Dolinger v. Driver, 498 S.E.2d 252 (Ga. 1998). · Go Syfert
Dolinger v. Driver, 498 S.E.2d 252 (Ga. 1998). Cases Citing This Book View Copy Cite
“where rights are defined and established by existing legal principles, they may not be changed or unsettled in equity.”
109 citation events (95 in the last 25 years) across 5 distinct courts.
Strongest positive: Khan v. Fort Bend Independent School District (txsd, 2008-06-06)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 36 distinct citers.
examined Cited as authority (verbatim quote) Khan v. Fort Bend Independent School District (3×) also: Cited as authority (quoted)
S.D. Tex. · 2008 · quote attribution · 3 verbatim quotes · confidence high
where rights are defined and established by existing legal principles, they may not be changed or unsettled in equity.
examined Cited as authority (rule) MIDFIRST BANK v. STEPHANIE MANTOOTH (3×)
Ga. Ct. App. · 2025 · confidence medium
Although equity does seek to do complete justice, it must do so within the parameters of the law.” Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998) (citations and punctuation omitted).
discussed Cited as authority (rule) Georgia's Own Credit Union v. T. Chastin Grace Jr. LLC (2×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
A document is to be construed by its substance or function, rather than by its name.” Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998).
cited Cited as authority (rule) Michael Mantrail Daniels v. City of Atlanta
Ga. Ct. App. · 2025 · confidence medium
A document is to be construed by its substance or function, rather than by its name.” Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998).
discussed Cited as authority (rule) KAMAL NAYANI v. AMINA HASSANALI
Ga. Ct. App. · 2024 · confidence medium
Rather, in determining whether an order is final, we look to its substance.3 If, as Nayani contends, the March 2022 order was not final because the Defendants’ counterclaims remained pending, then the August 2023 order would also not be final for the same reason, in which case Nayani’s appeal would be subject to dismissal as premature.4 But in light of this Court’s determination in the previous appeal that the contract here was void, and Nayani could not pursue his claims, then the trial court’s statement in the March 2022 order that Nayani could not amend his complaint, 2 Dolinger v. …
cited Cited as authority (rule) JASON PARRISH v. ST. JOSEPH'S/CANDLER HEALTH SYSTEM, INC.
Ga. Ct. App. · 2022 · confidence medium
Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998) (citations and punctuation omitted).
cited Cited as authority (rule) U.S. Bank, National Association as Trustee of the Cabana Series IV Trust v. Carrington Mortgage Services, LLC
Ga. Ct. App. · 2022 · confidence medium
(Citations and punctuation omitted.) Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998); see also Northlake Manor Condo.
cited Cited as authority (rule) WINSTON CLARK CONNELL v. DIANE DICKENS HAMON, AS SURVIVING CHILD OF JAMES ISAAC DICKENS, JR
Ga. Ct. App. · 2021 · confidence medium
Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998) (citations and punctuation omitted).
discussed Cited as authority (rule) Jonathan Samuel Evans v. State (2×) also: Cited "see"
Ga. Ct. App. · 2020 · confidence medium
Again, however, an employer – government or otherwise – does not have the authority to forego prosecution. “[T]he first maxim of equity is that equity follows the law.” Dolinger v. Driver, 269 Ga. 141, 142 (4) ( 498 SE2d 252 ) (1998).
discussed Cited as authority (rule) Msm Poly, LLC v. Textile Rubber and Chemical Company, Inc. (2×) also: Cited "see"
Ga. Ct. App. · 2020 · confidence medium
(Citations and punctuation omitted.) Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998).
discussed Cited as authority (rule) Oni v. Oni. (2×)
Ga. Ct. App. · 2019 · confidence medium
Consequently, Ms. Oni's petition for custody of the twins as against Dr. Oni had no basis "within the parameters of the law." Dolinger , 269 Ga. at 143 (4), 498 S.E.2d 252 ; see In the Interest of A. C ., 283 Ga. App. 743 , 747 (2) (a), 642 S.E.2d 418 (2007) (explaining that after the biological mother executed surrenders to her children, she was no longer a party to proceedings involving the children); Brooks , 194 Ga. App. at 373 (2), 390 S.E.2d 859 (explaining that the third party who was not a relative of either parent did not, by virtue of having developed emotional ties with the child af…
