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Hawkins v. Blair

The trial court did not abuse its discretion in dismissing a complaint two South Carolina residents filed in Fulton County against a South Carolina resident and a law firm located in South Carolina on the ground of forum non conveniens.

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Charles Jordan Hawkins and Jacob Nathaniel Hawkins, residents of South Carolina, filed suit in Fulton County against James A. Blair, III, a resident of South Carolina and an attorney with Nexsen Pruet, LLC, which is located in South Carolina, alleging that Blair illegally transferred money from their personal bank accounts at Morgan Stanley in Atlanta to Nexsen Pruet’s bank accounts in Greenville, South Carolina, allegedly for legal fees arising out of a previous action. Jordan and Jacob appeal the trial court’s dismissal of their complaint on the ground of forum non conveniens. For the reasons shown below, we affirm.

We review the trial court’s decision to grant a motion to dismiss on the basis of forum non conveniens for abuse of discretion. Gowdy v. Schley, 317 Ga. App. 693, 695 2 732 SE2d 774 2012; Collier v. Wehemeier, 313 Ga. App. 421, 422 721 SE2d 919 2011. That said, the discretion of the trial court is not without some limits, and when an appeal properly is taken from the grant or denial of a motion to dismiss under the doctrine of forum non conveniens, the appellant is entitled to meaningful appellate review, even if that review is only for an abuse of discretion. Wang v. Liu, 292 Ga. 568, 569-570 1 740 SE2d 136 2013 footnote omitted. Also, we will affirm the trial court’s findings on disputed factual questions relating to venue if there is any evidence to support them. Killearn, Inc. v. Southern Structural, 308 Ga. App. 494, 495 707 SE2d 882 2011.

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