From Casetext: Smarter Legal Research

Georgia Dept. of Agriculture v. Georgia Crown Distrib

Supreme Court of Georgia
Feb 18, 1993
262 Ga. 761 (Ga. 1993)

Opinion

S93A0178.

DECIDED FEBRUARY 18, 1993.

Equity. Muscogee Superior Court. Before Judge Smith.

Michael J. Bowers, Attorney General, Robert S. Bomar, Sr., Senior Assistant Attorney General, Alan Gantzhorn, Assistant Attorney General, Kevin Wangerin, Staff Attorney, for appellant.

Chilivis Grindler, Nickolas P. Chilivis, John K. Larkins, Jr., Hatcher, Stubbs, Land, Hollis Rothschild, James E. Humes II, John M. Tanzine III, for appellees.


The State Department of Agriculture appeals from the grant of an interlocutory injunction enjoining the state from interfering with the marketing and advertising of Poland Spring Corporation's bottled spring water. We affirm.

A trial court has the discretion to grant an interlocutory injunction to preserve the status quo and balance the conveniences of the parties pending final adjudication. Jackson v. Delk, 257 Ga. 541, 544 ( 361 S.E.2d 370) (1987). This court will not disturb that discretion unless it is abused or there is no evidence to support the ruling. Kennedy v. W. M. Sheppard Lumber Co., 261 Ga. 145, 146 ( 401 S.E.2d 515) (1991).

The trial court granted the injunction based on its findings that Poland Spring would suffer irreparable injury if the injunction were denied, Poland Spring's water had been sold in the state for ten years, and the state had granted the company a thirty-day extension to continue marketing the product while trying to prove compliance with state regulations. In addition, Poland Spring presented the affidavits of experts who stated that its product satisfies the state's regulations for spring water and that proposed studies will show the water satisfies the state's criteria. Based on the trial court's findings and the evidence presented, the trial court did not abuse its discretion in granting the interlocutory injunction.

Judgment affirmed. Hunt, P. J., Benham, Sears-Collins, Hunstein, JJ., and Judge George H. Bryant concur; Clarke, C. J., not participating.


DECIDED FEBRUARY 18, 1993.


Summaries of

Georgia Dept. of Agriculture v. Georgia Crown Distrib

Supreme Court of Georgia
Feb 18, 1993
262 Ga. 761 (Ga. 1993)
Case details for

Georgia Dept. of Agriculture v. Georgia Crown Distrib

Case Details

Full title:GEORGIA DEPARTMENT OF AGRICULTURE v. GEORGIA CROWN DISTRIBUTING COMPANY et…

Court:Supreme Court of Georgia

Date published: Feb 18, 1993

Citations

262 Ga. 761 (Ga. 1993)
425 S.E.2d 876

Citing Cases

Rife v. Corbett

Kennedy v. W. M. Sheppard Lumber Co., 261 Ga. 145, 146 ( 401 S.E.2d 515) (1991).Ga. Dept. of Agriculture v.…

Miami Valley, Etc. v. Southern Orchard

[Cit.]" Ga. Dept. of Agriculture v. Ga. Crown Distrib. Co., 262 Ga. 761 ( 425 S.E.2d 876) (1993); OCGA §…