Covault v. Harris

Chris Covault filed this action against Kentucky resident Austin Harris under the Georgia Nonresident Motorist Act NRMA to recover damages arising from a motor vehicle accident. Harris moved to dismiss the complaint for lack of personal jurisdiction because Covault failed to exercise due diligence in ensuring proper service upon a nonresident motorist. The trial court granted Harris’s motion to dismiss because Covault had failed to effect service upon Harris by certified mail under the NRMA and because the statute of limitation had expired. Covault appeals, contending that the trial court erred in granting Harris’s motion to dismiss. For the reasons that follow, we affirm.

A trial court’s finding of insufficient service of process will be upheld on appeal absent a showing of an abuse of discretion. Factual disputes regarding service are to be resolved by the trial court, and the trial court’s findings will be upheld if there is any evidence to support them. Citations and punctuation omitted. Williams v. Wendland, 283 Ga. App. 109 640 SE2d 684 2006.