See M & M Mortg. Co., Inc. v. Grantville Mill, LLC , 302 Ga. App. 46, 47 (1), 690 S.E.2d 630) (2010) (holding that venue may be proper in the county where corporate defendant’s registered agent for service of process was located); Coastal Transp., Inc. , 270 Ga. App. at 140 (3), 605 S.E.2d 865 (same). 244 Ga. 475, 260 S.E.2d 870 (1979).Id. at 475, 260 S.E.2d 870.
This statute does require the allegations in support of the petition to be under oath, which was absent here, but this is an amendable defect. Cf. C. E. Morgan Bldg Prods v. Safe-Lite Mfg., 244 Ga. 475 ( 260 S.E.2d 870) (1979). There is no merit in plaintiffs' argument that the bond that was furnished pursuant to the requirements of OCGA § 44-14-263 was void.
He thus argues that service did not and could not conform to the pleadings inasmuch as service was made in Fulton county. He further argues that because the complaint did not allege he was a resident of Fulton county, the complaint must fail. Assuming arguendo that the complaint was defective for the reason claimed, any such defect was cured by the judgment conforming the pleadings to the evidence. C. E. Morgan Bldg. Products v. Safe-Lite Mfg., 244 Ga. 475 ( 260 S.E.2d 870); Leniston v. Bonfiglio, 138 Ga. App. 151, 152 ( 226 S.E.2d 1). 2.
It is clear that process pursuant to such a writ would be void if there existed a nonamendable defect. Cf. C.E. Morgan Building Products, Inc. v. Safe-Lite Manufacturing, Inc., 244 Ga. 475, 260 S.E.2d 870 (1979) (failure to verify petition for writ of possession held an amendable defect which does not render process void). Yet, there are no allegations of such defects or irregularities in the proceedings.
Black's Law Dictionary (5th ed. 1979). See Walker v. Dept. of Transp. , 279 Ga. App. 287, 288, 630 S.E.2d 878 (2006) ("plaintiffs petitioned the local superior court for judicial review"); see also Ga. Dept. of Human Svcs. v. Addison , 304 Ga. 425, 431 (3), 819 S.E.2d 20 (2018) (alleged child abusers who filed a petition for declaratory judgment are referred to as "plaintiffs" throughout the opinion); Lathrop v. Deal , 301 Ga. 408 (1), 801 S.E.2d 867 (2017) (referring to parties that filed a petition for declaratory judgment as "plaintiff-physicians"); C. E. Morgan Bldg. Products, Inc. v. Safe-Lite Mfg., Inc., 244 Ga. 475, 260 S.E.2d 870 (1979) (referring to plaintiff's petition for writ of possession). Because Schuman's petition for judicial review is an action brought against the Department of Human Services and Schuman, as plaintiff, failed to provide for personal service on the Commissioner of Human Services, I would affirm the dismissal of Schuman's petition for judicial review.
BIRDSONG, Judge. The decision of this court in the above-styled case ( Safe-Lite Manufacturing, Inc. v. C. E. Morgan Building Products, Inc., 150 Ga. App. 172 ( 257 S.E.2d 19)) having been reversed by the Supreme Court on certiorari ( C. E. Morgan Building Products, Inc. v. Safe-Lite Manufacturing, Inc., 244 Ga. 475), our decision is hereby vacated and for the reasons stated in the opinion of the Supreme Court, the judgment of the Superior Court of Colquitt County is affirmed. Judgment affirmed. Quillian, P. J., and Smith, J., concur.