[Download] "Cherwood, Inc. v. Marlin Leasing Corporation" by The Court of Appeals of the State of Georgia Second Division ~ Book PDF Kindle ePub Free

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eBook details

• Title: Cherwood, Inc. v. Marlin Leasing Corporation
• Author : The Court of Appeals of the State of Georgia Second Division
• Release Date : January 27, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Marlin Leasing Corporation (""Marlin"") obtained a default judgment against Cherwood, Inc. d/b/a Pak Mail (""Pak Mail"") and Norman Woodward Fowler in the Superior Court of New Jersey. Marlin then filed an authenticated copy of the New Jersey judgment in the Superior Court of Cobb County with the intent of enforcing the judgment under authority of the Uniform Enforcement of Foreign Judgments Law (the ""Uniform Act""). 1 Following our grant of its application for discretionary appeal, 2 Pak Mail appeals the trial court's order denying its motion to set aside the judgment. We reverse because venue for filing the judgment was not proper in the Superior Court of Cobb County. ""A trial court's ruling on a motion to set aside a judgment will be affirmed if there is any evidence to support it."" 3 For our purposes, the only relevant evidence is Fowler's affidavit filed in support of the motion to set aside, and the uncontested representations made at the hearing on that motion, showing that Pak Mail's registered office was in Henry County. Based on the foregoing, Pak Mail objected to venue in the Superior Court of Cobb County, but the trial court reluctantly held that Pak Mail could not show venue was improper because the Uniform Act has no venue provision.

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