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Wright v. Safari Club Int'l

Remanded for trial court to allow defendant to serve indispensible party, after which party could challenge trial court's exercise of personal jurisdiction if it wished, because defendant did not satisfy burden of establishing that trial court could not exercise personal jurisdiction over indispensable party.

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Joseph Jerry Wright appeals the dismissal of his lawsuit against Safari Club International, an organization based in Arizona “SCI” , because the trial court found that Wright failed to join a necessary party to the action, Waterberg Big Game Hunting, Fishing & Photographic Safaris “WABI”. Wright is a resident of Georgia and a member of SCI. WABI, based in Namibia, conducts African safaris. Wright contends the trial court erred by dismissing his complaint for failing to join an indispensable party, WABI, without allowing him a reasonable time to join WABI in the action, and erred by finding that WABI could not be joined in the action because it had not done business in this State within the meaning of OCGA § 9-10-91 1. Wright does not contend, however, that the trial court erred by finding that WABI was a necessary party.

The record shows that after receiving SCI’s magazine inviting him to attend SCI’s annual safari auction, Wright traveled to Reno, Nevada to participate in the auction. The magazine invited SCI members to bid on a safari in South Africa. Wright went to Reno and won the trip with a successful bid of $10,000.00.

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