Jackson v. Bibb Cnty. Sch. Dist., 515 S.E.2d 151 (Ga. 1999). · Go Syfert
Jackson v. Bibb Cnty. Sch. Dist., 515 S.E.2d 151 (Ga. 1999). Cases Citing This Book View Copy Cite
37 citation events (33 in the last 25 years) across 2 distinct courts.
Strongest positive: Cobb County v. Mable Oak Development, LLC (gactapp, 2023-01-27)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Cobb County v. Mable Oak Development, LLC
Ga. Ct. App. · 2023 · confidence medium
To prevent such an appeal from becoming moot the appealing party must obtain a supersedeas.” Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999) (citation and punctuation omitted).
discussed Cited as authority (rule) GREEN BULL PARTNERS, LLC v. REGISTER
Ga. · 2017 · confidence medium
Especially in light of its initial and provisional determination that an interlocutory injunction pending final judgment might be appropriate, that the trial court found the case close enough to warrant an injunction pending appeal — notwithstanding its determination 5 See Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999) (noting that, “if the thing sought to be enjoined in fact takes place, the grant or denial of the injunction becomes moot”). 6 that an interlocutory injunction pending final judgment was not appropriate — is unremarkable.
discussed Cited as authority (rule) Marilyn E. Goodrich v. Bank of America, N. A.
Ga. Ct. App. · 2014 · confidence medium
“It is a rather fundamental rule of both equitable jurisprudence and appellate procedure, that if the thing sought to be enjoined in fact takes place, the grant or denial of the injunction becomes moot.” Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999); Adams v. Smith, 240 Ga. 436, 437 ( 241 SE2d 1 ) (1978).
discussed Cited as authority (rule) Goodrich v. Bank of America, N.A.
Ga. Ct. App. · 2014 · confidence medium
“It is a rather fundamental rule of both equitable jurisprudence and appellate procedure, that if the thing sought to be enjoined in fact takes place, the grant or denial of the injunction becomes moot.” Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999); Adams v. Smith, 240 Ga. 436, 437 ( 241 SE2d 1 ) (1978).
discussed Cited as authority (rule) Georgia Department of Natural Resources v. Center for a Sustainable Coast, Inc.
Ga. · 2014 · confidence medium
These amendments to the Act became effective on July 1, 2013. “ ‘It is a rather fundamental rule of both equitable jurisprudence and appellate procedure, that if the thing sought to be enjoined in fact takes place, the grant or denial of the injunction becomes moot.’ ” Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999).
discussed Cited as authority (rule) Clark v. Atlanta Independent School System
Ga. Ct. App. · 2011 · confidence medium
Such general law may authorize the use of county, municipal, and school tax funds, or any combination thereof, to fund such redevelopment purposes and programs, . . . notwithstanding Section VI of Article VIII or any other provision of this Constitution and regardless of whether any county, municipality, or local board of education approved the use of such tax funds for such purposes and programs before January 1, 2009. 6 Ga. L. 2009, p. 158, §§ 2, 4. 7 OCGA § 5-6-34 (a) (4). 8 OCGA § 9-11-62 (a). 9 See Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999). 10 See Stu…
discussed Cited as authority (rule) Jenkins v. Smith (2×) also: Cited "see"
Ga. Ct. App. · 2011 · confidence medium
(Citations and punctuation omitted.) Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999).
cited Cited as authority (rule) Old Stone Company I, LLC v. Hughes
Ga. · 2008 · confidence medium
Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999); Brown v. Spann, 271 Ga. 495 ( 520 SE2d 909 ) (1999).
discussed Cited as authority (rule) Babb v. Putnam County
Ga. Ct. App. · 2004 · confidence medium
Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999). 1 Bd. of Commrs. of Richmond County v. Cooper, 259 Ga. 785 ( 387 SE2d 138 ) (1990). 2 Citizens to Save Paulding County v. City of Atlanta, 236 Ga. 125 ( 223 SE2d 101 ) (1976). 3 Padgett v. Cowart, 232 Ga. 633 ( 208 SE2d 455 ) (1974).
discussed Cited as authority (rule) Baptist Convention v. Shorter College
Ga. Ct. App. · 2004 · confidence medium
The plaintiffs/appellees are Shorter College and Shorter College Foundation, Inc. 2 Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999). 3 249 Ga. 598 ( 292 SE2d 712 ) (1982). 4 Jackson, supra at 18 . 5 (Punctuation omitted; emphasis in original.) Id. at 19 . 6 Id. 7 Radio Webs, supra at 604 (2). 8 Id. 9 Affidavits attached to briefs may be considered for the purpose of determining mootness.
cited Cited as authority (rule) Brown v. Spann
Ga. · 1999 · confidence medium
Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999); Adams v. Smith, 240 Ga. 436, 437 ( 241 SE2d 1 ) (1978).
discussed Cited "see" Green Bull Georgia Partners, LLC v. Register (2×)
Ga. · 2017 · signal: see · confidence high
See Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999) (noting that, “if the thing sought to be enjoined in fact takes place, the grant or denial of the injunction becomes moot”).
discussed Cited "see" Southern Healthcare System, Inc. v. Health Care Capital Consolidated, Inc. (2×)
Ga. · 2002 · signal: see · confidence high
See Jackson v. Bibb County School Dist, 271 Ga. 18 ( 515 SE2d 151 ) (1999). 1.
discussed Cited "see, e.g." Virginia Highland Civic Ass'n v. Pace Properties, Inc. (2×)
Ga. · 2000 · signal: see also · confidence medium
See also Jackson v. Bibb County School Dist., 271 Ga. 18, 19 ( 515 SE2d 151 ) (1999).
Retrieving the full opinion text from the archive…
JACKSON Et Al.
v.
BIBB COUNTY SCHOOL DISTRICT Et Al.
S99A0153.
Supreme Court of Georgia.
Apr 12, 1999.
515 S.E.2d 151
1999 Ga. LEXIS 324
Gambrell & Stolz, Irwin W. Stolz, Jr., Seaton D. Purdom, Christopher N. Smith, for appellants., Jones, Cork & Miller, W. Warren Plowden, Hubert C. Lovein, Jr., Chambless, Higdon & Carson, James F. Carson, Jr., for appellees.
Thompson.
Cited by 18 opinions  |  Published
Thompson, Justice.

