Pearle Optical of Monroeville, Inc. v. STATE Bd. OF EXAMINERS IN OPTOMETRY, 136 S.E.2d 371 (Ga. 1964). · Go Syfert
Pearle Optical of Monroeville, Inc. v. STATE Bd. OF EXAMINERS IN OPTOMETRY, 136 S.E.2d 371 (Ga. 1964). Cases Citing This Book View Copy Cite
34 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: SMITH INDUSTRIES, INC. v. BYERS ROAD, LLC (gactapp, 2024-03-13)
Treatment trajectory · 1964 → 2026 · click a year to view as-of
1964 1995 2026
Top citers, strongest first. 11 distinct citers.
discussed Cited as authority (rule) SMITH INDUSTRIES, INC. v. BYERS ROAD, LLC
Ga. Ct. App. · 2024 · confidence medium
Because Smith Industries has already received appellate review of the trial court’s order of dismissal,“[f]urther proceedings on the case in this [C]ourt and in the trial court are precluded[.]” Pearle Optical of Monroeville v. Ga. State Bd. of Examiners in Optometry, 219 Ga. 856, 858 ( 136 SE2d 371 ) (1964); see also Echols v. State, 243 Ga. App. 775, 776 ( 534 SE2d 464 ) (2000) (“It is axiomatic that the same issue cannot be relitigated ad infinitum.”) (punctuation omitted).
discussed Cited as authority (rule) Sam Levine v. Georgia Alloy, LLC
Ga. Ct. App. · 2020 · confidence medium
Accordingly, “the controversy is at an end; [and] the rights of the parties, so far as they are involved in the litigation, are conclusively adjudicated.” Pearle Optical of Monroeville v. Ga. State Bd. of Examiners in Optometry, 219 Ga. 856, 858 ( 136 SE2d 371 ) (1964).
discussed Cited as authority (rule) Sam Levine v. Georgia Alloy, LLC
Ga. Ct. App. · 2020 · confidence medium
Accordingly, “the controversy is at an end; [and] the rights of the parties, so far as they are involved in the litigation, are conclusively adjudicated.” Pearle Optical of Monroeville v. Georgia State Bd. of Examiners in Optometry, 219 Ga. 856, 858 ( 136 SE2d 371 ) (1964).
discussed Cited as authority (rule) Larry C. Martin v. Hamilton State Bank
Ga. Ct. App. · 2013 · confidence medium
And a party cannot, on a second appeal, “by 7 OCGA § 5-6-46 pertinently provides: In civil cases, the notice of appeal . . . shall serve as supersedeas upon payment of all costs in the trial court by the appellant and it shall not be necessary that a supersedeas bond or other form of security be filed; provided, however, that upon motion by the appellee, made in the trial court before or after the appeal is docketed in the appellate court, the trial court shall require that supersedeas bond or other form of security be given. . . .” 8 Jebco Ventures v. City of Smyrna, 259 Ga. 599, 601-602…
discussed Cited as authority (rule) Wilson v. Hinely
Ga. Ct. App. · 2003 · confidence medium
As the Supreme Court of Georgia held in Pearle Optical of Monroeville v. State Bd. of Examiners in Optometry, 219 Ga. 856, 857-858 ( 136 SE2d 371 ) (1964): [A] judgment rendered by the trial court, reviewed and affirmed by this court . . . [is] a final judgment. . . .
discussed Cited as authority (rule) Tidwell Homes, Inc. v. Sharif
Ga. Ct. App. · 1983 · confidence medium
Further proceedings on the case in this court and in the trial court are precluded, and the judgment of the lower court is in full force and effect, precisely the same as if no appeal to this court had been taken. [Cit.] ” Pearle Optical v. State Bd. of Optometry, 219 Ga. 856, 858 ( 136 SE2d 371 ) (1964).
cited Cited as authority (rule) Stone v. Peoples Bank
Ga. Ct. App. · 1973 · confidence medium
Code § 6-1804; Harrison v. Harrison, 208 Ga. 70 (3) (65 SE2d 173); Pearle Optical v. State Board &c., 219 Ga. 856, 858 ( 136 SE2d 371 ).
discussed Cited as authority (rule) Rahal v. Titus
Ga. Ct. App. · 1964 · confidence medium
And, as has been most recently said by the Supreme Court in Pearle Optical of Monroeville, Inc. v. State Bd. of Examiners In Optometry, 219 Ga. 856, 857 ( 136 SE2d 371 ), “When the remittitur from this court was received by the trial court it was the duty of the court ‘in good faith’ to carry ‘into full effect’ the judgment of this court.
discussed Cited "see" Nave v. State (2×)
Ga. Ct. App. · 1984 · signal: see · confidence high
See Pearle Optical v. State Bd. &c. of Optometry, 219 Ga. 856 ( 136 SE2d 371 ) (1964).
discussed Cited "see" Contractors Management Corp. v. McDowell-Kelley, Inc. (2×)
Ga. Ct. App. · 1976 · signal: see · confidence high
See Pearle Optical v. State Bd. of Examiners, 219 Ga. 856 ( 136 SE2d 371 ); Helmly v. Schultz, 219 Ga. 594 ( 134 SE2d 810 ). 3.
discussed Cited "see, e.g." Aetna Casualty & Surety Co. v. Bullington (2×)
Ga. · 1971 · signal: compare · confidence low
Compare Pearle Optical of Monroeville v. *486 State Bd. of Examiners in Optometry, 219 Ga. 856 ( 136 SE2d 371 ), where it was held: "When the remittitur from this court was received by the trial court it was the duty of the court 'in good faith’ to carry 'into full effect’ the judgment of this court.
PEARLE OPTICAL OF MONROEVILLE, INC. Et Al.
v.
STATE BOARD OF EXAMINERS IN OPTOMETRY
22426.
Supreme Court of Georgia.
Apr 9, 1964.
136 S.E.2d 371
Edenfield, Reyman & Sizemore, Newell Edenfield, Joseph Lefkoff, William G. Grant, for plaintiffs in error., Eugene Cook, Attorney General, G. Hughel Harrison, Assistant Attorney General, contra.
Almand.
Cited by 17 opinions  |  Published
Almand, Justice.

