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Georgia Dep't of Human Servs. v. Dougherty County

The proposition that a tort claim against a division of state government that is present throughout the state can be brought in any county was improperly applied in the county plaintiffs' suit seeking to recover statutory service of process fees for civil actions the Georgia Department of Human Services and the Division of Child Support Services initiated in the Superior Court of Dougherty County.

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Dougherty County, Georgia, and its sheriff, Kevin Sproul, the “plaintiffs” filed a complaint in the Superior Court of Dougherty County against the Georgia Department of Human Services and the Division of Child Support Services the “defendants” seeking to recover statutory service of process fees for civil actions that the defendants had initiated in that court. The defendants filed an answer by special appearance and simultaneously moved to dismiss the complaint on various grounds, including improper venue. The trial court denied the motion to dismiss and issued a certificate of immediate review. The defendants now appeal. For the reasons explained below, we reverse the trial court’s ruling on the issue of venue, vacate the remaining portions of the trial court’s order, and remand the case with direction that the case be transferred to the Superior Court of Fulton County for further proceedings consistent with this opinion.

1. The defendants contend that the trial court erred in denying their motion to dismiss on the basis of improper venue. We agree.

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