Brock Built City Neighborhoods, LLC “Brock Built” appeals from the trial court’s entry of default judgment against it and in favor of Century Fire Protection, LLC “Century”, contending that it was not properly served with the complaint. We agree and reverse. The record demonstrates that on April 2, 2007, Century filed a complaint in Cobb County Superior Court against Brock Built, alleging breach of contract. The matter was then turned over to the Cobb County Sheriff for service upon Brock Built’s registered agent, Steven M. Brock, at the address listed with the Secretary of State, which was also Mr. Brock’s home address. According to an affidavit filed by plaintiff’s counsel, the sheriff’s office attempted service on two occasions, on or around April 24, 2007, but was unsuccessful. On May 1, 2007, a private process server attempted to serve Mr. Brock at Brock Built’s principal place of business and was told by the receptionist that Mr. Brock was not in and that “they did not know when he would be in.” The process server attempted service at the same location two additional times, but was unsuccessful. On May 7, 2007, the process server attempted service at Mr. Brock’s home address. A vehicle was in the driveway, but no one answered the door. That process server opined that Mr. Brock was aware of the lawsuit and purposefully avoiding service. On May 15, 2007, a second process server attempted service at Mr. Brock’s home, but there was no answer. The process server returned to Mr. Brock’s home two days later and spoke to his daughter who stated that “Mr. Brock did live there, but that he was not home and she did not know when he would be home, and that she did not know where he worked.” The process server noticed multiple vehicles in the driveway and opined that Mr. Brock was aware of the lawsuit and appeared to be concealing himself to avoid service. On June 7, 2007, Century filed a motion for service by publication. The trial court granted the motion on June 19, 2007, on the ground that it appeared Mr. Brock was concealing himself to avoid service. Proof of publication was filed on June 22, 2007. On September 20, 2007, the trial court declared that the “Defendant has been served by publication of summons as required by law.” On October 1, 2007, Century moved for the entry of a default judgment. The trial court granted the motion on October 18, 2007. Following a damages hearing on November 12, 2007, the trial court entered default judgment in favor of Century in the amount of $99,630.68. On November 20, 2007, Brock Built filed a motion to set aside judgment. Brock Built filed a notice of appeal of the grant of default judgment on December 6, 2007, before the trial court could rule on the pending motion to set aside judgment.1
1. Brock Built contends that the trial court erred in authorizing service by publication because Century never attempted service on Brock Built or on the Secretary of State, as required by OCGA § 9-11-4 e. We agree.
