Hassell v. Citizens c. Nat. Bank

2 Citing cases

  1. Delbello v. Bilyeu

    274 Ga. 776 (Ga. 2002)   Cited 12 times

    The application of OCGA § 9-4-4 is clearly authorized. Hassell v. Citizens Southern Nat'l Bank, 240 Ga. 285 (2) ( 240 S.E.2d 35) (1977); Stephens, supra. Compare Taylor, supra (OCGA § 9-4-4 inapplicable where issues raised go only to venue and the issuance and revocation of letters of administration). Judgment affirmed. All the Justices concur.

  2. Crowell v. City of Eastman

    182 Ga. App. 489 (Ga. Ct. App. 1987)   Cited 2 times
    In Crowell v. City of Eastman, 182 Ga. App. 489 (356 S.E.2d 104) (1987), holding that this was not a proper case for declaratory judgment, this court reversed the judgment entered in favor of appellees.

    Also, the fact that the city manager had already discharged the police chief did not render the matter moot, because the reviewability of this discharge, and the law to be applied if review was required, were very much at issue since the process had not been completed. A declaratory judgment action requires a justiciable controversy between adverse parties. Hassell v. C S Nat. Bank, 240 Ga. 285, 286 (2) ( 240 S.E.2d 35) (1977); OCGA § 9-4-2. "'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. The controversy must be such that it will be resolved immediately and definitely by the judicial declaration.