The Georgia State Board of Examiners in Optometry filed in Floyd Superior Court in December 1962, its[*857] petition against Pearle Optical of Monroeville, Inc., and Dr. James P. Henderson seeking a declaratory judgment as to the rights of petitioner to regulate and control the practice of optometry and to determine and declare the rights of the defendants to engage in the practice of optometry. The defendants filed their demurrers and answers. In April, 1963, the case was submitted to the trial judge for decision on both the demurrers and the main issues. The facts involved were stipulated. The court entered a decree overruling the demurrers and adjudicating the rights and duties of the plaintiffs and defendants. Paragraph 7 of the decree provided: “Accordingly, upon this adjudication becoming final, the corporate defendant Pearle Optical of Monroeville, Inc. shall not engage in the practice of optometry within this State, neither directly, indirectly, nor otherwise- through or by any of its corporate officers, agents, servants and/or employees, and the individual defendant James Perry Henderson, as a practicing Licensed Optometrist, shall conform to and comply with the reasonable rules and regulations adopted and promulgated by the Georgia State Board of Examiners in Optometry governing the practice of optometry pursuant to the laws of Georgia. So ordered this 18th day of April, 1963.” The defendants filed their bill of exceptions to this order in which it was recited that the order upon which error was assigned was “a final order, judgment and decree.” On review this court on October 10, 1963, affirmed without any conditions or directions the decree of the trial court. Pearle Optical of Monroeville v. Georgia State Board of Examiners in Optometry, 219 Ga. 364 (133 SE2d 374). Upon the return of the remittitur from this court to the trial court on motion of counsel for the Board of Optometry, ex parte and without notice to Pearle Optical, the trial court entered an order making the judgment of this court the judgment of the trial court and adjudicated and declared duties and obligations of the defendants other than provided in the affirmed decree. The defendants filed their motion to vacate this supplemental decree. This motion was denied and the defendants by their bill of exceptions assign error on this order.

The declaratory judgment rendered by the trial court, reviewed and affirmed by this court in 219 Ga. 364, supra, was a final judgment. When the remittitur from this court was re[*858] ceived by the trial court it was the duty of the court “in good faith” to carry “into full effect” the judgment of this court. Code § 6-1804. The judgment of affirmance was a final disposition of the case, even if the remittitur was not made the judgment of the trial court. Harrison v. Harrison, 208 Ga. 70 (65 SE2d 173). When a final judgment of the trial court is affirmed by this court, and not remanded to the trial court for further proceedings, the controversy is at an end; the rights of the parties, so far as they are involved in the litigation, are conclusively adjudicated. Further proceedings on the case in this court and in the trial court are precluded, and the judgment of the lower court is in full force and effect, precisely the same as if no appeal to this court had been taken. Pryor v. Pryor, 164 Ga. 7 (2) (137 SE 567). “Affirmance of the judgment without condition or direction left the trial court without jurisdiction to entertain or pass on a ‘special plea’ filed after the judgment of affirmance.” Federal Investment Co. v. Ewing, 166 Ga. 246 (142 SE 890).

The court erred in overruling the motion of the defendants to vacate its order of December 23, 1963.

Judgment reversed.

All the Justices concur.