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Lawskills.com Georgia Caselaw
WORLEY et al. v. SOUTHERNAIRE CORPORATION.
27797.
NICHOLS, Justice.
Injunction. Elbert Superior Court. Before Judge Williford.
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 SE2d 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 SE2d 923)), and the grant of the supersedeas in the present case shows no error.
Lavender & Cunningham, Woodrow W. Lavender, Fred F. Cunningham, for appellee.
Heard, Leverett & Adams, E. Freeman Leverett, for appellants.
ARGUED MARCH 12, 1973 -- DECIDED APRIL 13, 1973.
Saturday October 11 23:40 CDT


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