O.C.G.A.

O.C.G.A. § 9-5-10 (2019)

Perpetual injunction after hearing

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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A perpetual injunction shall be granted only after hearing and upon a final decree.

History

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.

Annotations

JUDICIAL DECISIONS Injunction should not be made permanent on interlocutory hearing. Leggett v. Alazos, 209 Ga. 477, 74 S.E.2d 69, 1953 Ga. LEXIS 290 (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 Ga. LEXIS 31 (1929). Order granting permanent injunction on interlocutory hearing not void where modifiable. - 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 Ga. LEXIS 290 (1953).

RESEARCH REFERENCES Am. Jur. 2d. 42 Am. Jur. 2d, Injunctions, §§ 264, 265, 292 et seq. C.J.S. 43A C.J.S., Injunctions, §§ 11, 393 et seq. ALR. 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.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2004–2021 · leading case: Turner v. Flournoy, 594 S.E.2d 359 (Ga. 2004).

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Turner v. Flournoy, 594 S.E.2d 359 (Ga. 2004). · cites it 4× “Because permanent injunctions are referred to as "perpetual" in OCGA § 9-5-10, trial judges in Georgia, like the trial court here, have on occasion referred to interlocutory injunctions as "permanent.”

Bishop v. Patton, 706 S.E.2d 634 (Ga. 2011). · cites it 2× “” OCGA § 9-5-10. An interlocutory injunction, by contrast, is a temporary remedy designed to preserve or restore the status quo and keep the parties from injuring one another until the court has had a chance to try the case.”

Sherri J. Nance v. Houston Cnty. Sch. Dist. (Ga. Ct. App. 2021). · cites it 2× “See OCGA § 9-5-10 (“A perpetual injunction shall be granted only after hearing and upon a final decree.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.