Stancil v. Gwinnett Cnty., 384 S.E.2d 666 (Ga. 1989). · Go Syfert
Stancil v. Gwinnett Cnty., 384 S.E.2d 666 (Ga. 1989). Cases Citing This Book View Copy Cite
“the dismissal of one of multiple defendants is not an appealable order unless the judge has made it a final order under ocga 9-11-54 (b).”
54 citation events (29 in the last 25 years) across 2 distinct courts.
Strongest positive: DOUGLAS WILLIAMS v. CASTLE HOME PRO, LLC (gactapp, 2023-02-06)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 21 distinct citers.
discussed Cited as authority (quoted) DOUGLAS WILLIAMS v. CASTLE HOME PRO, LLC (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence low
the dismissal of one of multiple defendants is not an appealable order unless the judge has made it a final order under ocga 9-11-54 (b).
cited Cited as authority (rule) Trinity Property Consultants LLC v. Caleb Blankemeyer
Ga. Ct. App. · 2022 · confidence medium
See OCGA § 5-6-34 (d); Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989).
cited Cited as authority (rule) John W. Ledford v. Dennis L. Mobley
Ga. Ct. App. · 2013 · confidence medium
See Murray v. DeKalb Farmers Market, Inc., 305 Ga. App. 523, 524 ( 699 SE2d 842 ) (2010); Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989); Haggard v. Bd. of Regents of the Univ.
cited Cited as authority (rule) Ledford v. Mobley
Ga. Ct. App. · 2013 · confidence medium
See Murray v. DeKalb Farmers Market, 305 Ga. App. 523, 524 ( 699 SE2d 842 ) (2010); Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989); Haggard v. Bd. of Regents of the Univ.
discussed Cited as authority (rule) Bircoll v. Rosenthal
Ga. Ct. App. · 2004 · confidence medium
Jaron testified that she never received any copy of the history from Blass. 8 (Emphasis in original.) 9 244 Ga. App. 890, 894 ( 537 SE2d 138 ) (2000). 10 Supra. 11 The buyer also sued the sellers, but those claims were not at issue on appeal. 12 244 Ga. App. at 894 . 13 Id. 14 249 Ga. App. 217 ( 547 SE2d 289 ) (2001). 15 (Footnotes omitted.) Id. at 223-224 (4). 16 Stancil v. Gwinnett County, 259 Ga. 507, 509 (1) ( 384 SE2d 666 ) (1989). 17 Seckinger v. Holtzendorf, 200 Ga. App. 604 ( 409 SE2d 76 ) (1991), cited by Bircoll and Jaron, is physical precedent only because one judge on the panel con…
cited Cited as authority (rule) Reece v. Smith
Ga. · 2003 · confidence medium
See Fairburn Banking Co. v. Gafford, 263 Ga. 792 ( 439 SE2d 482 ) (1994); Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989).
discussed Cited as authority (rule) Ackerman & Co. v. Lostocco
Ga. Ct. App. · 1995 · confidence medium
“Because there was no basis for the action against [Lostocco], and because the appellant could have made this determination with a minimum amount of diligence, we affirm the award of attorney fees. [Cit.]” Stancil v. Gwinnett County, 259 Ga. 507, 509 (1) ( 384 SE2d 666 ) (1989).
discussed Cited as authority (rule) Martin v. Williams (2×)
Ga. · 1994 · confidence medium
E.g., Executive Jet Sales v. Jet America, 242 Ga. 307 ( 248 SE2d 676 ) (1978); Southeast Ceramics v. Klem, 246 Ga. 294 ( 271 SE2d 199 ) (1980); McClure v. Gower, 259 Ga. 678, 680-681 (2) ( 385 SE2d 271 ) (1989); Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989). 2 For the reasons that follow, we conclude that Yancey, 258 Ga., was erroneously decided.
cited Cited as authority (rule) Moore v. Harris
Ga. Ct. App. · 1991 · confidence medium
Stancil v. Gwinnett County, 259 Ga. 507, 509 (1) ( 384 SE2d 666 ) (1989).
discussed Cited "see" Ehsan Razavi v. Vickie Marie Emily (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989); see also Hallman v. Emory Univ., 225 Ga. App. 247, 248-249 ( 483 SE2d 362 ) (1997) (physical precedent only).
discussed Cited "see" Charlie Bridges v. Akshay Gupta (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989); see also Mitcham v. Blalock, 268 Ga. 644, 646-647 (4) ( 491 SE2d 782 ) (1997).
discussed Cited "see" Bobby Johnson v. Prof-2013-S3 Legal Title Trust
