Gamlins, Solicitors & Notaries v. A. E. Roberts and Assocs. Inc.

The statute of limitation for a suit on account expired without proper service where plaintiff's first attempt at service was defective and plaintiff's later attempt to serve the defendant under O.C.G.A. § 9-11-4 e 1 did not comply with the requirements of the statute.

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In this action brought to recover legal fees, Gamlins, Solicitors & Notaries, a business providing legal services in the United Kingdom, brought suit against A.E. Roberts and Associates, Inc., a Georgia corporation, alleging that Roberts failed to pay Gamlins for legal services performed in the United Kingdom. Gamlins appeals from the trial court’s grant of Roberts’s motion to dismiss, brought on the grounds of insufficient service of process and the statute of limitation. Gamlins contends the trial court erred when it dismissed the action because Roberts made a general appearance and waived any defense of lack of personal jurisdiction. We conclude that any argument regarding the inadequacy of the original attempt at service has been waived by Gamlins and that its attempt at later service was ineffective. Because the statute of limitation for a suit on account had expired without proper service on Roberts, the trial court did not err in dismissing Gamlins’s complaint.

The record shows that acting without an attorney, Mr. A. E. Roberts filed what appears to be correspondence between him and Gamlins, which he now characterizes as an “answer.” Gamlins filed a motion for default judgment or, in the alternative, for judgment on the pleadings. Roberts then retained an attorney, who filed a notice of appearance, a response to Gamlins’s motion, and an amended answer. The trial court denied Gamlins’s motion, finding that although Roberts had not filed a proper answer, the summons was defective and therefore service upon the corporation was insufficient. Gamlins then attempted service upon the Secretary of State under OCGA § 9-11-4 e 1, and Roberts then filed a motion to dismiss on the grounds of insufficient service of process and the statute of limitation. The trial court granted Roberts’s motion, and Gamlins filed this appeal.

Gamlins, Solicitors & Notaries v. A. E. Roberts and Assocs. Inc.

The statute of limitation for a suit on account expired without proper service where plaintiff's first attempt at service was defective and plaintiff's later attempt to serve the defendant under O.C.G.A. § 9-11-4 e 1 did not comply with the requirements of the statute.

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