Lima Delta Co. v. Global Aerospace Inc.

The trial court properly found that the nonresident defendants, acting through their agent, transacted business in Georgia so as to subject themselves to the personal jurisdiction of the state's courts pursuant to the Long Arm Statute.

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Global Aerospace, Inc. “Global”, filed this lawsuit in Fulton County Superior Court against Lima Delta Company, Trident AS, and Sokicat,1 all of whom are named insureds under a broad horizon aviation insurance policy2 “the Policy” issued by Global. Global’s complaint seeks legal and equitable rescission of the Policy, based upon what it alleges are material and fraudulent misrepresentations contained in the application for insurance. Global also seeks a declaratory judgment that no coverage exists under the Policy for the loss currently being claimed by the insureds. Lima Delta, Trident, and Socikat jointly filed a motion to dismiss based on the assertion that Georgia courts lack personal jurisdiction over any of the named defendants. Following a non-evidentiary hearing, the trial court denied that motion. The trial court thereafter certified its order for immediate review and the insureds filed an application for an interlocutory appeal. This Court granted that application and this appeal followed. For reasons explained below, we find no error by the trial court in denying the motion to dismiss and we therefore affirm that order.

Where, as here, a motion to dismiss for lack of personal jurisdiction is resolved based solely upon written submissions, rather than upon evidence presented at a hearing, “the reviewing court is in an equal position with the trial court to determine the facts and therefore examines the facts under a non-deferential standard.” Hyperdynamics Corp. v. Southridge Capital Mgmt., 305 Ga. App. 283, 284 I 699 SE2d 456 2010 citation and punctuation omitted. In conducting this review, “we resolve all disputed issues of fact in favor of the party asserting the existence of personal jurisdiction,” id., bearing in mind that it is the movants who bear the burden of proving that Georgia courts lack personal jurisdiction over them. Beasley v. Beasley, 260 Ga. 419, 420 396 SE2d 222 1990.

Lima Delta Co. v. Global Aerospace Inc.

The trial court properly found that the nonresident defendants, acting through their agent, transacted business in Georgia so as to subject themselves to the personal jurisdiction of the state's courts pursuant to the Long Arm Statute.

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