Jahanbin v. Rafieishad
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Appellant Manoucher Jahanbin (husband) appealed the trial court's denial of his motion to set aside the final judgment and decree in a divorce action brought by Zahra Rafieishad (wife). Husband contended that the trial court erred in finding service upon him was perfected. The parties met in their native Iran, but were married in Atlanta, Georgia, shortly after moving here in 2007. After living together in Georgia for several years, husband began traveling internationally and spending time in Iran while wife remained in the marital residence in Atlanta. Wife filed for divorce; after attempts to have husband served personally in Iran were unsuccessful, the trial court entered an instructing wife to utilize the provisions of OCGA 9-11-4 (f)(3)(B)(iii)(II) and deliver the summons and complaint to the clerk of court, who was "directed to mail the correspondence" to husband's residence in Tehran, Iran. However, upon providing the correspondence to the clerk of court, the clerk instructed wife's attorney to complete the registered mail receipt in Farsi and to transact the mailing herself. Upon review, the Supreme Court found that the requirements of OCGA 9-11-4 (f)(3)(B)(iii)(II) were not met and reversed: "[w]hile this Court recognizes the difficulties incumbent in the fact that mail sent to a foreign country may require the address to be written in a foreign script, OCGA 9-11-4 (f)(3)(B)(iii)(II) does not permit the clerk of court to direct someone else to address and dispatch the mail for service of process."
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