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Lawskills.com Georgia Caselaw
REGANTE v. RELIABLE-TRIPLE CEE OF NORTH JERSEY, INC. et al.
40168.
HILL, Chief Justice.
Injunction. DeKalb Superior Court. Before Judge Hames, Senior Judge.
This appeal is from a trial court order denying defendant-appellant's motion to set aside an interlocutory injunction.
Dale Associates conveyed Georgia real property to Mr. Yung Mao Shann on February 18, 1982, and received in return a promissory note for $170,554.53 secured by a deed to secure debt. Dale Associates assigned the promissory note and deed to secure debt to defendant Jerry Regante, a resident of New Jersey, on March 16, 1982. The assignment is alleged to have been made as substitute collateral for a $100,000 loan from Regante to Dale Associates in 1978. The assignment was executed in New Jersey, and was mailed to DeKalb County for recording.
1. Regante contends that the trial court did not have jurisdiction to issue the interlocutory injunction against him in that he is a resident of New Jersey and has never participated in any activities in the State of Georgia which would make him subject to suit in this state.
Jurisdiction over the nonresident defendant was perfected under the Georgia Long Arm Statute, viz. a cause of action arising from the ownership, use or possession of real property in Georgia. OCGA 9-10-91 (4) (Code Ann. 24-113.1). Minimum contact requirements were satisfied because a substantial connection exists between the controversy, defendant Regante, and property within this state. Hurt v. Delowe Partners, Ltd., 147 Ga. App. 715, 717 (250 SE2d 169) (1978); Shaffer v. Heitner, 433 U. S. 186, 207-208 (97 SC 2569, 53 LE2d 683) (1977). Reliable's claim arises out of the allegedly invalid assignment of the note and security deed from Dale Associates to Regante. Regante, as the assignee of the security deed, has legal title to the property, subject to the right of Yung Mao Shann to have the realty reconveyed to him upon payment of the debt. Porter v. Mid-State Homes, 133 Ga. App. 706, 707 (213 SE2d 10) (1975); OCGA 44-14-60 (Code Ann. 67-1301).
2. Service was made upon Regante of the rule nisi and the motions for interlocutory injunction and temporary restraining order. Under OCGA 9-11-5 (b) (Code Ann. 81A-105), service of pleadings and orders may be made upon a party not represented by counsel by delivering a copy to him or by mailing it to him at his last known address. Service by mail is complete upon mailing. The papers were served upon Regante at his last known address, the address given in the assignment recorded in DeKalb County. Regante complains that he did not receive service copies of the rule nisi and motion for interlocutory injunction because the envelope used for mailing did not include his post office box or zip code number. His complaint is not well founded because his address shown on the recorded assignment does not contain such information. Plaintiff's counsel used the address shown of record and the evidence is undisputed that the envelope has not been returned to plaintiff's counsel. Under these facts, the trial court did not err in refusing to set the temporary injunction aside.
Notes
1  Regante contends that, for purposes of appeal, inasmuch as it was entered ex parte, the temporary injunction should be treated as a temporary restraining order
Crosby, Spix & Krupp, William L. Crosby, Lawson & Davis, William H. Lawson, Virginia R. Harper, for appellees.
Nicholas G. Dumich, for appellant.
DECIDED NOVEMBER 9, 1983.
Thursday May 21 20:12 EDT


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