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Richardson v. Gilbert

A plaintiff lacks standing to object to jurisdiction or venue over a nonresident defendant who waived her venue defenses.

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We granted the defendant’s application for interlocutory appeal of the trial court’s order granting the plaintiff’s motion to transfer venue in this wrongful death medical malpractice case. Because the defendant waived her venue defense, the plaintiff could not require the trial court to transfer the case to the county where the defendant resided when suit was filed. Accordingly, we reverse.

Cherryl Gilbert filed this action against eleven defendants in Fulton County in November 2003.1 In 2008, the trial court granted summary judgment to Tenet Healthcare Corporation, the only defendant that was a “resident” of Fulton County for venue purposes. On January 12, 2009, the Fulton County court granted the remaining defendants’ motion to transfer venue to Spalding County pursuant to OCGA § 9-10-31 d.2

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