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Lawskills.com Georgia Caselaw
CITIZENS & SOUTHERN CAPITAL CORPORATION et al. v. SWEETWATER HOMES, INC. et al.
A89A1207.
DEEN, Presiding Judge.
Action on lease. DeKalb State Court. Before Judge McLaughlin.
Appellant sued Sweetwater Homes, Inc., Harold Brooks and Buster Keeton in the State Court of DeKalb County to enforce a written equipment lease agreement. Brooks and Keeton, as individual guarantors, were personally served at their residences in Alabama and acknowledged service. The complaint alleged that Brooks and Keeton had submitted themselves to the jurisdiction and venue of the DeKalb State Court pursuant to the terms and conditions of their individual guaranties. The leasing agreement, as attached to the complaint, provided: "Guarantor agrees that performance and payment of its obligations under this continuing guaranty shall be made in DeKalb County, Georgia. Guarantor waives personal jurisdiction and submits itself to the jurisdiction and venue of the State Court of DeKalb County." The defendants neither filed defensive pleadings nor responded to discovery proceedings. Appellant submitted a proposed default judgment, but the trial court sua sponte issued a final order dismissing the complaint for lack of personal jurisdiction, from which this appeal is taken. Held:
Newell v. Brown, 187 Ga. App. 9, 10 (369 SE2d 499) (1988); accord Cotton v. Ruck, 157 Ga. App. 824 (278 SE2d 693) (1981). And, "[o]f course, the parties may by contract stipulate that the law of another jurisdiction will govern the transaction. See OCGA 11-1-105 (1) [and cits.]" Wallace v. Harrison, 166 Ga. App. 461, 463 (304 SE2d 487) (1983). Consequently, we conclude that the trial court erred in dismissing appellant's complaint for lack of personal jurisdiction.
Harold Brooks, pro se.
Marshall H. Jaffe, for appellant.
DECIDED MAY 16, 1989.
Thursday May 21 10:51 EDT


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