Anthony Hill Grading Inc. v. SBS Invest. Inc.

The appellant failed to effect service under O.C.G.A. § 14-11-209 f through substituted service on the Georgia Secretary of State's office, since no evidence showed that the appellant sent two copies of the summons and complaint on the Secretary of State as § 14-11-209 f requires.

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Anthony Hill Grading, Inc. “AHG” appeals from the trial court’s denial of its motion for reconsideration1 of the court’s order setting aside a default judgment in favor of AHG and against SBS Investments, LLC. AHG contends that the court erred in setting aside the default judgment and denying the motion for reconsideration, arguing that AHG had fulfilled all of the requirements for proper service under OCGA § 14-11-209 f. For the following reasons, we affirm. In the absence of proper service of a complaint or the waiver thereof, “no jurisdiction over the defendant is obtained by the court, and any judgment adverse to the defendant is absolutely void.” Punctuation and footnote omitted. Brock Built City Neighborhoods, LLC v. Century Fire Protection, LLC , 295 Ga. App. 205, 209 1 671 SE2d 240 2008 “Brock Built “. “A trial court’s finding of insufficient service of process will be upheld on appeal absent a showing of an abuse of discretion. Factual disputes regarding service are to be resolved by the trial court, and the court’s findings will be upheld if there is any evidence to support them.” Citations, punctuation and emphasis omitted. Patel v. Sanders , 277 Ga. App. 152, 153 1 626 SE2d 145 2006.

The record shows the following. AHG entered into a subcontract agreement with a third party to provide labor and materials for a construction project on property owned by SBS, located at 3006 Clairmont Road, Atlanta “the property”. When the third party failed to pay AHG the principal amount of $79,484.09 for labor and materials provided by AHG for improvement of the property, AHG filed a claim of lien on the property. An arbitrator subsequently awarded AHG $120,283.46 in principal, interest, fees, and expenses.

Anthony Hill Grading Inc. v. SBS Invest. Inc.

The appellant failed to effect service under O.C.G.A. § 14-11-209 f through substituted service on the Georgia Secretary of State's office, since no evidence showed that the appellant sent two copies of the summons and complaint on the Secretary of State as § 14-11-209 f requires.

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