Abernathy v. Abernathy

In ruling that the trial court properly exercised jurisdiction in this case, the majority demonstrates fundamental misunderstandings of our domestic relations long-arm statute9 and of the minimum contacts test set forth by the United States Supreme Court in Shaffer v. Heitner.10 For the reasons that follow, I would hold that OCGA § 9-10-91 (5) and the minimum contacts test preclude the exercise of jurisdiction by the trial court in this case.

1. The majority reasons that compliance with OCGA § 9-10-91 (5) is unnecessary in this case because it only applies to the exercise of personal…