In a recent decision by the Court of Appeals of Georgia, the case between James A. Rafac and Jiangsu Linhai Power Machinery Group Corporation has seen its third appearance in court. The dispute centers around whether Rafac properly served Jiangsu through Ronald Ho, an agent associated with Sunright International of America, Inc., which imports Jiangsu’s products. The trial court had previously dismissed Rafac’s complaint due to insufficient service, but this was challenged on appeal.
Rafac argued that Ho was authorized to accept service on behalf of Jiangsu based on an appointment form under the National Traffic and Motor Vehicle Safety Act. However, Jiangsu countered with affidavits stating that Ho was not their registered agent. The trial court initially sided with Jiangsu but later vacated its dismissal after further examination of evidence and credibility assessments.
The latest ruling affirmed the trial court’s decision to dismiss Rafac’s complaint, as it found no reversible error in considering Ho’s deposition testimony. This testimony supported Jiangsu’s claim that neither Ho nor Sunright were authorized agents for accepting legal documents on behalf of Jiangsu.
Source: A24A0092_JAMES_A_RAFAC_v_JIANGSU_LINHAI_POWER_MACHINERY_GROUP_CORPORATION_Opinion.pdf
