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Jones Et Al.v.Peach Trader Inc. Et Al.

CourtSupreme Court of Georgia
Docket No.S17A1314
DecidedNovember 1, 2017
JudgesSupreme Court of Georgia
Tags
CivilBusiness LawCivil ProcedureAppellate ProcedurePreliminary InjunctionInterlocutory AppealSubject Matter JurisdictionVacatur
Case Summary

Peach Trader sued Jeffery and Sharon Jones, alleging that Jeffery had misappropriated more than one million dollars from his employer and seeking an injunction restricting the disposition of their assets. The trial court entered an interlocutory injunction, later modified it by releasing certain accounts, and dismissed the Joneses’ attempted direct appeal from the modification order. The Supreme Court of Georgia held that appellate courts, not trial courts, have the exclusive authority to determine whether a judgment or order is appealable, so the trial court’s dismissal of the notice of appeal was improper. The court nevertheless held that an order modifying an existing interlocutory injunction is not among the orders subject to direct appeal under the governing statute. Because the Joneses had not obtained a certificate of immediate review, the court lacked jurisdiction to consider the merits of the injunction or the remaining claims. It vacated the trial court’s order dismissing the notice of appeal and dismissed the appeal itself.

Opinion

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