Pursuant to the Uniform Enforcement of Foreign Judgments Law “the Uniform Law”,1 Kay Martinez filed in Cherokee County State Court a judgment obtained against John A. Kahlig in the district court of Bexar County, Texas. The Cherokee County court ordered that the Texas judgment be entered and issued a writ of execution. Kahlig filed a motion to set aside the judgment, arguing primarily that the Texas court lacked personal jurisdiction over him because he had not been served with the Texas “suit for judgment.” The Cherokee County court denied the motion, and we granted Kahlig’s application for discretionary appeal. For reasons that follow, we affirm. Under Georgia law, when the defense of lack of personal jurisdiction due to defective service is raised by way of a motion to set aside the judgment, the trial court sits as the trier of fact. Our standard of review in this regard is the “any evidence” rule, and absent an abuse of discretion, we will not reverse a trial court’s refusal to set aside a judgment.2 Viewed in this manner, the record shows that Martinez represented Kahlig’s former wife in a child custody suit filed in Bexar County, Texas, bearing case number 87-C1-13857. In August 2002, Martinez filed a “Motion for Confirmation and Entry of Judgment” relating to a June 1994 award of attorney fees entered in favor of Martinez and against Kahlig for “certain legal services performed for the benefit of the child” during the custody proceeding. Martinez’s motion, which she submitted under the style and case number for the custody proceeding, sought a judgment for the 1994 award, plus interest and reasonable additional attorney fees. Martinez also asked that her claim against Kahlig be severed from the original child custody action “to aid her in enforcement of the obligation.”
On September 13, 2002, the Texas court granted Martinez’s motion and issued a judgment against Kahlig. The Texas court also issued a separate “Order for Severance of Actions,” which severed the judgment entered for Martinez from the child custody suit. In both the judgment and the severance order, the Texas court specifically found that proper notice of the proceeding had been given to Kahlig. Without dispute, however, Martinez did not personally serve her motion for confirmation on Kahlig. Rather, she sent it to him by certified mail, but the postal service returned it marked “unclaimed.”
