Legal Opinion · Concurrence

Green v. Green

Supreme Court of Georgia

Decided November 22, 1993No. S93A0780Published

1ConcurrenceSears-Collins, Justice

I disagree with both of the reasons given by the majority for reversing the judgment of the trial court. However, I concur in the judgment because I would reverse on the ground that notice of a nonresident, pro se litigant’s trial date by publication of a trial calendar in a county’s legal journal is insufficient to satisfy due process.

1. First, I disagree with the majority’s interpretation of Uniform Superior Court Rule (USCR) 8.4 and its holding that the “calendar call . . . did not require the presence of the parties to this action.” Majority opinion at 552. USCR 8.4 provides that

parties…

2Cases cited14 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
  4. Spyropoulos v. John Linard EstateSupreme Court of Georgia · 1979
  5. Brown v. Citizens & Southern National BankSupreme Court of Georgia · 1980

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