WORTHY v. ELLER

No. A03A2167.

594 S.E.2d 699 (2004)

265 Ga. App. 487

WORTHY v. ELLER.

Court of Appeals of Georgia.

Certiorari Denied June 7, 2004.


Attorney(s) appearing for the Case

Hatcher, Stubbs, Land, Hollis & Rothschild, Joseph L. Waldrep, Columbus, for Appellant.

William J. Mason, Columbus, for Appellee.


MIKELL, Judge.

Thomas F. Worthy, who resides and practices law in Alabama, appeals from the order denying his motion to dismiss Josh Eller's complaint for lack of personal jurisdiction. We reverse for the reasons set forth below.

[A] defendant bears the onus of proving lack of personal jurisdiction. If the motion [to dismiss] is decided on the basis of written submissions alone, as was the motion in this case, disputes of fact found in the affidavits are...

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