Summary
In Akins v. Tucker, 231 Ga. 646 (203 S.E.2d 532), that court held the restraining order had expired by operation of law, and the only issue left was a boundary line dispute.
Summary of this case from Akins v. TuckerOpinion
28531.
SUBMITTED DECEMBER 26, 1973.
DECIDED JANUARY 28, 1974.
Land line dispute. Douglas Superior Court. Before Judge Winn.
Alton T. Milam, for appellant.
J. Clifford Johnson, Robert James, Harold Lane, for appellee.
This is a boundary line dispute. It was transferred to this court by the Court of Appeals because the complaint involved a temporary and permanent injunction.
The record shows that a temporary restraining order was entered against the defendant on December 8, 1970, until further order of the court. Before the date set for hearing on the restraining order, the parties consented to a restraining order against each of them which was subsequently entered by the trial court until further order of the court. During the trial by jury, the court directed a verdict in favor of the complainant on the issue of the boundary line only. Neither the verdict nor the judgment granted any equitable relief. In his enumeration of errors, the defendant appellant contends that the trial court erred in granting the restraining order of December 8, 1970. None of the other enumerations of error raise any equitable grounds for relief. Held:
The restraining order of December 8, 1970, expired by operation of law under Ga. L. 1966, pp. 609, 665; 1967, pp. 226, 240; 1972, pp. 689, 698 (Code Ann. § 81A-165 (b)) and since neither the verdict of the jury nor the judgment of the trial court granted any equitable relief, this appeal involves only a boundary line dispute which must be transferred to the Court of Appeals. Taylor v. Murray, 215 Ga. 628 ( 112 S.E.2d 583); Gilbert Hotel No. 22 v. Black, 192 Ga. 641 ( 16 S.E.2d 435).
Transferred to the Court of Appeals. All the Justices concur.