Hous. Auth. v. MMT Enter., Inc., 475 S.E.2d 642 (Ga. 1996). · Go Syfert
Hous. Auth. v. MMT Enter., Inc., 475 S.E.2d 642 (Ga. 1996). Cases Citing This Book View Copy Cite
“a trial court may not grant equitable relief if a party has an adequate remedy at law.”
41 citation events (23 in the last 25 years) across 3 distinct courts.
Strongest positive: Turner v. Clayton County (gactapp, 2010-05-28)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (quoted) Turner v. Clayton County (2×) also: Cited "see"
Ga. Ct. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
a trial court may not grant equitable relief if a party has an adequate remedy at law.
discussed Cited as authority (rule) RHONDA J. MARTIN v. FULTON COUNTY BOARD OF REGISTRATION AND ELECTIONS (2×) also: Cited "see"
Ga. · 2019 · confidence medium
See, e.g., Resurgens, P.C. v. Elliott, 301 Ga. 589, 597 ( 800 SE2d 580 ) (2017) (“A trial court has broad discretion to control discovery . . . and this Court will not reverse a trial court’s decision on discovery matters absent a clear abuse of discretion.”) (citation and punctuation omitted); Talmadge v. Elson Properties, 279 Ga. 268, 270 ( 612 SE2d 780 ) (2005) (“Granting or refusing a continuance is a matter within the sound discretion of the trial court.”) (citation and punctuation omitted); Housing Auth. v. MMT Enterprises, 267 Ga. 129, 129 ( 475 SE2d 642 ) (1996) (denial of mo…
discussed Cited as authority (rule) Century Bank of Georgia v. Bank of America, N.A. (2×) also: Cited "see, e.g."
Ga. · 2009 · confidence medium
Prosser, supra, 256 Ga. at 399 (2); Housing Authority, supra, 267 Ga. at 129 (1).
discussed Cited "see" McArthur Electric, Inc. v. Cobb County School District (2×)
Ga. · 2007 · signal: see · confidence high
See Housing Auth. v. MMT Enterprises, 267 Ga. 129 ( 475 SE2d 642 ) (1996) (equity unavailable to contractor having right to seek damages for breach of contract).
discussed Cited "see, e.g." Coleman v. Retina Consultants, P.C. (2×)
Ga. · 2009 · signal: see also · confidence low
See also Housing Auth. v. MMT Enterprises, 267 Ga. 129 (1) ( 475 SE2d 642 ) (1996).
discussed Cited "see, e.g." Ebon Foundation, Inc. v. Oatman (2×)
Ga. · 1998 · signal: compare · confidence low
Compare Housing Authority v. MMT Enterprises, 267 Ga. 129 (1) ( 475 SE2d 642 ) (1996).
Retrieving the full opinion text from the archive…
HOUSING AUTHORITY
v.
MMT ENTERPRISES, INC. Et Al.; MMT ENTERPRISES, INC. v. HOUSING AUTHORITY Et Al.; AMERICAN BONDING COMPANY v. HOUSING AUTHORITY Et Al.
S96A1053, S96X1055 and S96X1057.
Supreme Court of Georgia.
Sep 23, 1996.
475 S.E.2d 642
Brent, Woodland, Redic & Sweetnam, D. Michael Sweetnam, Morris, Manning & Martin, Warren W. Wills, Jr., for Housing Authority., Michael O. Morgan, Lester, Lester & Flynt, James L. Lester, for MMT Enterprises., Thompson & Slagle, DeWitte Thompson, Jefferson B. Slagle, for American Bonding Company.
Fletcher.
Cited by 16 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: Court of Appeals of Georgia (1)
Fletcher, Presiding Justice.

The Housing Authority of Washington, Georgia contracted with MMT Enterprises, Inc. to renovate 96 housing units. After the authority terminated the contract, MMT sued for monies owed and the authority filed a counterclaim for breach of contract. The trial court ordered the authority to deposit in escrow the funds that it retains under the contract pending the project’s completion. The authority appeals that order. Because the trial court abused its discretion in ordering an injunction when the contractor had an adequate remedy at law, we reverse.

1. A trial court may not grant equitable relief if a party has an adequate remedy at law. [1] OCGA § 9-5-6 provides that “[creditors without liens may not, as a general rule, enjoin their debtors from disposing of property nor obtain injunctions or other extraordinary relief in equity.” Here the trial court issued a mandatory interlocutory injunction requiring the authority to pay approximately $70,000, the sum that the authority has retained from the contractor’s periodic payment requests, into a court escrow account. [2] The contractor, however, has an adequate legal remedy since it may obtain money damages for any breach of contract. [3] Therefore, the trial court abused its discretion in ordering the equitable remedy of an injunction.

2. In the cross-appeals, the contractor and bonding company challenge the denial of summary judgment and motions to compel discovery. We conclude that the trial court did not commit reversible error in denying MMT’s motion for partial summary judgment or American Bonding Company’s motion for summary judgment and did not abuse its discretion in denying MMT’s discovery requests.

Judgment reversed in Case No. S96A1053. Judgment affirmed in Case Nos. S96X1055 and S96X1057.

All the Justices concur. [*130] Decided September 23, 1996. Brent, Woodland, Redic & Sweetnam, D. Michael Sweetnam, Morris, Manning & Martin, Warren W. Wills, Jr., for Housing Authority. Michael O. Morgan, Lester, Lester & Flynt, James L. Lester, for MMT Enterprises. Thompson & Slagle, DeWitte Thompson, Jefferson B. Slagle, for American Bonding Company.
1

Thomas v. Mayor of Savannah, 209 Ga. 866 (76 SE2d 796) (1953); OCGA § 23-1-4.

2

The contract authorizes the authority to retain ten percent of the progress payments until final completion and acceptance of the project.

3

See Patel v. Alpha Investment Properties, 265 Ga. 597 (458 SE2d 476) (1995); Prosser v. Hancock Bus Sales, 256 Ga. 399 (349 SE2d 460) (1986).