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Crossing Park Properties LLC v. JDI Fort Lauderdale LLC

Georgia had personal jurisdiction over an Illinois defendant because the minimum contacts requirements were met.

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Body of OpinionCrossing Park Properties, LLC and Joan and Glen Hammer1 appeal from the trial court’s order granting JDI Fort Lauderdale, LLC’s “JDI” motion to dismiss their complaint. In their sole claim of error on appeal, the appellants contend that the trial court erred by concluding that it lacked personal jurisdiction over JDI. For the reasons explained below, we agree and reverse.

In Georgia, defendants filing a motion to dismiss based upon a lack of personal jurisdiction bear the burden of proof. Home Depot Supply v. Hunter Management, 289 Ga. App. 286 656 SE2d 898 2008. “Where as here, the motion was decided on the basis of written submissions alone, any disputes of fact in the written submissions supporting and opposing the motion to dismiss are resolved in favor of the party asserting the existence of personal jurisdiction, and the appellate standard of review is nondeferential.” Citations, punctuation, and footnotes omitted. Id.

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