cited Cited as authority (rule) Wallace v. Wallace
Ga. · 2017 · confidence medium
Moreover, “the first maxim of equity is that equity follows the law.” Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998).
cited Cited as authority (rule) WALLACE v. WALLACE
Ga. · 2017 · confidence medium
Moreover, “the first maxim of equity is that equity follows the law.” Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998).
cited Cited as authority (rule) Nieshe v. Concrete School Dist.
Wash. Ct. App. · 2005 · confidence medium
Dist., 720 F.Supp. 764, 774 (N.D.Cal.1989); Fowler v. Williamson, 448 F.Supp. 497, 502 (W.D.N.C.1978); Dolinger v. Driver, 269 Ga. 141 , 498 S.E.2d 252, 254 (1998); Mifflin County Sch.
cited Cited as authority (rule) Nieshe v. Concrete School District
Wash. Ct. App. · 2005 · confidence medium
Cal. 1989); Fowler v. Williamson, 448 F. Supp. 497, 502 (W.D.N.C. 1978); Dolinger v. Driver, 269 Ga. 141 , 498 S.E.2d 252, 254 (1998); Mifflin County Sch.
discussed Cited as authority (rule) Hughey v. Gwinnett County
Ga. · 2004 · confidence medium
Comm. v. Campaign for a Prosperous Ga., 229 Ga.App. 28, 29 (1), 492 S.E.2d 916 (1997). [4] Dolinger v. Driver, 269 Ga. 141, 142 (1), 498 S.E.2d 252 (1998). [5] Rogers v. State, 276 Ga. 67, 69-70 (3), 575 S.E.2d 879 (2003); Fairfax MK, Inc. v. City of Clarkston, 274 Ga. 520, 523 (4), 555 S.E.2d 722 (2001). [6] Ga. Comp.
discussed Cited as authority (rule) Union County v. CGP, INC.
Ga. · 2003 · confidence medium
Since “[a] document is to be construed by its substance or function . . . ,” (Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998)), we conclude this is an appeal from the grant of mandamus and jurisdiction over this appeal is properly before this Court. *351 2.
cited Cited as authority (rule) Giles v. State
Ga. Ct. App. · 2002 · confidence medium
A document is to be construed by its substance or function, rather than by its name. [Cits.]” Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998).
examined Cited as authority (rule) Mitchell v. Mitchell (3×) also: Cited "see, e.g."
Ga. · 2001 · confidence medium
Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998).
discussed Cited as authority (rule) Church of the Nativity, Inc. v. Whitener
Ga. Ct. App. · 2001 · confidence medium
Teachers’ Retirement System &c. v. Forehand, 234 Ga. App. 437, 438 ( 506 SE2d 913 ) (1998); Chambers v. Peach County, 268 Ga. 672, 673 (1) ( 492 SE2d 191 ) (1997). 2 The Church relies on Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998), in which our Supreme Court held that an order granting injunctive relief is directly appealable if it follows a lengthy adversary hearing and grants the plaintiff all the relief requested, even if the order is styled as a temporary restraining order.
discussed Cited as authority (rule) Glynn County Board of Tax Assessors v. Haller
Ga. · 2001 · confidence medium
All the Justices concur, except Carley, J, who concurs in Divisions 2, 3, and the judgment. 1 See Chilivis v. Backus, 236 Ga. 88, 89-90 ( 222 SE2d 371 ) (1976). 2 Beauchamp v. Knight, 261 Ga. 608, 609 ( 409 SE2d 208 ) (1991). 3 See Redfearn v. Huntcliff Homes Ass’n, 271 Ga. 745, 747-748 ( 524 SE2d 464 ) (1999). 4 See, e.g., Arnold v. Gwinnett County Bd. of Tax Assessors, 207 Ga. App. 759 ( 429 SE2d 146 ) (1993); cf. City of Atlanta v. North by Northwest Civic Ass’n, 262 Ga. 531 ( 422 SE2d 651 ) (1992) (jurisdiction based on unsettled constitutional claim). 5 See Little v. City of Lawrencev…
cited Cited as authority (rule) Hopkins v. Virginia Highland Associates, L.P.
Ga. Ct. App. · 2000 · confidence medium
(Citations and punctuation omitted.) Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998).
cited Cited as authority (rule) Vincent v. Longwater
Ga. Ct. App. · 2000 · confidence medium
OCGA § 23-1-6; Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998).
discussed Cited as authority (rule) Lee v. Green Land Co., Inc. (2×)
