O.C.G.A.

O.C.G.A. § 9-12-114 (2019)

Recognition of personal jurisdiction

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served personally in the foreign country; (2) The defendant voluntarily appeared in the proceedings other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over the defendant; (3) Prior to the commencement of the proceedings, the defendant had agreed to submit to the jurisdiction of the foreign court, with respect to the subject matter involved;

(4) The defendant was domiciled in the foreign country when the proceedings were instituted or was a corporation or other form of business organization that had its principal place of business in or was organized under the laws of the foreign country; (5) The defendant had a business office in the foreign country and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or (6) The defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a cause of action arising out of such operation. (b) The courts of this state may recognize other bases of personal jurisdiction other than those listed in subsection (a) of this Code section.

History

(Ga. L. 1975, p. 479, § 5; Code 1981, § 9-12-114, as redesignated by Ga. L. 2015, p. 996, § 2-1/SB 65.)

Annotations

Editor’s notes. - Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides: ‘‘(a) This Act shall be known and may be cited as the ‘Debtor Creditor Uniform Law Modernization Act of 2015.’ ‘‘(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships.’’ Ga. L. 2015, p. 996, § 2-1, effective July 1, 2015, redesignated former Code Section 9-12-114 as present Code Section 9-12-113(b). Ga. L. 2015, p. 996, § 7-1/SB 65, not codified by the General Assembly, provides, in part: ‘‘Part 2 of this Act shall apply to all actions filed on or after July 1, 2015, in which the recognition of a foreign country judgment is raised.’’

JUDICIAL DECISIONS Collateral attack on petition to domesticate foreign judgment on ground that the judgment was based on lack of personal jurisdiction is precluded in this state only if the defendant has appeared in the foreign court and has thus had an

opportunity to litigate the issue. Borg-Warner Health Prods., Inc. v. May, 154 Ga. App. 482, 268 S.E.2d 770 (1980). Cited in Glover v. Clark, 161 Ga. App. 552, 288 S.E.2d 887 (1982).

RESEARCH REFERENCES Am. Jur. 2d. - 47 Am. Jur. 2d, Judgments, § 788 et seq. C.J.S. - 50 C.J.S., Judgments, §§ 1282, 1300 et seq., 1326, 1348, 1376. U.L.A. - Uniform Foreign Money-Judgments Recognition Act (U.L.A.) § 5. ALR. - Conclusiveness of decision of sister state on a contested hearing as to its own jurisdiction, 52 ALR 740.

Injunction against suit in another state or country for divorce or separation, 54 ALR2d 1240. Construction and application of state statutes or rules of court predicating in personam jurisdiction over nonresidents of foreign corporations on making or performing a contract within the state, 23 ALR3d 551.

Notes of Decisions

Cited in 6 cases, 1988–2014 · leading case: Tandy Comput. Leasing v. Smith, 366 S.E.2d 417 (Ga. Ct. App. 1988).

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Tandy Comput. Leasing v. Smith, 366 S.E.2d 417 (Ga. Ct. App. 1988). · cites it 4× “Even if it had been proper to set aside the first summary judgment, *103 the court erred in applying OCGA § 9-12-114 (2) and ruling that the Texas court lacked personal jurisdiction, which was one of Smith's defenses.”

Aqua Sun Investments, Inc. v. Kendrick, 524 S.E.2d 519 (Ga. Ct. App. 1999). · cites it 2× “OCGA § 9-12-114 (2). Aqua Sun asserted that under Florida law, a Florida court may exercise personal jurisdiction over a nonresident defendant who owns, uses, or possesses real property situated within the State of Florida.”

Green Certified Energy Professionals, Inc. v. Insulation Distributors, Inc., 759 S.E.2d 554 (Ga. Ct. App. 2014). · cites it 4× “See also OCGA § 9-12-114 (2) (“A foreign judgment shall not be recognized if.”

Dep't of Human Resources v. Fenner, 510 S.E.2d 534 (Ga. Ct. App. 1998). · cites it 2× “Contrary to Fenner’s argument, OCGA § 9-12-114 (5), listing fraud as a defense to a money judgment, is therefore inapplicable.”

Shehadeh v. Alexander, 727 S.E.2d 227 (Ga. Ct. App. 2012). · cites it 14× “See OCGA § 9-12-114 (10). We agree and reverse.”

Green Certified Energy Professionals, Inc. v. Insulation Distributors, Inc. (Ga. Ct. App. 2014). · cites it 4× “See also OCGA § 9-12-114 (2) (“A foreign judgment shall not be recognized if .”

— 9-12-114(2) — 1 case

Green Certified Energy Professionals, Inc. v. Insulation Distributors, Inc., 759 S.E.2d 554 (Ga. Ct. App. 2014). “See also OCGA § 9-12-114 (2) (“A foreign judgment shall not be recognized if.”

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