Fountain v. DeKalb Cnty., 231 S.E.2d 49 (Ga. 1976). · Go Syfert
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Fountain v. DeKalb Cnty., 231 S.E.2d 49 (Ga. 1976). Cases Citing This Book View Copy Cite
34 citation events (10 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Larry Ennis v. Georgia Power Company
Ga. Ct. App. · 2014 · confidence medium
Nor has he cited any statutory provision automatically entitling him to an oral hearing on his exceptions. 4 See Fountain v. DeKalb County, 238 Ga. 14, 15 ( 231 SE2d 49 ) (1976) (holding that where issues of value remain pending before the trial court, review of rulings upon non-value issues is generally not authorized without a certificate of immediate review). 2 permanent injunction.” In his motion, Ennis reasserted his non-value exceptions and maintained he was entitled to an oral hearing thereon.
discussed Cited as authority (rule) T.J. Fountain, Jr., Individually and D/B/A Fountain Oil Company v. Metropolitan Atlanta Rapid Transit Authority
11th Cir. · 1988 · confidence medium
Fountain’s subsequent appeal to the Georgia Supreme Court was dismissed in October, 1976 because “[t]he case is still pending in the trial court and piecemeal review of the rulings of the trial court is not permissible....” Fountain v. DeKalb County, 238 Ga. 14, 15 , 231 S.E.2d 49, 50 (1976).
cited Cited as authority (rule) Williams v. Citizens & Southern National Bank
Ga. Ct. App. · 1977 · confidence medium
Stamey v. City of Griffin, 238 Ga. 281 ( 232 SE2d 842 ) (1977); Fountain v. DeKalb County, 238 Ga. 14, 15 ( 231 SE2d 49 ) (1976). 3.
discussed Cited "see" JONES v. PEACH TRADER INC. (2×)
Ga. · 2017 · signal: see · confidence high
See Fountain v. DeKalb Cty., 238 Ga. 14, 15 ( 231 SE2d 49 ) (1976).
discussed Cited "see" Jones v. Peach Trader Inc. (2×)
Ga. · 2017 · signal: see · confidence high
See Fountain v. DeKalb County, 238 Ga. 14, 15 ( 231 SE2d 49 ) (1976).
discussed Cited "see" TJW Enterprises v. Henry County (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See Fountain v. DeKalb County, 238 Ga. 14, 15 ( 231 SE2d 49 ) (1976); Stafford v. Bryan County Bd. of Ed., 212 Ga. App. 6, 7 ( 440 SE2d 774 ) (1994); Cook v. Ga. Power Co., 204 Ga. App. 119, 120 ( 418 SE2d 451 ) (1992); Concept Capital Corp. v. DeKalb County, 172 Ga. App. 838 ( 325 SE2d 169 ) (1984); Turner v. City of Nashville, 167 Ga. App. 665 ( 307 SE2d 74 ) (1983); Hardy v. Ga. Power Co., 151 Ga. App. 803, 804 ( 261 SE2d 749 ) (1979).
discussed Cited "see" Hardy v. Georgia Power Co. (2×)
Ga. Ct. App. · 1979 · signal: see · confidence high
See Fountain v. DeKalb County, 238 Ga. 14 ( 231 SE2d 49 ) and Housing Authority v. Baker, 119 Ga. App. 109 ( 166 SE2d 437 ).
discussed Cited "see" Fountain v. MARTA (2×)
Ga. Ct. App. · 1978 · signal: see · confidence high
See Fountain v. DeKalb County, 238 Ga. 14 ( 231 SE2d 49 ).
Retrieving the full opinion text from the archive…
FOUNTAIN Et Al.
v.
DeKALB COUNTY Et Al.
31618.
Supreme Court of Georgia.
Oct 26, 1976.
231 S.E.2d 49
Dillard & Shearer, George P. Dillard, for appellants., Harvey, Willard & Elliott, Billy Olsen, Wendell K. Willard, Huie, Ware, Sterne, Brown & Ide, Charles N. Pursley, W. Stell Huie, Terrence Lee Croft, for appellees.
Ingram.
Cited by 17 opinions  |  Published
Ingram,’Justice.

This is a condemnation case which began when DeRalb County filed condemnation proceedings (using a special master) to acquire temporary and permanent easements for the construction and maintenance of a surface water drainage retention pond for MARTA on the property of the appellant.

The condemnee filed a motion and counterclaim seeking to enjoin the special master from proceeding in the case. However, the record shows that the special master has completed his business by conducting a[*15] hearing and awarding damages to the condemnee. The condemnee filed exceptions of law and fact to the special master’s report and filed a separate appeal to a jury on the issue of damages. The parties are presently awaiting the jury trial. An in rem judgment has been entered in the superior court condemning the property interest sought by the condemnor and denying the relief sought by the condemnee.

Argued October 13,1976 — Decided October 26, 1976 Rehearing denied November 24, 1976.

The present appeal, from the order of the trial court adverse to the condemnee, complains that the trial court erred in overruling the condemnee’s claim for injunctive relief and his exceptions to the special master’s report and that the trial court also erred in denying the condemnee’s motion to add parties, to compel answers to certain interrogatories directed to the condemnor and to remand the case to the special master to consider an award of attorney fees to the condemnee.

We must grant the condemnor’s motion to dismiss the appeal. The case is still pending in the trial court and piecemeal review of the rulings of the trial court is not permissible without a certificate for immediate review and there is not one in this case. See Housing Authority of the City of Decatur v. Baker, 119 Ga. App. 109 (166 SE2d 437) (1969), and City of Atlanta v. Turner Advertising Co., 234 Ga. 1 (214 SE2d 501) (1975). It is true that the denial of injunctive relief authorizes an interlocutory appeal. However, the injunctive features of the case have become moot as the special master has completed his work and has been discharged by the trial court. The errors enumerated by the condemnee can be pursued after the trial of the case before a jury in superior court if the judgment is adverse to him and he files a timely appeal therefrom. As these alleged errors cannot be considered in this appeal, the case will be dismissed in this court. Cf. Sweat v. Ga. Power Co., 235 Ga. 281 (219 SE2d 384) (1975), where the condemnee appealed on a certificate of immediate review.

Appeal dismissed.

All the Justices concur. [*16] Dillard & Shearer, George P. Dillard, for appellants. Harvey, Willard & Elliott, Billy Olsen, Wendell K. Willard, Huie, Ware, Sterne, Brown & Ide, Charles N. Pursley, W. Stell Huie, Terrence Lee Croft, for appellees.