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11 Georgia opinions name it 2 courts 1990–2016 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Maalouf v. Knightgreen2 sentences2000See Maalouf v. Knight, 237 Ga. App. 509, 510 (1) ( 515 SE2d 650 ) (1999) (failure to raise defenses of insufficient service, lack of personal service, and improper venue either in the answer or by motion filed before or with the answer constitutes waiver under OCGA § 9-11-12 (h) (1)). 2000See Maalouf v. Knight, 237 Ga. App. 509, 510 (1) ( 515 SE2d 650 ) (1999) (failure to raise defenses of insufficient service, lack of personal service, and improper venue either in the answer or by motion filed before or with the answer constitutes waiver under OCGA § 9-11-12 (h) (1)). | 3 | 3 |
Marchman v. NCNB Texas National Bankgreen1 sentence2016Bank, 898 P2d 709, 721 (III) (N.M. 1995) (“Failure to assert the forum non conveniens issue in a pretrial motion or during the period allowed for defendant to file an answer does not constitute waiver.”) (citations omitted); but see Stevens v. Blevins, 890 P2d 936, 939 (Okla. 1995) *655 (“The failure to attempt to invoke the intrastate forum non conve-niens doctrine before a party files an answer constitutes a waiver.”); Hunt v. Hunt, 629 S2d 548, 554 (III) (3) (Miss. 1993) (“Forum non con-veniens is extremely similar to a defense of improper venue, which must be presented to the trial court b | 1 | 1 |
State v. Jaramillogreen2 sentences2007Thus, "failure to raise insufficiency of service either in the answer or by motion filed before or simultaneously with the answer constitutes a waiver of that defense. [Cit.]" State v. Jaramillo, 279 Ga. 691, 693 (2), 620 S.E.2d 798 (2005) (habeas corpus). 2007Thus, "failure to raise insufficiency of service either in the answer or by motion filed before or simultaneously with the answer constitutes a waiver of that defense. [Cit.]" State v. Jaramillo, 279 Ga. 691, 693 (2), 620 S.E.2d 798 (2005) (habeas corpus). | 1 | 1 |
Amaechi v. AMERICAN HONDA FINANCE CORPORATIONgreen2 sentences2004See, e.g., Amaechi v. American Honda Finance Corp., 251 Ga. App. 591 (1) ( 554 SE2d 536 ) (2001); Maalouf v. Knight, 237 Ga. App. 509, 510 ( 515 SE2d 650 ) (1999). 2004See, e.g., Amaechi v. American Honda Finance Corp., 251 Ga. App. 591 (1) ( 554 SE2d 536 ) (2001); Maalouf v. Knight, 237 Ga. App. 509, 510 ( 515 SE2d 650 ) (1999). | 1 | 1 |
Yeremian v. Ellisgreen2 sentences2004Failure to raise these defenses either in the answer or by motion filed before or simultaneously with the answer constitutes a waiver of these defenses.” (Citations and punctuation omitted.) Yeremian v. Ellis, 239 Ga. App. 805, 807 (1) (b) ( 521 SE2d 596 ) (1999). 2004Failure to raise these defenses either in the answer or by motion filed before or simultaneously with the answer constitutes a waiver of these defenses.” (Citations and punctuation omitted.) Yeremian v. Ellis, 239 Ga. App. 805, 807 (1) (b) ( 521 SE2d 596 ) (1999). | 1 | 1 |
