This interlocutory appeal arises out of the trial court’s denial of the motion to dismiss filed by defendant Joshua McRae. Because we conclude that McRae presented affirmative evidence that service was improper and that plaintiff Wendy White failed to rebut this evidence, we reverse. White filed this personal injury action against McRae on November 8, 2002, alleging that she was a passenger in the car driven by McRae when the car was involved in a collision with another vehicle on November 12, 2000.1 According to the affidavit of service executed by a private process server on November 15, 2002, on November 14, 2002, the summons and complaint were handed to an individual residing at “545 Kennesaw Dr, Smyrna, GA 30080.” The process server identified this individual as “Jennifer White, Roommate.” McRae challenged service in his answer and on June 10, 2003 moved to dismiss the complaint on the ground that service was invalid. In support of his motion, McRae testified by affidavit that on November 14, 2002, he lived at 545 Kennesaw Drive in Smyrna, that he had lived in that residence “several months prior to” this time and that the address was “his sole residence until sometime around March, 2003.” He further testified that no female resided at the address during the time he lived there, that he did not know any female by the name of Jennifer White, and that if a female by that name was served with process, “that individual was not residing at 545 Kennesaw Drive, Smyrna, Georgia at that time.”
On July 9, 2003, White filed an “amended affidavit of service” listing the same Smyrna address and reciting that the summons and complaint “were served by handing to Jennifer White, Co-Resident of Joshua McRae.” In a separate paragraph, the process server testified that “Ms. White answered the door on November 14, 2002 at approximately 7:15 p.m. and identified herself as a resident of the above referenced address and she also identified Joshua McRae as a resident of the same address. Ms. White appeared to be a female over the age of 18.”
