Wyco, Inc. v. Bosce Die Casting Co.

Full title: WYCO, INC. v. BOSCE DIE CASTING COMPANY, INC. et al

Court: Court of Appeals of Georgia

Date published: Mar 16, 1977

234 S.E.2d 172 (Ga. Ct. App. 1977)

234 S.E.2d 172

Opinion

53642.

SUBMITTED MARCH 3, 1977.

DECIDED MARCH 16, 1977.

Action on contract. Fulton Superior Court. Before Judge Holt.

Awtrey, Parker, Risse, Mangerie Brantley, A. Sidney Parker, Toby B. Prodgers, for appellant.

Flournoy, Evans Separk, Charles A. Evans, for appellees.

WEBB, Judge.

This is an appeal from a grant of summary judgment to defendants on the grounds as asserted in the motion that they were not subject to the jurisdiction of the court which was attempted to be invoked by plaintiff under the Long Arm Statute, Code Ann. § 24-113. 1 et seq. These questions as to jurisdiction and venue are not within the scope of the summary judgment procedure since they are matters in abatement which the bar of summary judgment does not reach. Hemphill v. Con-Chem, Inc., 128 Ga. App. 590 ( 197 S.E.2d 457) (1973) and cits; Larwin Mtg. Investors v. Delta Equities, 129 Ga. App. 769 ( 201 S.E.2d 187) (1973). Accord, Chatham v. Royal-Globe Ins. Cos., 135 Ga. App. 59 ( 217 S.E.2d 308) (1975) and cits. In accordance with the dispositions made in those cases the judgment will be reversed and the case remanded for further appropriate proceedings.

Judgment reversed and case remanded. Deen, P. J., and Marshall, J., concur.

SUBMITTED MARCH 3, 1977 — DECIDED MARCH 16, 1977.