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Mosley v. H.P.S.C

Supreme Court of Georgia
Nov 25, 1996
477 S.E.2d 837 (Ga. 1996)

Summary

vacating denial of permanent injunction at interlocutory hearing where neither parties nor court mentioned consolidation

Summary of this case from McHugh Fuller Law Group, PLLC v. Pruitthealth-Toccoa, LLC

Opinion

S96A1829.

DECIDED NOVEMBER 25, 1996.

Equity. DeKalb County Superior. Before Judge Shulman, Senior Appellate Court Judge.

Emerson Carey Jr., for appellants.

Richard F. Evins, Camp Weideman, Daniel L. Camp, for appellee.


Dr. Nicholas Mosley entered into two agreements for the lease of dental equipment from H.P.S.C., Inc. (HPSC). The agreements contained an option to purchase the equipment upon expiration of the leases. After the leases expired, Dr. Mosley did not exercise the options to purchase, but he retained possession of the equipment. HPSC brought suit in state court, seeking to recover unpaid rent for the equipment and an "unbilled purchase option." The state court found that Dr. Mosley was liable for the unpaid rent, but not for the "unbilled purchase option."

Subsequently, Dr. Mosley sought injunctive relief, seeking to prevent HPSC's threatened repossession of the equipment. The trial court denied both interlocutory and permanent injunctive relief, finding that the evidence presented was unclear and that Dr. Mosley failed to prove his case. He appeals.

1. Dr. Mosley contends that, because the state court ruled on both the rent for and the ownership of the equipment, the principle of res judicata forecloses HPSC from relitigating those issues.

With regard to the options to purchase, the state court ruled that, because Dr. Mosley "offered to return the equipment during the pendency of the lease and [HPSC] never demanded return of the equipment at the conclusion of the lease, [HPSC] may not recover these sums." Thus, the state court merely held that HPSC could not recover the amount of the purchase option because Dr. Mosley, who still had possession of the equipment, had not yet exercised the purchase option and HPSC, which still had ownership of the equipment, had not yet demanded its return. The state court did not hold that Dr. Mosley could no longer exercise the purchase option or that HPSC could no longer demand return of the equipment. Therefore, the state court did not settle the question of which party would own the equipment after either or both took steps to assert ownership and possession thereof. See Barkley-Cupit Enterprises, Inc. v. Equitable Life Assurance Society of the U.S., 157 Ga. App. 138, 140 (1) ( 276 S.E.2d 650) (1981). Compare Willis v. Rauton, 168 Ga. App. 767, 770 (2) ( 310 S.E.2d 729) (1983). Even though the state court settled most issues arising from the leases, it did not settle all issues concerning the option to purchase the equipment. Rose v. Chandler, 247 Ga. 382, 383 (2) ( 279 S.E.2d 423) (1981). Thus, HPSC is not barred by res judicata either from repossessing the equipment or, if Dr. Mosley wants to own the equipment, from demanding payment in addition to the rent previously awarded by the state court.

2. Dr. Mosley also contends that the trial court erroneously ruled on his motion for permanent injunction, since there was no agreement by the parties to consolidate the trial on the merits with the hearing on the motion for interlocutory injunction.

The trial court never ordered a consolidated hearing pursuant to OCGA § 9-11-65 (a) (2). At the interlocutory hearing, neither the parties nor the trial court agreed upon, or even mentioned, consolidation. However, the trial court specifically denied Dr. Mosley's motion for permanent injunction. This denial of permanent injunctive relief was premature and, thus, erroneous, as HPSC itself concedes. Brevard Fed. Sav. Loan Assn. v. Ford Mtn. Investments, 261 Ga. 619, 620 (1) ( 409 S.E.2d 36) (1991); Fayette County v. Seagraves, 245 Ga. 196, 198 (2) ( 264 S.E.2d 13) (1980). Compare Georgia Kraft Co. v. Rhodes, 257 Ga. 469, 471 (1) ( 360 S.E.2d 595) (1987). HPSC urges that this error is harmless. However, the premature entry of final judgment cannot be harmless when, as here, it deprives the losing party of the right to a trial on the merits. See Pyramid Constr. Co., Inc. v. Star Mfg. Co., 195 Ga. App. 644, 645 ( 394 S.E.2d 598) (1990).

Accordingly, although the trial court did not err in denying interlocutory relief, the denial of Dr. Mosley's motion for permanent injunction must be vacated. Brevard Fed. Sav. Loan Assn. v. Ford Mtn. Investments, supra; Fayette County v. Seagraves, supra. Judgment affirmed in part and vacated in part. All the Justices concur.


DECIDED NOVEMBER 25, 1996.


Summaries of

Mosley v. H.P.S.C

Supreme Court of Georgia
Nov 25, 1996
477 S.E.2d 837 (Ga. 1996)

vacating denial of permanent injunction at interlocutory hearing where neither parties nor court mentioned consolidation

Summary of this case from McHugh Fuller Law Group, PLLC v. Pruitthealth-Toccoa, LLC
Case details for

Mosley v. H.P.S.C

Case Details

Full title:MOSLEY ET AL. v. H.P.S.C., INC

Court:Supreme Court of Georgia

Date published: Nov 25, 1996

Citations

477 S.E.2d 837 (Ga. 1996)
477 S.E.2d 837

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