Whitley v. Hsu, 397 S.E.2d 694 (Ga. 1990). · Go Syfert
Whitley v. Hsu, 397 S.E.2d 694 (Ga. 1990). Cases Citing This Book View Copy Cite
34 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: Bonner v. Bonner (ga, 2000-07-05)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 4 distinct citers.
examined Cited "see" Bonner v. Bonner (4×)
Ga. · 2000 · signal: see · confidence high
See Whitley v. Hsu, 260 Ga. 539 ( 397 SE2d 694 ) (1990).
discussed Cited "see" B & D Fabricators v. D. H. Blair Investment Banking Corp. (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Whitley v. Hsu, 260 Ga. 539 ( 397 SE2d 694 ) (1990).
cited Cited "see" Davis v. Welch
Ga. Ct. App. · 1992 · signal: see · confidence high
See Granberry v. Granberry, 260 Ga. 539 ( 399 SE2d 72 ).
discussed Cited "see, e.g." In the Interest of S. K. L. (2×)
Ga. Ct. App. · 1991 · signal: see, e.g. · confidence low
See e.g., OCGA § 9-11-12 (b) Whitley v. Hsu, 260 Ga. 539 ( 397 SE2d 694 ).
Whitley
v.
Hsu
S90A1536.
Supreme Court of Georgia.
Nov 15, 1990.
397 S.E.2d 694
Karen Dove Barr, for appellant., sTerrell T. Hendrix, for appellee.
Per Curiam.
Cited by 16 opinions  |  Published
Per curiam.

Sylvana Whitley filed an action for divorce on April 23, 1990. Her husband, Jay T. Hsu, filed an answer and counterclaim on May 9, 1990. The answer responds to each paragraph of the petition. At a hearing held on May 15, 1990, Hsu moved that Whitley’s action be dismissed for insufficient service of process, lack of personal jurisdiction and improper venue. The court ordered Hsu to be served while he was in the courtroom. After briefs were filed on the issues of lack of personal jurisdiction and venue, the court granted the motion to dismiss. We granted this discretionary appeal and reverse.

Under 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.” OCGA § 9-11-12 (b). 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. OCGA § 9-11-12 (h); Kiplinger v. Oliver, 244 Ga. 527 (260 SE2d 904) (1979). Here, the defenses were not raised in the answer and counterclaim and were not preserved by a motion filed prior to or simultaneously with the answer. Therefore, the defenses were waived. However, even if the defenses were not waived, it is clear that the motion to dismiss for lack of personal jurisdiction and venue did not meet the standards set forth in Beasley v. Beasley, 260 Ga. 419 (396 SE2d 222) (1990). The motion to dismiss should have been denied.

Judgment reversed.

All the Justices concur.