Jones v. Peach Trader, Inc.
This appeal arose from an order modifying an existing interlocutory injunction. In December 2016, appellee Peach Trader Inc., d/b/a A City Discount and A City Discount, Inc. (“Peach Trader”), filed a complaint against appellants Jeffery and Sharon Jones, a married couple, alleging that Mr. Jones used his position as an employee to embezzle or misappropriate over $1 million from Peach Trader and take advantage of business opportunities for personal gain to the detriment of his employer. Along with its complaint, Peach Trader sought a temporary restraining order against the Joneses, and the order was granted. The Joneses then filed a motion to dissolve the order. The trial court later entered an order granting an interlocutory injunction against the Joneses that prohibited them from selling, transferring, altering, encumbering, or otherwise disposing of any assets within their custody, control, or possession. The Joneses did not attempt to appeal the order. Six months later, in July, the Joneses filed a second motion to dissolve the interlocutory injunction. During a hearing on several outstanding issues, Peach Trader’s counsel consented to certain accounts being removed from the purview of the interlocutory injunction. In line with an agreement between the parties, the trial court entered an order denying the Joneses’ motion to dissolve the interlocutory injunction but granting the motion to modify the injunction by removing the restrictions on at least one of the Joneses’ accounts. The Joneses timely filed an application for discretionary appeal with the Georgia Supreme Court seeking review of the trial court’s orders dismissing their notices of appeal. The Supreme Court vacated the trial court’s order dismissing appellant’s initial notice of appeal because Georgia law vests appellate courts with the sole authority to determine if a decision or judgment is appealable. “But that is not the end of the matter. Because an order modifying an interlocutory injunction is not subject to direct appeal under OCGA 5-6-34 (a) (4), we dismiss the appeal.” View "Jones v. Peach Trader, Inc." on Justia Law
