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Kingdom Retail Group LLP v. Pandora Franchising LLC

The trial court erred in transferring the plaintiff's tort action against a foreign corporation to another county in Georgia pursuant to O.C.G.A. § 14-2-510 subsection b 4, because the defendant's principal place of business was in Maryland and the plain meaning of subsection b 4 allows a transfer only if the defendant's principal place of business is located in another county in Georgia.

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We granted Kingdom Retail Group’s application for interlocutory appeal to review the trial court’s order transferring this case from the Superior Court of Thomas County to the Superior Court of Gwinnett County. For the reasons given below, we reverse and remand with direction.

The record shows that Pandora Franchising, LLC, is a limited liability company with its principal place of business in Columbia, Maryland. Pandora is in the business of franchising independent jewelry stores nationwide. Kingdom, based in Thomasville, Thomas County, was formed for the purpose of purchasing 28 Pandora franchises from a series of entities owned by a certain family; the record does not reveal where the family or its entities are located. When Kingdom’s attempt to purchase these franchises failed, Kingdom filed an action in tort against Pandora in the Superior Court of Thomas County, alleging that Pandora improperly interfered with Kingdom’s attempted acquisition and asserting claims of tortious interference, fraud, negligent misrepresentation, defamation, and promissory and equitable estoppel. Kingdom alleged that the wrongful acts perpetrated by Defendant which form the basis for this Complaint occurred in Thomasville, Thomas County, Georgia.

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