Ga. · 2000 · confidence medium
Dolinger v. Driver, 269 Ga. 141, 143 (4), 498 S.E.2d 252 (1998).
cited Cited as authority (rule) Ganny v. Ganny
Ga. Ct. App. · 1999 · confidence medium
A document is to be construed by its substance or function, rather than by its name. [Cits.]” Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998).
discussed Cited as authority (rule) Bruce v. Maxwell
Ga. · 1999 · signal: cf. · confidence medium
This is not a case in which there is “ ‘[intrinsically insufficient time to obtain judicial relief for a claim common to an existing class of sufferers.’ ” Collins v. Lombard Corp., 270 Ga. 120, 122 ( 508 SE2d 653 ) (1998); cf. Dolinger v. Driver, 269 Ga. 141, 142 (2) ( 498 SE2d 252 ) (1998).
cited Cited "see" Mary Harris v. City of South Fulton
Ga. Ct. App. · 2021 · signal: see · confidence high
See Dolinger v. Driver, 269 Ga. 141, 143 (4) (“Where rights are defined and established by existing legal principles, they may not be changed or unsettled in 13 equity.”) (punctuation omitted).
examined Cited "see" East Central Georgia Ems Council v. Gold Cross Ems, Inc. (3×)
Ga. Ct. App. · 2018 · signal: see · confidence high
See Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998).
examined Cited "see" Sunbelt Rentals, Inc. v. All-South Subcontractors, Inc. (3×)
Ga. Ct. App. · 2017 · signal: see · confidence high
See Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998).
examined Cited "see" TAYLOR INVESTMENT PARTNERS, II, LLC v. MOE’S FRANCHISOR LLC (3×)
Ga. Ct. App. · 2017 · signal: see · confidence high
See Dolinger v. Driver, 269 Ga. 141, 142 ( 498 SE2d 252 ) (1998).
discussed Cited "see, e.g." ELIZABETH K. GLASS, AS NEXT FRIEND OF ASHLEY GLASS v. PHILLIP D. FAIRCLOTH (2×)
Ga. Ct. App. · 2022 · signal: see also · confidence medium
See also Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998) (“[A]lthough the injunction in this case [was] denominated as a TRO, there is no magic in nomenclature.
discussed Cited "see, e.g." Manuel Lozano v. the Bank of New York Mellon (2×)
Ga. Ct. App. · 2018 · signal: see also · confidence medium
See also Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998).
discussed Cited "see, e.g." Morgan v. U. S. Bank National Ass'n (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
Hills Exchange v. Thompson, 319 Ga. App. 777 -778 ( 736 SE2d 480 ) (2013) (trial court’s order extending temporary restraining order in effect granted directly appealable preliminary injunction); see also Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998) (order granting temporary restraining order is directly appealable where it is entered after a lengthy adversary hearing and effectively grants the plaintiff all of the relief sought).
discussed Cited "see, e.g." Francis J. Morgan v. U. S. Bank National Association (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
Hills Exchange v. Thompson, 319 Ga. App. 777 -778 ( 736 SE2d 480 ) (2013) (trial court’s order extending temporary restraining order in effect granted directly appealable preliminary injunction); see also Dolinger v. Driver, 269 Ga. 141, 142 (1) ( 498 SE2d 252 ) (1998) (order granting temporary restraining order is directly appealable where it is entered after a lengthy adversary hearing and effectively grants the plaintiff all of the relief sought).
examined Cited "see, e.g." Harmon v. INNOMED TECHNOLOGIES, INC. (4×)
Ga. Ct. App. · 2011 · signal: see also · confidence medium
See also Dolinger v. Driver, 269 Ga. 141, 143 (4) ( 498 SE2d 252 ) (1998); OCGA § 23-1-6.
discussed Cited "see, e.g." Lovell v. Osteomedics, Inc. (2×)
Ga. · 2000 · signal: compare · confidence low
Compare Brown v. Spann, supra, with Dolinger v. Driver, 269 Ga. 141 ( 498 SE2d 252 ) (1998).
DOLINGER Et Al.
v.
DRIVER Et Al.
S98A0168.
Supreme Court of Georgia.
Feb 23, 1998.
498 S.E.2d 252
Sutherland, Asbill & Brennan, Judith A. O’Brien, Bradley E. Heard, for appellants., Thurbert E. Baker, Attorney General, Kathryn L. Allen, Senior Assistant Attorney General, Albert A. Mitchell, Sonya Bailey, Derek M. Alphran, for appellees.
Thompson.
Cited by 45 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 62%
Citer courts: S.D. Texas (1)
Thompson, Justice.

