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Call Now: 904-383-7448A perpetual injunction shall be granted only after hearing and upon a final decree.
(Orig. Code 1863, § 3146; Code 1868, § 3158; Code 1873, § 3225; Code 1882, § 3225; Civil Code 1895, § 4923; Civil Code 1910, § 5500; Code 1933, § 55-111.)
Injunction should not be made permanent on interlocutory hearing. Leggett v. Alazos, 209 Ga. 477, 74 S.E.2d 69 (1953).
On hearing of application for temporary injunction judge should not grant permanent one, but only one of an ad interim character, to remain of force until the final trial. Pig'n Whistle Sandwich Shops, Inc. v. Keith, 167 Ga. 735, 146 S.E. 455 (1929).
- An order making a temporary restraining order permanent, issued by a court having jurisdiction of the person and subject matter, and in a proper proceeding therefore was not void, though erroneously entered on an interlocutory hearing, where it could have been modified so as to be operative only until final trial or further order. Leggett v. Alazos, 209 Ga. 477, 74 S.E.2d 69 (1953).
Cited in Grizzel v. Grizzel, 188 Ga. 418, 3 S.E.2d 649 (1939); Bishop v. Patton, 288 Ga. 600, 706 S.E.2d 634 (2011).
- 42 Am. Jur. 2d, Injunctions, §§ 264, 265, 292 et seq.
- 43A C.J.S., Injunctions, §§ 11, 393 et seq.
- Power to modify permanent injunction, 68 A.L.R. 1180; 136 A.L.R. 765.
Propriety of permanently enjoining one guilty of unauthorized use of trade secret from engaging in sale or manufacture of device in question, 38 A.L.R.3d 572.
Total Results: 4
Court: Supreme Court of Georgia | Date Filed: 2011-02-28
Citation: 706 S.E.2d 634, 288 Ga. 600, 2011 Fulton County D. Rep. 419, 2011 Ga. LEXIS 151
Snippet: can be entered only "upon a final decree." OCGA § 9-5-10. An interlocutory injunction, by contrast, is a
Court: Supreme Court of Georgia | Date Filed: 2004-03-22
Citation: 594 S.E.2d 359, 277 Ga. 683, 2004 Fulton County D. Rep. 997, 2004 Ga. LEXIS 259
Snippet: injunctions are referred to as “perpetual” in OCGA § 9-5-10, trial judges in Georgia, like the trial court
Court: Supreme Court of Georgia | Date Filed: 2002-11-12
Citation: 572 S.E.2d 572, 275 Ga. 819, 2002 Fulton County D. Rep. 3311, 2002 Ga. LEXIS 1006
Snippet: Georgia Code of Professional Responsibility EC 5-9, 5-10, DR 5-102, superseded by Georgia Rule of Professional
Court: Supreme Court of Georgia | Date Filed: 1987-09-09
Citation: 359 S.E.2d 904, 257 Ga. 403, 1987 Ga. LEXIS 844
Snippet: which is at the heart of this case brings EC 5-9, 5-10, and DR 5-102 of the State Bar Rules into play