Strickland v. Adams, 28247
| Decision Date | 18 February 1974 |
| Docket Number | No. 28247,28247 |
| Citation | 231 Ga. 729,204 S.E.2d 294 |
| Parties | A. C. STRICKLAND et al. v. Thomas ADAMS et al. |
| Court | Georgia Supreme Court |
Lee & Clark, Griffin B. Bell, Jr., Savannah, for appellants.
Hamilton Lokey, Atlanta, Alton D. Kitchings, Edward T. Brennan, Donald E. Austin, John B. Miller, Savannah, Melvin M. Belli, San Francisco, Cal., for appellees.
Syllabus Opinion by the Court
The appellants here brought an action below to enjoin the appellees from conducting a corporate stockholders meeting for the purpose of electing directors of the corporation. The trial court entered an ex parte temporary restraining order, later conducted a hearing, and then entered a judgment dissolving the restraining order and dismissing the complaint for failure to state a claim. This appeal is from that judgment.
The appellees have moved in this court to dismiss the appeal as being moot, because following the dissolution of the temporary restraining order the meeting which the complaint had sought to enjoin was duly held.
It is clear from this record that the only thing to prevent the holding of the meeting would be a restraining order or injunction issued by a court. Without such a prohibitory order by a court, the appellees were at liberty to conduct the meeting. After a hearing the trial court declined to grant such an order, the result being that the appellees were free to conduct the meeting which was held.
Code Ann. § 81A-162(a) provides in part as follows:
Code Ann. § 81A-162(c) provides as follows: 'When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.'
Following the trial court's judgment in this case dissolving the temporary restraining order and dismissing the complaint no action was taken on behalf of the appellants in accordance with...
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