Appellants are members of the Bibb County Citizens for Fiscal Responsible Government, who filed suit to enjoin appellee Bibb County School District from closing a contract for the purchase of 130 acres of land to construct educational facilities. It was alleged in the petition that the contract price “is grossly in excess of the fair market value,” and, as such, constituted an illegal gratuity and a waste of public funds. [1] It was further alleged that unless injunctive relief is granted, appellants will complete purchase of the property “and thereby render the issues raised in the petition moot.” A TRO was granted to maintain the status quo until the merits of the petition could be heard.

After hearing argument on the merits, the trial court dissolved the TRO and denied further injunctive relief on the basis that the contract involved an arm’s length transaction between a willing buyer and seller, rather than an illegal gratuity. [2] Plaintiffs’ attorney stated their intent to file a notice of appeal from that ruling “as soon as the court enters an order today.” Defendants’ attorney asked for[*19] clarification as to whether it may proceed with the closing: “Do I ¡understand the Court’s ruling that the parties to this contract can go ¡ahead and consummate?” When the court responded in the affirmative, defendant’s counsel volunteered: “Just so everybody will know [where we’re coming from. Filing notice of appeal is not enough to stop what, and we intend to go ahead right now and close this thing.” The court acknowledged: “There is no legal impediment as far as this case goes to the closing of the sale at this time.” Plaintiffs did not seek supersedeas in the trial court, and the sale was consummated later that day. We dismiss this appeal as moot.

It is a rather fundamental rule of both equitable jurisprudence and appellate procedure, that if the thing sought to be enjoined in fact takes place, the grant or denial of. the injunction becomes moot. To prevent such an appeal from becoming moot the appealing party must obtain a supersedeas.

Board of Commrs. of Richmond County v. Cooper, 259 Ga. 785 (387 SE2d 138) (1990). See also OCGA § 9-11-62 (a) (unless otherwise ordered by the court, final judgment in an action for an injunction shall not be stayed during pendency of an appeal). Accord Citizens to Save Paulding County v. City of Atlanta, 236 Ga. 125 (223 SE2d 101) (1976); Padgett v. Cowart, 232 Ga. 633 (208 SE2d 455) (1974).

In order to prevent their appeal from becoming moot, it was incumbent upon the plaintiffs to seek a supersedeas from the trial court, or from this Court in the event the trial court refused, to prevent an immediate sale of the property. See OCGA § 9-11-62 (c) (when appeal is taken from final judgment denying injunction the trial court may grant a supersedeas to stay transaction); Board of Commrs. of Richmond County, supra; Citizens to Save Paulding County, supra; Padgett, supra.

Contrary to plaintiffs’ assertions, their litigation is not excluded from the mootness doctrine under Collins v. Lombard Corp., 270 Ga. 120 (508 SE2d 653) (1998), as a matter in “which there is 'intrinsically insufficient time to obtain judicial relief for a claim common to an existing class of sufferers.’ ” Id. at 122. During the final hearing, plaintiffs were put on notice of defendants’ intent to immediately consummate a sale of property. Since they were before the very tribunal which could have issued an order to protect their rights and maintain the status quo during pendency of the appeal, it cannot be argued that there was insufficient time to obtain judicial relief. Because resolution of this case “would amount to the determination of an abstract question not arising upon existing facts or rights,” this appeal is moot. Id. at 122.

[*20] Decided April 12, 1999 Reconsideration denied May 3, 1999. Gambrell & Stolz, Irwin W. Stolz, Jr., Seaton D. Purdom, Christopher N. Smith, for appellants. Jones, Cork & Miller, W. Warren Plowden, Hubert C. Lovein, Jr., Chambless, Higdon & Carson, James F. Carson, Jr., for appellees.

Appeal dismissed.

All the Justices concur.
1

On appeal, plaintiffs assert violations of 1983 Georgia Constitution, Art. III, Sec. VI, Par. VI (a) (prohibiting gratuities); and Art. I, Sec. II, Par. I (public officers are trustees of the people and are amenable to them).

2

See generally Harrison Co. v. Code Revision Comm., 244 Ga. 325 (9) (260 SE2d 30) (1979) (no illegal gratuity where consideration paid by state for services to be performed under terms of a contract).