defendant, a resident of Canada, by regular mail — not registered or certified mail as required by OCGA § 40-12-2. Held:

1. Because it is undisputed that defendant received the summons and…