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Artson LLC v. Hudson

The trial court properly dismissed the plaintiff limited liability corporation's action against a former managing member, as the trial court lacked personal jurisdiction over two corporation members who were Virginia resident and were indispensable parties pursuant to O.C.G.A. § 9-11-19.

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Artson, LLC appeals the dismissal of its lawsuit against David K. Hudson for failure to join indispensable parties to the action. Artson contends that the trial court erred in 1 finding that certain individuals were indispensable parties; 2 dismissing the complaint for failure to join indispensable parties because David Hudson did not move to dismiss the complaint on that ground and waived that defense; and 3 denying Artson’s motion for attorney fees pursuant to OCGA § 9-11-37. For the reasons set forth below, we affirm.

When, as here, a question of law is at issue we owe no deference to the trial court’s ruling and apply a de novo standard of review. See Suarez v. Halbert, 246 Ga. App. 822, 824 1 543 SE2d 733 2000.

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