Legal Opinion

Stuart v. Peykan, Inc.

Court of Appeals of Georgia

Decided March 19, 2003No. A03A0519PublishedCited by 12 opinions

1Opinion of the Court

Blackburn, Presiding Judge.. Frederick A. Stuart appeals the trial court’s grant of summary judgment to Peykan, Inc. and the denial of his own motion for summary judgment, arguing, among other things, that the trial court lacked personal jurisdiction over him. We agree that the trial court lacked jurisdiction and reverse.

As the trial court correctly observed in its order, a motion for summary judgment is an improper vehicle for raising the issue of lack of personal jurisdiction. A motion to dismiss for lack of personal jurisdiction is a motion in abatement and not a motion in bar and cannot…

2Cases cited8 opinions

  1. Hanson v. DencklaSupreme Court of the United States · 1958
  2. Behar v. Aero Med International, Inc.Court of Appeals of Georgia · 1988
  3. First United Bank of Mississippi v. First National BankSupreme Court of Georgia · 1986
  4. Mayacamas Corp. v. Gulfstream Aerospace Corp.Court of Appeals of Georgia · 1989
  5. White House, Inc. v. WinklerCourt of Appeals of Georgia · 1992

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3Cited by12 opinions

  1. Aero Toy Store, LLC v. GrievesCourt of Appeals of Georgia · 2006
  2. Home Depot Supply, Inc. v. Hunter Management, LLC.Court of Appeals of Georgia · 2008
  3. Robertson v. CRI, INC.Court of Appeals of Georgia · 2004
  4. Sol Melia, SA v. BrownCourt of Appeals of Georgia · 2009
  5. American College Connection, Inc. v. BerkowitzCourt of Appeals of Georgia · 2015

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

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