Steven M. Rentz v. Dennis Bruce Rentz as

• Court: Court of Appeals of Georgia
• Decided: February 7, 2017
• Docket: A17I0129
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 07, 2017

The Court of Appeals hereby passes the following order:

A17I0129. STEVEN M. RENTZ et al. v. DENNIS BRUCE RENTZ AS EXECUTOR et al.

This is the second appearance of these parties before this Court. See Rentz v. Rentz, 339 Ga. App. 66 (793 SE2d 112) (2016). On remand, the superior court denied Steven M. Rentz et al.’s motion to dismiss and granted an interlocutory injunction.1 The grant or denial of an interlocutory injunction is directly appealable under OCGA § 5-6-34 (a) (4). See Haygood v. Tilley, 295 Ga. App. 90 n. 1 (670 SE2d 800) (2008). This Court will grant a timely application for interlocutory appeal if the order is subject to direct appeal and the applicant has not otherwise filed a timely notice of appeal. Spivey v. Hembree, 268 Ga. App. 485, 486 n. 1 (602 SE2d 246) (2004). It appears that the applicants have not filed a notice of appeal; therefore, this application is GRANTED. The applicants shall have ten days from the date of this order to file

1 Although this Court remanded the case to the superior court to consider whether to issue a temporary restraining order and the superior court’s order is styled as a “Temporary Restraining Order,” the order was issued following a hearing in which both parties appeared. The order provides that the probate court is “enjoined and restrained from conducting further proceedings . . . or enforcing” its prior order “until contrary directive” from the superior court. Where a trial court enters an injunction after a lengthy adversary hearing and grants all of the relief sought, “the trial court’s order is equivalent to an interlocutory injunction” and is subject to direct appeal. Glynn County Bd. of Tax Assessors v. Haller, 273 Ga. 649, 649-650 (2) (543 SE2d 699) (2001). Compare OCGA § 9-11-65 (b) (a temporary restraining order granted without notice “shall expire by its terms within such time after entry, not to exceed 30 days, as the court fixes . . .) (emphasis supplied). a notice of appeal in the superior court. The clerk of the superior court is directed to include a copy of this order in the record transmitted to this Court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/07/2017 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.