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IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
Courtney Erin Johnson fik/a,
Plaintiff,
Vv, CIVIL ACTION FILE NO.
21009144-3
Jonathan Scott Mitchell,
Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO TRANSFER TO BARTOW, GEORGIA
SUPERIOR COURT
This is a suit for wrongful death, Plaintiff alleges that Defendant stole a U-Haul truck and
crashed into Plaintiff's decedent while fleeing, killing her. Defendant is in default
because he never answered the complaint. Now Plaintiff moves to transfer to Bartow
County, where the incident occurred, pursuant to OCGA §9-10-31.1.' Plaintiff, as
movant, carries the burden to establish that transfer is appropriate.”
First, Defendant has waived any objection to venue by virtue of his default. See Maalouf
yv. Knight, 237 Ga. App. 509, 510 (1999)(venue defense waived by defendant's default).
This alone justifies granting Plaintiff's motion. Second, alternatively, having weighed
Plaintiff's unrebutted showing regarding the factors set forth in OCGA §9-10-31.1(a),?
this Court finds that ease of access to proof, availability of compulsory process,
existence of local interests, and Plaintiffs choice of venue militate toward transfer. The
remaining statutory factors do not shift the balance to the contrary.
‘ “If a court of this state, on written motion of a party, finds that in the interest of justice and for the
convenience of the parties and witnesses a claim or action would be more properly heard...in a different
county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine
of forum non conveniens....As to a claim or action that would be more properly heard in a different county
of proper venue within this state, the venue shall be transferred to the appropriate county.” OCGA §9-10-
31.A(a).
? RJ. Taylor Mem. Hosp., Inc. v. Beck, 280 Ga. 660, 662 (2006)(“as movant to transfer venue of the
case, it had the burden to show that the factors set forth in OCGA § 9-10-31.1(a) support the transfer”).
3“In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of
forum non conveniens, the court shall give consideration to the following factors: (1) Relative ease of
access to sources of proof; (2) Availability and cost of compulsory process for attendance of unwilling
witnesses; (3) Possibility of viewing of the premises, if viewing would be appropriate to the action;
(4) Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue
his or her remedy; (5) Administrative difficulties for the forum courts; (6) Existence of local interests in
deciding the case locally; and (7) The traditional deference given to a plaintiff's choice of forum.” OCGA
§9-10-31.1(a).
Page 1 of 2
Finally, this Court notes that according to the Complaint, Defendant resides at an
address which, per the United States Postal Service, is in Bartow county. See id, para.
10 (40 Stone Creek Drive Southwest, Cartersville, Georgia 30120). Defendant in default
has not rebutted the assertion, meaning it stands. “The Georgia Constitution provides
that venue generally lies in the county where the defendant resides. Ga. Const. of 1983,
Art. VI, Sec. Il, Par. VI.” Carpenter v. McMann, 304 Ga. 209, 210 (2018). Thus,
Defendant's Bartow residence serves as an alternative ground for transfer to Bartow.
Therefore, this Court HEREBY GRANTS Plaintiff's motion for all three, alternative,
reasons. This matter shall be transferred to the Superior Court of Bartow County,
Georgia.
SO ORDERED this 19 day of August , 20
oe
Carla E. Brown, Judge
State Court of Gwinnett County
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IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA Courtney Erin Johnson fik/a, Plaintiff, Vv, CIVIL ACTION FILE NO. 21009144-3 Jonathan Scott Mitchell, Defendant. ORDER GRANTING PLAINTIFF’S MOTION TO TRANSFER TO BARTOW, GEORGIA SUPERIOR COURT This is a suit for wrongful death, Plaintiff alleges that Defendant stole a U-Haul truck and crashed into Plaintiff's decedent while fleeing, killing her. Defendant is in default because he never answered the complaint. Now Plaintiff moves to transfer to Bartow County, where the incident occurred, pursuant to OCGA §9-10-31.1.' Plaintiff, as movant, carries the burden to establish that transfer is appropriate.” First, Defendant has waived any objection to venue by virtue of his default. See Maalouf yv. Knight, 237 Ga. App. 509, 510 (1999)(venue defense waived by defendant's default). This alone justifies granting Plaintiff's motion. Second, alternatively, having weighed Plaintiff's unrebutted showing regarding the factors set forth in OCGA §9-10-31.1(a),? this Court finds that ease of access to proof, availability of compulsory process, existence of local interests, and Plaintiffs choice of venue militate toward transfer. The remaining statutory factors do not shift the balance to the contrary. ‘ “If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard...in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens....As to a claim or action that would be more properly heard in a different county of proper venue within this state, the venue shall be transferred to the appropriate county.” OCGA §9-10- 31.A(a). ? RJ. Taylor Mem. Hosp., Inc. v. Beck, 280 Ga. 660, 662 (2006)(“as movant to transfer venue of the case, it had the burden to show that the factors set forth in OCGA § 9-10-31.1(a) support the transfer”). 3“In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors: (1) Relative ease of access to sources of proof; (2) Availability and cost of compulsory process for attendance of unwilling witnesses; (3) Possibility of viewing of the premises, if viewing would be appropriate to the action; (4) Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue his or her remedy; (5) Administrative difficulties for the forum courts; (6) Existence of local interests in deciding the case locally; and (7) The traditional deference given to a plaintiff's choice of forum.” OCGA §9-10-31.1(a). Page 1 of 2 Finally, this Court notes that according to the Complaint, Defendant resides at an address which, per the United States Postal Service, is in Bartow county. See id, para. 10 (40 Stone Creek Drive Southwest, Cartersville, Georgia 30120). Defendant in default has not rebutted the assertion, meaning it stands. “The Georgia Constitution provides that venue generally lies in the county where the defendant resides. Ga. Const. of 1983, Art. VI, Sec. Il, Par. VI.” Carpenter v. McMann, 304 Ga. 209, 210 (2018). Thus, Defendant's Bartow residence serves as an alternative ground for transfer to Bartow. Therefore, this Court HEREBY GRANTS Plaintiff's motion for all three, alternative, reasons. This matter shall be transferred to the Superior Court of Bartow County, Georgia. SO ORDERED this 19 day of August , 20 oe Carla E. Brown, Judge State Court of Gwinnett County Page 2 of 2