Hatfield v. Great American Management and Inv., Inc., s. 46201
| Decision Date | 08 November 1988 |
| Docket Number | 46202,Nos. 46201,s. 46201 |
| Citation | 258 Ga. 640,373 S.E.2d 367 |
| Parties | HATFIELD v. GREAT AMERICAN MANAGEMENT AND INVESTMENT, INC., et al. GREAT AMERICAN MANAGEMENT AND INVESTMENT, INC., et al. v. HATFIELD. |
| Court | Georgia Supreme Court |
David A. Webster, William E. Sumner, Sumner & Hewes, Atlanta, for John L. Hatfield.
Jesse H. Austin III, Jeffrey D. Paquin, Powell, Goldstein, Frazer & Murphy, Atlanta, for Great American Management and Inv., Inc., et al.
Margaret L. Dudney, Debra Schwartz, amici curiae.
Any basis for this Court's jurisdiction of these appeals could only come about if the injunctive relief sought at the trial court level becomes an issue on appeal. However, the issue in this appeal in no way deals with injunctions or equity.
The issue on appeal in case number 46202 is whether the trial court erred in dismissing Hatfield's original notice of appeal. The issue on appeal in case number 46201 is whether the trial court erred in refusing to dismiss Hatfield's second notice of appeal which sought to appeal the dismissal of the original notice of appeal.
Only if the court's dismissal of the notice of appeal in case number 46202 is overturned or its refusal to dismiss the notice of appeal in case number 46201 is upheld could any questions dealing with injunctive relief be brought to an appellate court.
It is not what is in the complaint before the trial court that determines this Court's jurisdiction, but the issues on appeal.
Consequently, these cases are transferred to the Court of Appeals because there are no issues in either appeal that vest jurisdiction in this Court.
Case transferred.
All the Justices concur, except BELL J., who dissents.
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...it had recently made in a case involving this Court's appellate jurisdiction over equity cases. See Hatfield v. Great American Mgmt. & Investment, 258 Ga. 640, 373 S.E.2d 367 (1988). The holding in Smith v. Hobbs lay dormant for nearly 22 years until its resurrection by the majority. In tha......
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Propst v. Morgan.
...it was unnecessary to resolve the enumerations of error regarding the merits of the case); Hatfield v. Great American Management & Investment, 258 Ga. 640, 640, 373 S.E.2d 367 (1988) (stating that “only if the [trial] court's dismissal of the notice of appeal” was overturned could any quest......
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Stevens v. Myers, 77647
...that determines [the Supreme] Court's jurisdiction, but the issues on appeal." (Emphasis in original.) Hatfield v. Great American, etc., Investment, 258 Ga. 640, 373 S.E.2d 367 (1988). Accordingly, it is this court which has jurisdiction to entertain this Appellee urges that this appeal sho......
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Hatfield v. Great American Management & Inv., Inc.
...before the trial court that determines [the Supreme] Court's jurisdiction, but the issues on appeal." Hatfield v. Great American Management, etc., 258 Ga. 640, 373 S.E.2d 367. 2. " 'The provision (of OCGA § 5-6-48(c)) authorizing the trial court to dismiss an appeal specifies that two eleme......