Service By Publication Allowed Against Defendant Intentionally Evading Personal Service

This case concerned a defendant who was aware that the plaintiff was attempting personal service of the complaint. The defendant intentionally avoided personal service despite several attempts by the plaintiff to perfect service.  The Georgia Court of Appeals’ decision in Cascade Parc Property Owners Association, Inc., v. Clark, 336 Ga. App. 99, 783 S.E.2d 692…

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Plaintiff Loses Claim for Failure to Serve Defendant

This case presents standards set by the Georgia Court of Appeals that can be sufficiently vague that they fail to provide guidance to future plaintiffs.  Such vague standards permit the Court of Appeals to choose the result it wants and then apply the standards to justify its result.  These vague standards can operate to prevent…

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