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Nolan Road West Ltd. v. PNC Realty Holding Corp. of Ga.

Limited partners cannot be treated as copartners for purposes of Georgia's constitutional venue provision because limited partners are not personally liable for partnership obligations.

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We granted certiorari to review Division 2 of the Court of Appeals’s decision in Nolan Road West, Ltd. v. PNC Realty Holding Corp.1 More specifically, we are concerned with whether the Court of Appeals correctly ruled that venue in a suit against a limited partnership is proper in a county to which the limited partnership’s sole connection is the residence of one of its limited partners. For the reasons that follow, we conclude that, under the circumstances of this case, venue is not proper in such a county.2

Art. 6, Sec. 2, Para. 4 of the Georgia Constitution provides that “suits against joint obligors, joint tortfeasors, joint promisors, copartners, or joint trespassers residing in different counties may be tried in either county.” In the present case, citing Farmers Hardware of Athens, Inc. v. L.A. Properties Ltd.,3 for the proposition that ” ‘the constitutional and statutory provisions as to venue of suits against partners must apply to a limited partnership,’ “ 4 the Court of Appeals held that, because one of Nolan Road West’s hereinafter “Nolan” limited partners resided in Fulton County, venue was proper there even though that was Nolan’s sole connection with the county.5 We disagree with this holding.

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