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Swafford v. Elkins

The trial court erred in granting the out-of-state defendant's motion to set aside the default judgment entered against it based on lack of jurisdiction under Georgia's Long-Arm Statute, as the defendant waived the issue of personal jurisdiction by failing to raise it until a post-hearing brief.

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Eugene Swafford filed suit against Jeff Elkins and Quality Outdoor Products of the Southeast, LLC “QOP” seeking damages arising out of the negligent construction of a roof on his home. Swafford asserted that QOP, an out-of-state company, was subject to the jurisdiction of the trial court pursuant to OCGA § 9-10-91 Georgia’s Long-Arm Statute, and he served a second original of the summons and complaint on its registered agent for service of process in Alabama. When QOP failed to file an answer to the complaint, the trial court entered a default judgment against QOP.1 The trial court granted QOP’s motion to set aside the judgment and dismissed the case, finding that QOP was not subject to jurisdiction under the Long-Arm Statute. Swafford appeals from this order. For the reasons that follow, we reverse and remand the case with direction.

1. Swafford contends that the trial court erred in finding that it lacked personal jurisdiction over QOP under Georgia’s Long-Arm Statute. Specifically, he contends that QOP waived this issue. We agree.

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