Nashville Restaurant Management, LLC v. Gwinnett County, 288 Ga. 664

Summary

The Supreme Court of Georgia held that the trial court violated the Civil Practice Act by imposing remedial obligations on Nashville Restaurant Management on the same day it added the company as a party, without notice or an opportunity for a hearing. The court reversed the emergency order and did not reach whether the County had an adequate remedy at law.

Holdings

1. The trial court violated the Civil Practice Act by imposing obligations relating to equitable relief on Nashville Restaurant Management on the same day it was added as a party and without providing notice and an opportunity for a hearing.
2. The emergency order constituted an injunction and was directly appealable.

Questions Presented

1. Whether the trial court violated the Civil Practice Act by imposing equitable remediation obligations and costs on Nashville Restaurant Management on the same day it was added as a party, without notice and an opportunity for a hearing.
2. Whether the emergency order was an injunction subject to direct appeal.

Disposition

reversed