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Hooks v. McCondichie Properties 1 LP

The trial court erred in finding that the plaintiff failed to comply fully with O.C.G.A. § 14-9-104 g in perfecting substituted service upon the Secretary of State, as the plaintiff was not obligated to obtain the signature of the defendant's registered agent on a receipt acknowledging delivery of the forwarded suit papers.

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Michael Hooks filed this personal injury action against McCondichie Properties 1, LP, and McCondichie Properties 2, LP, collectively “McCondichie” in the Superior Court of Clayton County. He served the Secretary of State of Georgia, and obtained a default judgment. McCondichie filed a motion to set aside the default judgment. The trial court determined that Hooks was authorized to serve McCondichie by substituted service upon the Secretary of State but that Hooks failed to perfect such service in the statutorily prescribed manner. On that basis, the trial court granted McCondichie’s motion to set aside the default judgment. Pursuant to a granted application for an interlocutory appeal, both parties appeal.

In Case No. A14A2238, Hooks contends that the trial court erred in ruling that he failed to comply with the statutory requirements for substituted service upon a limited partnership. In Case No. A14A2333, McCondichie contends that the trial court erred in finding in the first instance that substituted service upon the Secretary of State was authorized. Based on this argument, McCondichie contends that, even if the trial court erred in ruling that Hooks failed to comply with the requirements for substituted service, such error was moot and the order granting its motion to set aside the default judgment nevertheless must be affirmed. For the reasons explained below, we hold that the trial court erred in setting aside the default judgment and reverse.

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