Bd. of Trustees, Etc. v. Kenworthy

15 Citing cases

  1. Bowers v. Bd. of Regents

    259 Ga. 221 (Ga. 1989)   Cited 15 times

    An advisory opinion on our part concerning the Attorney General's standing to sue an executive agency of the state would be meaningless as respects the controversy over which this action was brought. See Bd. of Trustees v. Kenworthy, 253 Ga. 554, 557 ( 322 S.E.2d 720) (1984); Chastain v. Baker, 255 Ga. 432 ( 339 S.E.2d 241) (1986). A narrow exception to the actual controversy rule is that the question is "capable of repetition, yet evading review."

  2. Perdue v. Baker

    276 Ga. 822 (Ga. 2003)   Cited 3 times

    Cf. Bd. of Trustees of Employees Retirement System. v. Kenworthy, 253 Ga. 554, ( 322 S.E.2d 720) (1984) (Bullard, Judge, concurring) (judicial economy does not compel or justify a substantive determination at the expense of due process). Or perhaps the majority seeks to keep this appeal to enact some unstated "public policy" exception to the mootness doctrine.

  3. Cheeks v. Miller

    262 Ga. 687 (Ga. 1993)   Cited 24 times
    In Cheeks v. Miller, 262 Ga. 687, 425 S.E.2d 278, 279 (Ga. 1993), the Georgia Supreme Court likened the requirement to the federal doctrine of ripeness.

    Bowers v. Bd. of Regents, 259 Ga. 221 ( 378 S.E.2d 460) (1989). A controversy is justiciable when it is definite and concrete, rather than being hypothetical, abstract, academic, or moot. Board of Trustees v. Kenworthy, 253 Ga. 554, 557 ( 322 S.E.2d 720) (1984). Similarly, federal courts employ the doctrine of "ripeness" under the Article III requirement of a "case or controversy."

  4. Pangle v. Gossett

    261 Ga. 307 (Ga. 1991)   Cited 7 times
    In Pangle v. Gossett, 261 Ga. 307, 308 (404 S.E.2d 561) (1991), the Supreme Court notes that subsection (b) of the Georgia Declaratory Judgment Act creates broader and more comprehensive jurisdiction over justiciable controversies than the declaratory judgment acts of some other states.

    Pilgrim v. First Nat. Bank, supra. See also Bd. of Trustees, etc. v. Kenworthy, 253 Ga. 554 ( 322 S.E.2d 720) (1984). In fact, the argument portion of the brief filed by appellees with this court consisted of a request that appellees be allowed to adopt the arguments made by appellants.

  5. Mountain Orthopedics v. Williams

    284 Ga. App. 885 (Ga. Ct. App. 2007)   Cited 2 times

    Bowers v. Bd. of Regents, 259 Ga. 221 ( 378 SE2d 460) (1989). A controversy is justiciable when it is definite and concrete, rather than being hypothetical, abstract, academic, or moot. Board of Trustees v. Kenworthy, 253 Ga. 554, 557 ( 322 SE2d 720) (1984).Cheeks v. Miller, 262 Ga. 687, 688 ( 425 SE2d 278) (1993).

  6. Burton v. Composite St. Bd. of Medical Examiners

    245 Ga. App. 587 (Ga. Ct. App. 2000)   Cited 7 times

    O.C.G.A. § 9-4-2 (a); Baker v. City of Marietta, 271 Ga. 210, 213 (1) ( 518 S.E.2d 879) (1999).Bd. of Trustees etc. v. Kenworthy, 253 Ga. 554, 557 ( 322 S.E.2d 720) (1984). [f]or a controversy to justify the making of a declaration, it must include a right claimed by one party and denied by the other, and not merely a question as to the abstract meaning or validity of a statute.

  7. Sosebee v. McCrimmon

    492 S.E.2d 584 (Ga. Ct. App. 1997)   Cited 17 times
    In Sosebee, the contract expressly mentions one specific situation, while the case involves a wholly different situation about which the contract is silent.

    Thus, there exists no reviewable ruling on the motion for sanctions, and we will not render an advisory opinion thereon. See Bd. of Trustees c. of Ga. v. Kenworthy, 253 Ga. 554, 557 ( 322 S.E.2d 720). Judgment reversed and remanded with direction. Ruffin and Eldridge, JJ., concur.

  8. Carlock v. Kmart

    227 Ga. App. 356 (Ga. Ct. App. 1997)   Cited 27 times
    Explaining that a moot issue is one in which a ruling is sought on a matter that has no practical effect on the alleged controversy or in which the issues have ceased to exist

    (a) We note that, contrary to Carlock's contention, this issue was not rendered moot by the grant of summary judgment to Cub Foods. "`A controversy is justiciable when it is appropriate for judicial determination. It must be definite and concrete, touching the legal relations of parties having adverse legal interests, rather than being hypothetical, abstract, academic or moot.'" Bd. of Trustees c. v. Kenworthy, 253 Ga. 554, 557 ( 322 S.E.2d 720) (1984). A motion is moot "when a determination is sought on a matter which, when rendered, cannot have any practical effect on the existing controversy."

  9. In the Interest of I. B

    219 Ga. App. 268 (Ga. Ct. App. 1995)   Cited 21 times
    Noting that "[t]hroughout Article VI of the Georgia Constitution, jurisdictional authority is given over ‘cases’ " and " ‘[c]ases’ are live disputes, actual controversies" (footnotes omitted)

    A controversy is justiciable when it is definite and concrete, rather than being hypothetical, abstract, academic, or moot. Board of Trustees v. Kenworthy, 253 Ga. 554, 557 ( 322 S.E.2d 720) (1984). Similarly, federal courts employ the doctrine of 'ripeness' under the Article III requirement of a 'case or controversy.'

  10. Atlanta Gas Light Co. v. Ga. Public Svc. Comm

    212 Ga. App. 575 (Ga. Ct. App. 1994)   Cited 15 times

    The Company is in essence seeking an advisory opinion construing the scope of and timing for, evidence in a proceeding under OCGA §§ 46-2-26.4 and 46-2-25 (b), for future rate cases. We treat such as did the Supreme Court in Bd. of Trustees c. v. Kenworthy, 253 Ga. 554, 557 ( 322 S.E.2d 720) (1984): "This court has in the past generally refused to issue advisory opinions. [Cits.] . . .