Ga. Ct. App. · 2018 · signal: see · confidence high
See Stancil v. Gwinnett County, 259 Ga. 507, 508 (384 1 Effective January 1, 2017, this Court has jurisdiction in “[c]ases involving title to land.” OCGA § 15-3-3.1 (a) (1); see also Ga. L. 2016, p. 883, § 6-1 (c) (effective date).
discussed Cited "see" Russell Carbonara v. Fortress Group, Inc. (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989); see also Haggard v. Bd. of Regents, 257 Ga. 524, 526 (4) (a) ( 360 SE2d 566 ) (1987).
discussed Cited "see" Shooter Alley, Inc. v. City of Doraville, Georgia (2×)
Ga. Ct. App. · 2016 · signal: see · confidence high
See Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989); see also Haggard v. Board of Regents, 257 Ga. 524, 526 (4) (a) ( 360 SE2d 566 ) (1987).
discussed Cited "see" HEISKELL Et Al. v. ROBERTS (2×)
Ga. · 2014 · signal: see · confidence high
See Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989). 3 Thus, in contrast to the provisions of the Judicial Branch Article, the Executive Branch Article says: When any public office shall become vacant by death, resignation, or otherwise, the Governor shall promptly fill such vacancy unless otherwise provided by this Constitution or by law; and persons so appointed shall serve for the unexpired term unless otherwise provided by this Constitution or by law.
discussed Cited "see" Adams v. Moffatt (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989). 2.
discussed Cited "see, e.g." Capricorn Systems, Inc. v. Godavarthy (2×)
Ga. Ct. App. · 2002 · signal: see also · confidence low
See also Stancil v. Gwinnett County, 259 Ga. 507 ( 384 SE2d 666 ) (1989) (since § 9-15-14 attorney fee award made two months after directly appealable judgment was entered was appealed with other matters directly appealable, no application was necessary); and Hallman v. Emory University, 225 Ga. App. 247, 249-250 ( 483 SE2d 362 ) (1997) (§ 9-15-14 award directly appealable since attorney fees were also awarded pursuant to OCGA § 51-7-80, which is not statutorily subject to discretionary review).
discussed Cited "see, e.g." Mitcham v. Blalock (2×)
Ga. · 1997 · signal: see also · confidence low
See also Stancil v. Gwinnett County, 259 Ga. 507 ( 384 SE2d 666 ) (1989) (since § 9-15-14 attorney fee award made two months after directly appealable judgment was entered was appealed with other matters directly appealable, no application was necessary);’ and Hallman v. Emory University, 225 Ga. App. 247, 249-250 ( 483 SE2d 362 ) (1997) (§ 9-15-14 award directly appealable since attorney fees were also awarded pursuant to OCGA § 51-7-80, which is not statutorily subject to discretionary review).
discussed Cited "see, e.g." Hallman v. Emory University (2×)
Ga. Ct. App. · 1997 · signal: see also · confidence medium
See also Standi v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989); Haggard v. Bd. of Regents &c. ofGa., 257 Ga. 524, 526 (4) (a) ( 360 SE2d 566 ) (1987).
examined Cited "see, e.g." Watkins v. Watkins (4×)
Ga. · 1996 · signal: see also · confidence medium
See also Stancil v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989); Haggard v. Bd. of Regents, 257 Ga. 524, 526 ( 360 SE2d 566 ) (1987) (in both cases, we held that, even though an order awarding attorney fees was made after an appeal was filed on the underlying judgment, the order awarding attorney fees could be reviewed as part of the direct appeal on the underlying claim).
examined Cited "see, e.g." Rolleston v. Huite (4×)
Ga. Ct. App. · 1990 · signal: see also · confidence medium
See also Standi v. Gwinnett County, 259 Ga. 507, 508 ( 384 SE2d 666 ) (1989).
STANCIL
v.
GWINNETT COUNTY (Two Cases)
S89A0281, S89A0318.
Supreme Court of Georgia.
Oct 26, 1989.
384 S.E.2d 666
Macklyn A. Smith, for appellant., Richard A. Carothers, Caryl Brinson, Anthony O. L. Powell, Russell T. Bryant, for appellee.
Clarke.
Cited by 27 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: Court of Appeals of Georgia (1)
Clarke, Presiding Justice.

