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Trainer v. City of Covington

111 Ga. App. 425 (Ga. Ct. App. 1965)
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Trainer v. City of Covington

4 Citing cases

  1. Saxton v. Coastal Dialysis & Medical Clinic, Inc.

    267 Ga. 177 (Ga. 1996)   Cited 69 times
    Explaining that the case was "not an ‘equity’ case" for purposes of determining general appellate jurisdiction, because the grant of equitable relief in the form of an injunction "was merely ancillary to the underlying legal issue of whether the trial court properly construed [the appellant]’s non-competition covenant"

    This constitutional responsibility is an important one, the exercise of which we do not undertake lightly, as it results in a binding and conclusive determination of the jurisdiction of the Court of Appeals. See, e.g., Paul Robinson, Inc. v. Haege, 218 Ga. App. 578, 579 ( 462 S.E.2d 396) (1995); Rewis v. Browning, 153 Ga. App. 352 (1) ( 265 S.E.2d 316) (1980); Hinton v. Ga. Power Co., 126 Ga. App. 416 (1) ( 190 S.E.2d 811) (1972); Woods v. State, 117 Ga. App. 546 ( 160 S.E.2d 922) (1968); Trainer v. City of Covington, 111 Ga. App. 425-426 ( 142 S.E.2d 75) (1965). Included among those cases over which the constitution grants this court general appellate jurisdiction are "[a]ll equity cases."

  2. Baron v. State Farm c. Ins. Co.

    157 Ga. App. 16 (Ga. Ct. App. 1981)   Cited 15 times

    However, when the Barons filed their counterclaim for recovery of the expenses which were the basis of State Farm's petition, they effectively turned the controversy from one in which State Farm was seeking declaratory relief into one in which they were seeking affirmative relief. The entire controversy over coverage under the policy became, at that point, a suit by the Barons for affirmative relief from State Farm and, in our opinion, rendered moot any question of whether State Farm was or was not entitled to declaratory relief. Cf. Trainer v. City of Covington, 111 Ga. App. 425 ( 142 S.E.2d 75) (1965). If there were any doubts before the Barons filed their counterclaim that all rights had accrued in the controversy, those doubts were removed when their counterclaim was filed.

  3. Smith v. Billings

    207 S.E.2d 683 (Ga. Ct. App. 1974)   Cited 4 times
    In Smith v. Billings, 132 Ga. App. 201 (207 S.E.2d 683) (1974), this court recognized the rule we now adopt when it stated that "[i]n the absence of a motion by plaintiffs to determine the sufficiency of the answers in a hearing the trial court erred in... determining that defendants' answers were insufficient."

    This court does not have power to render advisory opinions. Trainer v. City of Covington, 111 Ga. App. 425 ( 142 S.E.2d 75). 5. All other enumerations are either rendered moot or have no merit.

  4. Richardson v. Phillips

    302 Ga. App. 305 (Ga. Ct. App. 2010)   Cited 19 times
    Holding that claim for declaratory relief was moot

    It follows that Richardson was not entitled to declaratory relief, which in this context would be nothing more than " an advisory opinion from the trial court as to which party would succeed on the merits of any claim" pertaining to the completed multi-party transaction. Skelton, 235 Ga.App. at 509, 510 S.E.2d 76. See Baker, 271 Ga. at 214-215(1), 518 S.E.2d 879; Trainer v. City of Covington, 111 Ga.App. 425, 426, 142 S.E.2d 75 (1965).           2.