Dennis v. City of Palmetto

Supreme Court of Georgia

Dennis v. City of Palmetto

178 S.E.2d 161, 226 Ga. 853, 1970 Ga. LEXIS 712

CourtSupreme Court of Georgia

DecidedNovember 5, 1970

Docket25955

StatusPublished

Cited by8 cases

This text of 178 S.E.2d 161 (Dennis v. City of Palmetto) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dennis v. City of Palmetto, 178 S.E.2d 161, 226 Ga. 853, 1970 Ga. LEXIS 712 (Ga. 1970).

Pincite

Opinion

Hawes, Justice.

This is an injunction case in which the plaintiff sought to enjoin the erection of a water storage tank on a described tract of land located in Fulton County outside the City of Palmetto. The court denied a temporary injunction and the plaintiff appealed but did not secure an order of supersedeas as required by the provisions of § 62 of the Appellate Practice Act (Ga. L. 1966, pp. 609, 664; Ga. L. 1967, pp. 226, 239; Code Ann. § 81A-162). Pending the appeal, counsel for appellee has suggested in his brief that the question presented by the appeal is moot because the water tank, the construction of which was sought to be *854 enjoined, “is fully and completely constructed, painted, in service and has water in it.” Counsel for the appellant was requested to respond to this suggestion of mootness and in his response does not deny the factual statement of the appellee but merely seeks to distinguish the cases which were cited by counsel for the appellee in support of his contention that the case is moot. We do not deem this response sufficient to prevent the dismissal of the case on the ground of mootness. Under the principles set forth in the opinion of this court in the case of Howard v. Smith, 226 Ga. 850, the question is moot and the appeal here must be dismissed.

Submitted Judy 15, 1970 Decided November 5, 1970. Scott Walters, Jr., for appellant. J. Clifford Johnson, for appellee.

Appeal dismissed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Hawes, Justice.

This is an injunction case in which the plaintiff sought to enjoin the erection of a water storage tank on a described tract of land located in Fulton County outside the City of Palmetto. The court denied a temporary injunction and the plaintiff appealed but did not secure an order of supersedeas as required by the provisions of § 62 of the Appellate Practice Act (Ga. L. 1966, pp. 609, 664; Ga. L. 1967, pp. 226, 239; Code Ann. § 81A-162). Pending the appeal, counsel for appellee has suggested in his brief that the question presented by the appeal is moot because the water tank, the construction of which was sought to be *854 enjoined, “is fully and completely constructed, painted, in service and has water in it.” Counsel for the appellant was requested to respond to this suggestion of mootness and in his response does not deny the factual statement of the appellee but merely seeks to distinguish the cases which were cited by counsel for the appellee in support of his contention that the case is moot. We do not deem this response sufficient to prevent the dismissal of the case on the ground of mootness. Under the principles set forth in the opinion of this court in the case of Howard v. Smith, 226 Ga. 850, the question is moot and the appeal here must be dismissed.

Submitted Judy 15, 1970 Decided November 5, 1970. Scott Walters, Jr., for appellant. J. Clifford Johnson, for appellee.

Appeal dismissed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

178 S.E.2d 161, 226 Ga. 853, 1970 Ga. LEXIS 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-v-city-of-palmetto-ga-1970.

Opinion

Related

Cite This Page — Counsel Stack