Brown v. Auchmuty

Full title: BROWN et al. v. AUCHMUTY

Court: Supreme Court of Georgia

Date published: Oct 1, 1974

209 S.E.2d 209 (Ga. 1974)

209 S.E.2d 209

Opinion

29144.

ARGUED SEPTEMBER 13, 1974.

DECIDED OCTOBER 1, 1974.

Appellate procedure. Gwinnett Superior Court. Before Judge Pittard.

Richardson, Chenggis Constantinides, Platon P. Constantinides, for appellants.

McLarty Aiken, Paul M. McLarty, for appellee.

HALL, Justice.

Plaintiffs appeal from the denial of a temporary injunction. The petition sought to temporarily and permanently enjoin the defendant from placing a frame dwelling upon a lot in the Norcross Hills Subdivision owned by the defendant. The plaintiffs are homeowners in the subdivision and allege that the frame dwelling about to be moved onto the lot is in violation of certain restrictive covenants. The trial court granted the temporary restraining order and after a hearing vacated the same and denied the temporary injunction. The appellant did not secure an order of supersedeas as required by Code Ann. § 81A-162. The appellee moves to dismiss the appeal on the ground that the questions presented in this appeal are moot for the reason that the house is now in place upon the lot.

The motion is granted. Lott v. Foskey, 230 Ga. 134 ( 196 S.E.2d 141); Davis v. Creative Land Development Corp., 230 Ga. 47 ( 195 S.E.2d 411).

Appeal dismissed. All the Justices concur.

HALL, Justice.

ARGUED SEPTEMBER 13, 1974 — DECIDED OCTOBER 1, 1974.