Worley v. Southernaire Corporation

Full title: WORLEY et al. v. SOUTHERNAIRE CORPORATION

Court: Supreme Court of Georgia

Date published: Apr 13, 1973

197 S.E.2d 729 (Ga. 1973)

197 S.E.2d 729

Opinion

27797.

ARGUED MARCH 12, 1973.

DECIDED APRIL 13, 1973.

Injunction. Elbert Superior Court. Before Judge Williford.

Heard, Leverett Adams, E. Freeman Leverett, for appellants.

Lavender Cunningham, Woodrow W. Lavender, Fred F. Cunningham, for appellee.

NICHOLS, Justice.

This is a companion appeal involving the same litigation as Southernaire Corp. v. Worley, 230 Ga. 486. After summary judgment was granted the defendants, such judgment was stayed for a period of sixty days. After the notice of appeal had been filed, the plaintiffs sought and obtained from the trial court a supersedeas during appeal. The defendants appealed and the sole enumeration of error complains of the grant of supersedeas after the notice of appeal was filed. Held:

1. While in a civil action the trial court loses jurisdiction upon the filing of a notice of appeal ( Aetna Cas. c. Co. v. Bullington, 227 Ga. 485 (1) ( 181 S.E.2d 495)), yet in an injunction case the trial court is empowered to suspend or modify the injunction after a notice of appeal is filed ( Stephens v. Geise, 226 Ga. 639 ( 176 S.E.2d 923)), and the grant of the supersedeas in the present case shows no error.

Judgment affirmed. All the Justices concur.

NICHOLS, Justice.

ARGUED MARCH 12, 1973 — DECIDED APRIL 13, 1973.