Rose v. Kosilla

Benham, Judge.

On March 1, 1985, appellant Rose filed suit against appellee Rosilla, seeking damages for injuries appellant allegedly suffered as a result of an automobile collision with appellee on March 2, 1983. On June 17, 1985, in support of a motion for service by publication (OCGA § 9-11-4 (e)), appellant’s attorney filed an affidavit averring that appellee could not be found in Georgia. Appellee’s insurance carrier was notified of the lawsuit on September 4, 1985. On October 28, 1985, contending that service by publication was unconstitutional in tort actions, appellee filed both an…