SUBMITTED SEPTEMBER 19, 1980.
DECIDED OCTOBER 8, 1980.
Equity. Baldwin Superior Court. Before Judge Duke.
Odell P. Pope, pro se. Arthur K. Bolton, Attorney General, for appellees.
Where suit is filed seeking equitable relief and such relief is not available for some reason applicable to suits in equity, the case should not be dismissed if it can be maintained against one or more named defendants as a suit at law. Sikes v. Sikes, 233 Ga. 97 ( 209 S.E.2d 641) (1974); Burnham v. Lynn, 235 Ga. 207 ( 219 S.E.2d 111) (1975); Kirk v. First Ga. Investment Corp., 239 Ga. 171, 174 ( 236 S.E.2d 254) (1977); Cochran v. Teasley, 239 Ga. 289 (4) (5) ( 236 S.E.2d 635) (1977); Code Ann. §§ 81A-101, 81A-102. Thus, petitioner's suit for injunctive relief should not have been dismissed due to mootness where it could have been maintained against a named defendant as a suit at law.
Judgment reversed. All the Justices concur.