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Lawskills.com Georgia Caselaw
BOYD MOTORS, INC. v. RADCLIFF.
47609.
PANNELL, Judge.
Plea to jurisdiction. Dougherty Superior Court. Before Judge Kelley.
The defendant-appellant, a Georgia corporation with its principal office in Terrell County, Georgia, which, on June 11, 1971, operated the Albany Speedway in Dougherty County, Georgia, where the cause of action arose, appeals the denial of its motion for summary judgment.
The appeal alleges error in denying summary judgment, averring (1) the appellant is not subject to the jurisdiction of this court on the grounds of improper venue and the lack of jurisdiction over the defendant-appellant; and (2) this defendant-appellant has not been properly served with process even if this court should find that this appellant is subject to the jurisdiction of the Superior Court of Dougherty County, Georgia.
In the instant case, both grounds alleged on appeal as a basis for the claim to summary judgment are matters in abatement and not matters in bar; and therefore, are not within the scope of the summary judgment procedure, as a motion for summary judgment applies to the merits of the claim or to matters in bar, but not to matters in abatement. The trial court did not err in denying summary judgment to defendant-appellant.
Anthony May, Burt, Burt & Rentz, H. P. Burt, for appellee.
Landau, Davis & Farkas, Leonard J. Spooner, for appellant.
ARGUED NOVEMBER 7, 1972 -- DECIDED JANUARY 30, 1973.
Friday May 22 12:58 EDT


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