Medeiros v. Tarpley

Supreme Court of Georgia

Medeiros v. Tarpley

369 S.E.2d 482, 258 Ga. 372, 1988 Ga. LEXIS 286

CourtSupreme Court of Georgia

DecidedJuly 1, 1988

Docket45713

StatusPublished

Cited by4 cases

This text of 369 S.E.2d 482 (Medeiros v. Tarpley) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Medeiros v. Tarpley, 369 S.E.2d 482, 258 Ga. 372, 1988 Ga. LEXIS 286 (Ga. 1988).

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Opinion

Smith, Justice.

The appellee, Linda Tarpley, filed a complaint for modification of child support. The appellant, Thomas Medeiros, filed a motion to dismiss for lack of jurisdiction which was denied.

The parties were divorced in Georgia in 1974. The appellant has *373 resided in North Carolina since 1980, and he has been in full and complete compliance with the divorce decree at all times.

Decided July 1, 1988. Read, Huddleston & Medori, H. Martin Huddleston, for appellant. Constance M. Boughan, for appellee.

“ ‘Each defendant’s contacts with the forum state must be assessed individually. . .and “[t]he requirements of International Shoe. . .must be met as to each defendant. . .” ’ ” Smith v. Smith, 254 Ga. 450, 452 (330 SE2d 706) (1985). The appellant, unlike the appellant in Smith, supra, has been in full and complete compliance with the Georgia divorce decree since it was entered. We hold that the exercise of jurisdiction over the appellant under the facts of this case is not consonant with the due process notions of fair play and substantial justice.

The trial court’s holding that the appellant was subject to its jurisdiction by virtue of OCGA § 9-10-91 (5) was in error and the motion to dismiss should have been granted.

Judgment reversed.

All the Justices concur, except Hunt, J., not participating.

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Smith, Justice.

The appellee, Linda Tarpley, filed a complaint for modification of child support. The appellant, Thomas Medeiros, filed a motion to dismiss for lack of jurisdiction which was denied.

The parties were divorced in Georgia in 1974. The appellant has *373 resided in North Carolina since 1980, and he has been in full and complete compliance with the divorce decree at all times.

Decided July 1, 1988. Read, Huddleston & Medori, H. Martin Huddleston, for appellant. Constance M. Boughan, for appellee.

“ ‘Each defendant’s contacts with the forum state must be assessed individually. . .and “[t]he requirements of International Shoe. . .must be met as to each defendant. . .” ’ ” Smith v. Smith, 254 Ga. 450, 452 (330 SE2d 706) (1985). The appellant, unlike the appellant in Smith, supra, has been in full and complete compliance with the Georgia divorce decree since it was entered. We hold that the exercise of jurisdiction over the appellant under the facts of this case is not consonant with the due process notions of fair play and substantial justice.

The trial court’s holding that the appellant was subject to its jurisdiction by virtue of OCGA § 9-10-91 (5) was in error and the motion to dismiss should have been granted.

Judgment reversed.

All the Justices concur, except Hunt, J., not participating.

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369 S.E.2d 482, 258 Ga. 372, 1988 Ga. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medeiros-v-tarpley-ga-1988.

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