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2018 Georgia Code 9-5-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-5-10 Case Law from Google Scholar Amendments to OCGA 9-5-10

TITLE 9 CIVIL PRACTICE

Section 5. Injunctions, 9-5-1 through 9-5-11.

ARTICLE 6 REVIVAL

9-5-10. Perpetual injunction after hearing.

A 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.)

JUDICIAL DECISIONS

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).

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).

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).

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.

Cases Citing O.C.G.A. § 9-5-10

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Cherry v. Coast House, Ltd., 359 S.E.2d 904 (Ga. 1987).

Cited 49 times | Published | Supreme Court of Georgia | Sep 9, 1987 | 257 Ga. 403

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Bishop v. Patton, 706 S.E.2d 634 (Ga. 2011).

Cited 26 times | Published | Supreme Court of Georgia | Feb 28, 2011 | 288 Ga. 600, 2011 Fulton County D. Rep. 419

...nd the house. (a) Interlocutory Injunctions: There are two types of injunctions, perpetual (permanent) and interlocutory. See generally OCGA §§ 9-5-1 to 9-5-11, 9-11-65(a). [3] A permanent injunction can be entered only "upon a final decree." OCGA § 9-5-10....
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Turner v. Flournoy, 594 S.E.2d 359 (Ga. 2004).

Cited 18 times | Published | Supreme Court of Georgia | Mar 22, 2004 | 277 Ga. 683, 2004 Fulton County D. Rep. 997

...oper, that construction will, if reasonably possible, be given it that would render it legal.' [Cit.]" Clark v. Bd. of Dental Examiners, 240 Ga. 289, 294(5), 240 S.E.2d 250 (1977). 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." McMillan v....
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Ballard v. Meyers, 572 S.E.2d 572 (Ga. 2002).

Cited 9 times | Published | Supreme Court of Georgia | Nov 12, 2002 | 275 Ga. 819, 2002 Fulton County D. Rep. 3311