Summary
The Supreme Court of Georgia dismissed as moot an interlocutory appeal concerning a temporary injunction that closed a store allegedly selling obscene materials. The court held that expiration of the store's business license eliminated the possibility of the requested relief and that the appeal did not present an issue capable of repetition yet evading review. Justice Carley dissented, arguing that the short license period and potential effects on future licensing warranted reaching the merits.
Holdings
- The appeal became moot when the business license expired because appellants could no longer obtain the requested relief of reopening the store.
- The exception did not apply because appellants failed to show that the challenged issue was incapable of receiving appellate review before the license expired.
Questions Presented
- Whether the appeal from the interlocutory injunction became moot when the appellants' business license expired.
- Whether the appeal fell within the exception for issues capable of repetition yet evading review.
Disposition
dismissed
Cases Cited (11)
- Chastain v. Baker, 255 Ga. 432, 339 S.E.2d 241 (1986)(followed)
- Members of Bd. of Comm'rs of Whitfield County v. Golden Gallon, Inc., 244 Ga. 209, 259 S.E.2d 463 (1979)(followed)
- Cook v. Harris, 209 Ga. 425, 73 S.E.2d 89 (1952)(followed)
- Cravey v. Bankers Life & Cas. Co., 209 Ga. 273, 71 S.E.2d 659 (1952)(followed)
- Exley v. Blackmon, 129 Ga. App. 598, 200 S.E.2d 334 (1973)(followed)
- Collins v. Lombard Corp., 270 Ga. 120, 508 S.E.2d 653 (1998)(followed)
- Penthouse Int'l v. McAuliffe, 454 F. Supp. 289 (N.D. Ga. 1978)(distinguished)
- Brown v. Spann, 271 Ga. 495, 520 S.E.2d 909 (1999)(not otherwise treated)
- Jackson v. Bibb County School Dist., 271 Ga. 18, 515 S.E.2d 151 (1999)(not otherwise treated)
- Howell v. Fears, 275 Ga. 627, 571 S.E.2d 392 (2002)(not otherwise treated)
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