Stokes & Clinton, P.C. v. Noble Systems Corp.
Docket: A12A0893
Court: Court of Appeals of Georgia; November 14, 2012; Georgia; State Appellate Court
S&C appeals the trial court's refusal to set aside a default judgment, arguing that it was not properly served by Noble Systems Corporation. The trial court concluded that S&C waived its defense of insufficient service by not filing a responsive pleading or motion before the default judgment was entered. Noble had filed a breach of contract claim against S&C, and a private process server claimed to have served S&C's registered agent, Steven Jacobs. After S&C did not respond, Noble obtained a default judgment. In response, S&C submitted an affidavit from Jacobs asserting that he was not served, supported by video evidence showing the process server leaving documents without proper service. The trial court denied S&C's motion to set aside the judgment, asserting that S&C was required to raise the defense of lack of jurisdiction in a timely manner. However, the appellate court found that Jacobs' affidavit did not constitute a waiver of defenses. It ruled that S&C properly raised the service issue in its motion to set aside the judgment and that the trial court erred in its determination of waiver. Consequently, the appellate court vacated the trial court's denial of S&C's motion and remanded the case for a review of the service evidence. The decision highlights that a failure to respond does not inherently waive the right to contest personal jurisdiction if raised appropriately.