Stamps v. Bank South, N.A.green2 sentences2000Compare Stamps v. Bank South, N.A., 221 Ga. App. 406, 409 (1), 471 S.E.2d 323 (1996) (acknowledgment of service of complaint does not itself waive right to service of summons). [13] See Maalouf v. Knight, 237 Ga.App. 509, 510 (1), 515 S.E.2d 650 (1999) (failure to raise defenses of insufficient service, lack of personal service, and improper venue either in the answer or by motion filed before or with the answer constitutes waiver under OCGA § 9-11-12(h)(1)). 2000Compare Stamps v. Bank South, N.A., 221 Ga. App. 406, 409 (1), 471 S.E.2d 323 (1996) (acknowledgment of service of complaint does not itself waive right to service of summons). [13] See Maalouf v. Knight, 237 Ga.App. 509, 510 (1), 515 S.E.2d 650 (1999) (failure to raise defenses of insufficient service, lack of personal service, and improper venue either in the answer or by motion filed before or with the answer constitutes waiver under OCGA § 9-11-12(h)(1)). | 1 | 1 |
Burnette v. McCartergreen2 sentences1999See also OCGA § 9-11-12 (h); Burnett v. McCarter, 211 Ga. App. 781, 782 ( 440 SE2d 488 ) (1994); Echols v. Dyches, 140 Ga. App. 191 ( 230 SE2d 315 ) (1976). 1999See also OCGA § 9-11-12 (h); Burnett v. McCarter, 211 Ga. App. 781, 782 ( 440 SE2d 488 ) (1994); Echols v. Dyches, 140 Ga. App. 191 ( 230 SE2d 315 ) (1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Stevens v. Blevinsgreen1 sentence2016Bank, 898 P2d 709, 721 (III) (N.M. 1995) (“Failure to assert the forum non conveniens issue in a pretrial motion or during the period allowed for defendant to file an answer does not constitute waiver.”) (citations omitted); but see Stevens v. Blevins, 890 P2d 936, 939 (Okla. 1995) *655 (“The failure to attempt to invoke the intrastate forum non conve-niens doctrine before a party files an answer constitutes a waiver.”); Hunt v. Hunt, 629 S2d 548, 554 (III) (3) (Miss. 1993) (“Forum non con-veniens is extremely similar to a defense of improper venue, which must be presented to the trial court b | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Whitley v. Hsu
green
2 sentences1999Failure to raise these defenses either in the answer or by motion filed before or simultaneously with the answer constitutes a waiver of these defenses.” (Citations and punctuation omitted.) Whitley v. Hsu, 260 Ga. 539 ( 397 SE2d 694 ) (1990). 1999Failure to raise these defenses either in the answer or by motion filed before or simultaneously with the answer constitutes a waiver of these defenses.” (Citations and punctuation omitted.) Whitley v. Hsu, 260 Ga. 539 ( 397 SE2d 694 ) (1990). | 5 | 1994–2005 |
Echols v. Dyches
green
2 sentences1999See also OCGA § 9-11-12 (h); Burnett v. McCarter, 211 Ga. App. 781, 782 ( 440 SE2d 488 ) (1994); Echols v. Dyches, 140 Ga. App. 191 ( 230 SE2d 315 ) (1976). 1999See also OCGA § 9-11-12 (h); Burnett v. McCarter, 211 Ga. App. 781, 782 ( 440 SE2d 488 ) (1994); Echols v. Dyches, 140 Ga. App. 191 ( 230 SE2d 315 ) (1976). | 1 | 1999–1999 |
Williams v. Fuller
green
1 sentence1994OCGA § 9-11-4; Williams v. Fuller, supra. Furthermore, “[u]nder OCGA § 9-11-12 (b) the defenses of insufficient service, lack of personal jurisdiction and improper venue must be raised ‘before or at the time of pleading.’ [Cit.] Failure to raise these defenses either in the answer or by motion filed before or simultaneously with the answer constitutes a waiver of these defenses. [Cits.]” Whitley v. Hsu, 260 Ga. 539 ( 397 SE2d 694 ) (1990). | 1 | 1994–1994 |
Kiplinger v. Oliver
green
2 sentences1990OCGA § 9-11-12 (h); Kiplinger v. Oliver, 244 Ga. 527 ( 260 SE2d 904 ) (1979). 1990OCGA § 9-11-12 (h); Kiplinger v. Oliver, 244 Ga. 527 ( 260 SE2d 904 ) (1979). | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.