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Pennsylvania Poorboy, Inc. v. Robbins Restaurant

Supreme Court of Georgia
Mar 10, 1977
233 S.E.2d 791 (Ga. 1977)

Opinion

31986.

SUBMITTED FEBRUARY 4, 1977.

DECIDED MARCH 10, 1977.

Temporary restraining order. Cobb Superior Court. Before Judge Bullard.

Noble Miller, Jr., Kennith Ott, for appellant.

Parker, Johnson Cook, Terrill A. Parker, G. Donald Johnson, Charles L. Newton, II, for appellee.


This appeal is from a judgment and order of the Superior Court of Cobb County dissolving a temporary restraining order which it had previously entered. The order appealed from is an appealable judgment because a hearing was held on the merits of the dissolution by the trial court; the dissolution was not automatic. This was the equivalent of the denial of an interlocutory injunction. See Code Ann. § 6-701 (a) 3; Clements v. Kushinka, 233 Ga. 273 ( 210 S.E.2d 804) (1974); Howard v. Smith, 226 Ga. 850 ( 178 S.E.2d 159) (1970).

"The granting and continuing of injunctions shall always rest in the sound discretion of the judge, according to the circumstances of each case. The power shall be prudently and cautiously exercised, and except in clear and urgent cases should not be resorted to." Code Ann. § 55-108. It is well settled that the discretion of a trial judge in granting or denying interlocutory injunctive relief will not be interfered with in the absence of a showing of manifest abuse. Pendley v. Lake Harbin Civic Assn., 230 Ga. 631, 636 ( 198 S.E.2d 503) (1973).

There being no transcript of the hearing on the motion to dismiss the temporary restraining order, we have only the court's record of the pleadings and the orders entered by the trial court to review. Thus, we must presume the evidence considered by the trial court supports the ruling made. It cannot be said that the trial court abused its discretion in dissolving the temporary restraining order. Cf. McLendon v. McLendon, 237 Ga. 870 ( 230 S.E.2d 305) (1976); Darsey v. Darsey, 232 Ga. 381, 383 ( 207 S.E.2d 22) (1974).

Judgment affirmed. All the Justices concur.


SUBMITTED FEBRUARY 4, 1977 — DECIDED MARCH 10, 1977.


Summaries of

Pennsylvania Poorboy, Inc. v. Robbins Restaurant

Supreme Court of Georgia
Mar 10, 1977
233 S.E.2d 791 (Ga. 1977)
Case details for

Pennsylvania Poorboy, Inc. v. Robbins Restaurant

Case Details

Full title:PENNSYLVANIA POORBOY, INC. v. ROBBINS RESTAURANT, INC

Court:Supreme Court of Georgia

Date published: Mar 10, 1977

Citations

233 S.E.2d 791 (Ga. 1977)
233 S.E.2d 791

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