#Injunction breaking hoa covenants full
#Injunction breaking hoa covenants trial

#Injunction breaking hoa covenants trial

It is not function of preliminary injunction to decide case on merits, and the possibility that the party obtaining a preliminary injunction may not win on the merits at the trial is not determinative of the propriety or validity of the trial court's granting the preliminary injunction. Preliminary injunction is, by its very nature, tentative, provisional, ad interim, impermanent, mutable, not fixed or final or conclusive. Sole purpose for granting interlocutory injunctions is to preserve status quo of the parties pending a final adjudication of the case. Purpose of interlocutory injunction is preliminary and preparatory it looks to a future final hearing, and while contemplating what the result of that hearing may be, it does not settle what it shall be. Interlocutory injunction is device to keep parties in order, and prevent one from hurting the other while their respective rights are under adjudication. Where all parties at interest are parties to the cause, and in which cause the rights of all parties might properly be finally adjudicated, jurisdiction in equity is not ousted because there may be pending an action at law in another court. Mere pendency of law action not bar to equitable jurisdiction.

#Injunction breaking hoa covenants full

If court at law has full power to grant relief, there is no ground for equity's jurisdiction. Universal test of jurisdiction to issue injunctions is absence of legal remedy by which the complainant might obtain the full relief to which the facts and circumstances entitle the complainant. It is error to grant an interlocutory injunction where the plaintiff has an adequate remedy at law. Remedy of injunction does not lie where one has complete and adequate remedy at law. Issuance of a stay of execution is equivalent to grant of interlocutory injunction, at least where a hearing with notice to parties is conducted on application for the stay. Remedy by injunction in state court is plain, speedy, and efficient remedy. Injunction will restrain any act contrary to equity and good conscience, and for which no adequate remedy at law is provided. 866, 76 S.E.2d 796 (1953).Įach case must be determined on its particular allegations, and must be decided on the nature, extent, and kind of equitable relief sought and the relationship between the parties to the action. Injunction is an extraordinary process, and the most important one which courts of equity issue being so, it should never be granted except where there is grave danger of impending injury to person or property rights, and a mere threat or bare fear of such injury is not sufficient. § 1341, so as to bar jurisdiction of the federal court. §§ 9-4-1,9-5-1,40-2-8,40-3-6,40-3-21, and48-2-59 provided plaintiff challenging automobile 'title transfer fee' with 'plain, speedy, and efficient' pre-tax and post-tax remedies by which a taxpayer might challenge the constitutional validity of a state tax, and so satisfied the criteria of the Tax Injunction Act, 18 U.S.C. JUDICIAL DECISIONSĮquity jurisdiction as it existed at common law has been enlarged by statute in this state and it is not limited to the protection of rights of property. For note, 'The Ongoing Royalty: What Remedy Should a Patent Holder Receive When a Permanent Injunction Is Denied,' see 43 Ga.

For note advocating reassessment of state authority towards injunctions in labor disputes, see 18 Mercer L. For article, 'State Court Injunctions in Labor Disputes,' see 10 Ga. For article discussing validity of ex parte injunction affecting constitutionally protected rights, see 7 Ga. For article, 'The 1967 Amendments to the Georgia Civil Practice Act and the Appellate Procedure Act,' see 3 Ga. For article advocating consistency in statutory provisions governing review of administrative conduct in Georgia, prior to the enactment of the Georgia Administrative Procedure Act, see 15 Ga. For article, 'Injunction Procedure in Georgia,' see 13 Ga.

Equity, by a writ of injunction, may restrain proceedings in another or the same court, a threatened or existing tort, or any other act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law.