The issue for decision in this case is whether high school students who lack the required course credits to graduate can resort to a court of equity and obtain an injunction that would allow the students to march in a graduation ceremony. The answer is “no.”

Two and a half weeks prior to their graduation from high school, a number of Fulton County students were notified that discrepancies had been found in the computer records which tracked their course[*142] work, grades and credits. Following an investigation, school officials informed the students that they did not qualify for a high school diploma and would not be allowed to participate in the graduation ceremony.

Less than 48 hours before the scheduled graduation ceremony, five students brought suit against the school board and school officials, seeking an order requiring the school board to let them participate in the commencement exercises. A six-hour hearing was held on the eve of the scheduled graduation. At the conclusion of the hearing, the superior court determined that the students had no constitutional right to participate in a graduation ceremony. Nevertheless, even though the students lacked the required course credits to graduate, the court entered a temporary restraining order enabling four of the students to participate in the graduation ceremony.

Defendants brought this appeal. In the meantime, the four students participated in the graduation ceremony.

1. A temporary restraining order is not directly appealable. OCGA § 5-6-35 (a) (9). Although the injunction in this case is denominated as a TRO, there is no magic in nomenclature. A document is to be construed by its substance or function, rather than by its name. Martin v. Williams, 263 Ga. 707, 708 (1) (438 SE2d 353) (1994); Frost v. Frost, 235 Ga. 672, 673 (1) (221 SE2d 567) (1975). Thus, where a TRO is entered after a lengthy adversary hearing and effectively grants the plaintiff all of the relief he or she sought, it is directly appealable. Commonwealth of Virginia v. Tenneco, Inc., 538 F2d 1026, 1029-1030 (4th Cir. 1976). See also Coalition for Basic Human Needs v. King, 654 F2d 838 (1st Cir. 1981) (TRO is appealable if in reality it operates as preliminary injunction).

The TRO in this case was entered after a six-hour evidentiary hearing at which both sides were present. Moreover, it did not merely preserve the status quo pending further proceedings; it directed action which gave plaintiffs all of the relief they sought. It follows that the TRO was directly appealable and that we have appellate jurisdiction. See Geld-Halden Indus. v. Parr, 237 Ga. 773, 774 (229 SE2d 620) (1976).

2. This appeal is not moot simply because the students participated in the graduation ceremony. The issues in this appeal are of public importance and they are capable of repetition, yet evade judicial review. See Payne v. Chatman, 267 Ga. 873, 876 (485 SE2d 723) (1997); Chastain v. Baker, 255 Ga. 432 (339 SE2d 241) (1986). As a practical matter, cases of this type invariably will be brought at the eleventh hour when immediate appellate review will be impossible.

3. The students did not assert that they were being deprived of a diploma they had earned. They only sought the right to march with their classmates in the graduation ceremony. However, students[*143] have no right to participate in a graduation ceremony. Williams v. Austin Independent School Dist., 796 FSupp. 251, 255 (W.D. Tex. 1992) (although students have property interest in high school diploma, there is no accompanying right to receive the diploma at a graduation ceremony); Swany v. San Ramon Valley Unified School Dist., 720 FSupp. 764, 773-774 (N.D. Cal. 1989) (student has no property interest in graduation ceremony even if he met all graduation requirements); Fowler v. Williamson, 448 FSupp. 497, 502 (W.D. NC 1978) (graduation ceremony is not a property right). See also Smith v. North Babylon Union Free School Dist., 844 F2d 90, 94 (2nd Cir. 1988) (graduation exercises are mere social occasions and are not protected by free exercise clause). It follows that the students have no legally viable due process claim.

Decided February 23, 1998. Sutherland, Asbill & Brennan, Judith A. O’Brien, Bradley E. Heard, for appellants. Thurbert E. Baker, Attorney General, Kathryn L. Allen, Senior Assistant Attorney General, Albert A. Mitchell, Sonya Bailey, Derek M. Alphran, for appellees.

4. At the conclusion of the hearing, the superior court acknowledged that the students had no legal right to participate in the high school graduation ceremony. Nevertheless, the court entered an injunction, declaring that it had equitable power to “do the right thing.” In so doing, the court erred because the first maxim of equity is that equity follows the law. Lewis v. Bd. of Ed. of Lowndes County, 183 Ga. 687, 690 (189 SE 233) (1936). Thus, a court of equity has no more right than a court of law to act on its own notion of what is right in a particular case. “Where rights are defined and established by existing legal principles, they may not be changed or unsettled in equity.” 27A AmJur2d 595, Equity, § 109 (1996). Although equity does seek to do complete justice, OCGA § 23-1-7, it must do so within the parameters of the law.

Judgment reversed.

All the Justices concur.