Babouder V. Abdennur

LaToya Williams August 18, 2009 Intro to Law Ritchie Babouder v. Abdennur 566 Ga. 2d 457 (1989) I. Indentity of the Case a. Parties: Babouder v. Abdennur b. Citation: 566 Ga. 2d 457 (1989) II. Procedural History a. The defendant filed a motion to dismiss because he was tricked into the jurisdiction and therefore service was not proper. This case is in the GA court of Appeals. III.Facts a. The husband came into the jurisdiction to set up visitation rights because the wife had told him to go to the attorney’s office. The husband believes he was tricked. This belief came about because when he went into the attorney’s office he was served by the sheriff. The husband was personally served. He left the United Arab Emirates to check on his children who were living with his wife. IV. Issue a. Does the court has personal jurisdiction over someone, a non-resident, who enters the state freely but personal service is through some form of trickery? V. Rule a. The state does have personal jurisdiction over anyone within the confines of the state even if trickery is believed to be involved. VI. Reasoning a. The rule does not apply if a person willingly and freely enters into the state even if there is trickery involved. VII. Holding/Disposition a. Yes, the motion to dismiss is denied.