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Collier v. Wehmeier

The trial court properly applied the 7-factor forum non conveniens test set forth in OCGA § 9-10-31.1 a based on the undisputed facts in the plaintiffs' suit seeking a declaration that the first plaintiff was the decedent's common law wife at time of his death and the second plaintiff was his legitimate daughter.

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Maycel Collier and Cary Collier appeal the dismissal of their declaratory judgment action against Rosemary Wehmeier and six other defendants. They argue that the trial court abused its discretion in applying the seven-factor forum non conveniens test. Because we find that the trial court did not abuse its discretion and considered all seven factors as it was required to do, we affirm. When Bruce Collier died in Florida, Maycel Collier and her daughter, Cary Collier, Florida residents, filed a petition for the administration of his estate in the Circuit Court for Marion County, Florida. They contended that Maycel Collier was Bruce Collier’s surviving spouse and that Cary Collier was his daughter. Maycel Collier sought appointment as the personal representative of the estate. Potential beneficiaries of Bruce Collier objected to the grant of letters of administration to Maycel Collier on the ground that she was not Bruce Collier’s surviving spouse. The resolution of the issue is pending in the Marion County, Florida court.

Maycel Collier and Cary Collier filed this action in Fulton Superior Court, seeking a declaration that Maycel Collier was married by common law to Bruce Collier at the time of his death and that Cary Collier is Maycel and Bruce Collier’s legitimate daughter. They named seven defendants, five of whom are Florida residents and two of whom live in the metropolitan Atlanta area.

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