Hawthorn Suites Golf Resorts, LLC v. Feneck, 282 Ga. 554

Summary

The Supreme Court of Georgia affirmed dismissal of Hawthorn Suites Golf Resorts, LLC's suit against Dana R. Feneck under Georgia's forum non conveniens statute. The court held that Feneck adequately supported his motion, that OCGA § 9-10-31.1(a) was constitutional, and that the trial court did not abuse its discretion in determining Louisiana was the more convenient forum.

Holdings

1. Feneck did not abandon his motion because his motion and supporting brief cited OCGA § 9-10-31.1(a), presented detailed legal arguments, and relied on undisputed facts of record.
2. OCGA § 9-10-31.1(a) does not violate the Georgia Constitution because it does not automatically divest the superior court of jurisdiction; the court first exercises jurisdiction to determine whether the action would more properly be heard elsewhere.
3. The trial court did not abuse its discretion in determining that Louisiana was the more convenient forum and dismissing the action.

Questions Presented

1. Whether Feneck abandoned his forum non conveniens motion by failing to provide adequate legal authority and factual support.
2. Whether OCGA § 9-10-31.1(a) violates the Georgia Constitution by divesting superior courts of jurisdiction over forum non conveniens cases.
3. Whether the trial court abused its discretion in determining that Louisiana was a more convenient forum and dismissing the action.

Disposition

affirmed