Department of Transportation v. Marks

Andrews, Judge.

The plaintiffs, Marks et al., filed suit in Chattooga County against the Department of Transportation (DOT) and served the DOT by placing a copy of the summons and complaint in a package addressed to the DOT Commissioner at his office in the DOT building in Atlanta and having the package delivered to that address by United Parcel Service (UPS), a private delivery service. UPS delivered the package to the mail room manager at the DOT building, who delivered it on the same day to the Commissioner’s office. The trial court concluded service was sufficient under the provisions of…