Opinion
S89A0093.
DECIDED SEPTEMBER 28, 1989. RECONSIDERATION DENIED OCTOBER 18, 1989.
Alimony. Muscogee Superior Court. Before Judge Whisnant.
Larry L. Taylor, Samuel W. Worthington III, for appellant.
Neal B. Littlejohn, for appellee.
When we granted Mr. Marbury's discretionary application we expressed interest in whether the trial court erred in denying Mr. Marbury's motion to dismiss for lack of personal jurisdiction. We find that it did and we reverse.
This is the second time these parties have appeared before this Court. In Marbury v. Marbury, 256 Ga. 651 ( 352 S.E.2d 564) (1987), we found that "the attempt to exercise personal jurisdiction over Mr. Marbury was unconstitutional." Id. at 655. We find that the "minimum contacts" as set forth in Smith v. Smith, 254 Ga. 450, 453 ( 330 S.E.2d 706) (1985), are missing in this case, and the trial court should have granted Mr. Marbury's motion to dismiss.
Judgment reversed. All the Justices concur.