Baranan v. Georgia State Bd. of Nursing Home Administrators, 32181
| Decision Date | 25 May 1977 |
| Docket Number | No. 32181,32181 |
| Citation | 239 Ga. 122,236 S.E.2d 71 |
| Parties | Aaron BARANAN v. GEORGIA STATE BOARD OF NURSING HOME ADMINISTRATORS et al. |
| Court | Georgia Supreme Court |
Thomas H. Antonion, Atlanta, for appellant.
Aaron Baranan, pro se.
Arthur K. Bolton, Atty. Gen., J. Michael Walls, Asst. Atty. Gen., Atlanta, for appellees.
Appellant filed a suit for declaratory judgment against the Georgia State Board of Nursing Home Administrators and James C. Metts, individually and as Chairman of the Board. The petition seeks to declare that certain portions of Chapter 393-5, amended of the Rules of the Georgia State Board of Nursing Home Administrators are unconstitutional and void. Based upon such a declaration, he also seeks a permanent injunction. The trial court found the Rules to be constitutional, granted the defendants' motions for summary judgment, and denied appellant's motion for summary judgment. This order is appealed.
The only substantive issue on appeal relates to the constitutionality of the above rules; therefore, the appeal is transferred to the Court of Appeals. The issue of any permanent injunction is ancillary to the declaratory relief, i. e., if the declaration is for the plaintiff, the injunction will issue, if it is against the plaintiff, it will be denied. It is clear therefore that the injunction issue is one of mere form and that the substantive question on appeal is a legal question over which the Court of Appeals has appellate jurisdiction.
Transferred to the Court of Appeals.
All the Justices concur, except JORDAN, J., who dissents.
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...ancillary to the other relief sought and will not, in itself, vest jurisdiction in this court. See Baranan v. Ga. State Bd. of Nursing Home Administrators, 239 Ga. 122, 236 S.E.2d 71 (1977). Accordingly, this appeal is transferred to the Court of Transferred to the Court of Appeals. All the......
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