Stancil’s appeal is from an order of the Gwinnett Superior Court[*508] entered in open court April 26, 1989, dismissing the City of Lawrence-ville; an order of May 10, 1989, denying injunctive relief against Gwinnett County; and an order of July 10, 1989, awarding attorney fees to the City of Lawrenceville. He filed a notice of appeal on June 7, 1989.

The City of Lawrenceville moves to dismiss the appeal from the order of April 26, 1989, dismissing the City of Lawrenceville because the notice of appeal was 10 days late. The City of Lawrenceville seeks to dismiss the appeal from the award of attorney fees because the appellant did not file an application as required by OCGA § 5-6-35 (a) (10) for an appeal from an award of attorney fees pursuant to OCGA § 9-15-14.

The question is whether the dismissal of the City of Lawrence-ville was a final order appealable under OCGA § 5-6-34. The dismissal of one of multiple defendants is not an appealable order unless the judge has made it a final order under OCGA § 9-11-54 (b). Home Mart Building Centers, Inc. v. Wallace, 139 Ga. App. 49 (228 SE2d 22) (1976); Spivey v. Rogers, 167 Ga. App. 729 (307 SE2d 677) (1983). Therefore, the time for notice of appeal did not run from that date but from the May 10 order. In regard to the claim that an application was necessary to appeal the award of attorney fees, since this was appealed along with other matters directly appealable, an application was not necessary. See Haggard v. Board of Regents, 257 Ga. 524 (360 SE2d 566) (1987).

Appellant Stancil, a citizen of Gwinnett County, brought this action for injunctive relief against Gwinnett County and the City of Lawrenceville. In April 1989, the Board of Commissioners of Gwinnett County passed a resolution expressing support for the concept of redevelopment of Downtown Lawrenceville prepared by the City of Lawrenceville and the Lawrenceville Downtown Redevelopment Task Force. Part of the money raised by one percent sales tax approved by Gwinnett County voters at a special election in November 1987, is earmarked for renovation of the courthouse in Lawrenceville. Appellant is primarily concerned that the grounds of the court house will be encroached upon to create parking spaces around the courthouse square. Appellant sought to have the county either enjoined from proceeding with plans to alter the courthouse grounds or enjoined from collection of the tax unless the grounds of the courthouse are preserved. He sought to have both defendants enjoined from altering the grounds.

The trial court dismissed the City of Lawrenceville as a party and dismissed the complaint for injunction against the county on the ground that it was premature. The court found that while plans were being considered for redevelopment of Lawrenceville Square, no final plans had been approved. Further, there has been no decision to[*509] spend sales tax proceeds on the redevelopment project. The trial court granted attorney fees to the City of Lawrenceville pursuant to OCGA § 9-15-14 (b) on the ground that there was no justification for the suit against the city. The trial court found that the City of Lawrenceville had “no legal interest, property rights, or governing authority in the courthouse grounds.” Because the plaintiff made inaccurate allegations which could have been easily verified, and because the complaint lacked substantial justification, the court granted attorney fees to the city.

Decided October 26, 1989. Macklyn A. Smith, for appellant. Richard A. Carothers, Caryl Brinson, Anthony O. L. Powell, Russell T. Bryant, for appellee.

1. We find that the trial court properly dismissed the City of Lawrenceville from the action. Because there was no basis for the action against the city, and because the appellant could have made this determination with a minimum amount of diligence, we affirm the award of attorney fees. Haggard v. Board of Regents, 257 Ga., supra.

2. We find that the trial court properly denied injunctive relief against Gwinnett County. As this court held in McDowell v. Judges Ex Officio, 235 Ga. 364, 365-6 (219 SE2d 713) (1975), in a case involving a similar fact situation:

The issuance of an injunction is a . . . rigorous remedy and cannot be based upon mere possibilities. An evidentiary hearing which produced evidence in support of all the appellant’s well-pleaded allegations would not authorize this injunctive relief because it would be based upon circumstances, conditions and events which may or may not occur in the future. Therefore, the trial court correctly held that the complaint fails to set forth a justiciable issue and does not state a claim upon which relief can be granted.

Judgment affirmed.

All the Justices concur.