Abernathy v. Abernathy
Georgia Supreme Court
482 S.E.2d 265 (1997)
- Written by Mary Phelan D'Isa, JD
Facts
Elizabeth Susan Denny (defendant) and John Michael Abernathy (plaintiff) were married in Florida and resided in Louisiana until their separation. Thereafter, John moved to Georgia, where about a year later, he filed a divorce action against Elizabeth and sought division of their property located in Georgia that John brought with him when he left Louisiana. Service was effected by publication and mail. Elizabeth filed a special appearance to contest the Georgia court’s exercise of personal jurisdiction over her. The trial court ruled that it had jurisdiction over the res of the couple’s marriage to decide the issue of divorce and that it had in rem jurisdiction over the couple’s marital property located in Georgia to decide the issue of the division of that property. Elizabeth appealed.
Rule of Law
Issue
Holding and Reasoning (Carley, J.)
Dissent (Sears, J.)
Dissent (Fletcher, J.)
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