Abel & Sons Concrete, LLC v. Juhnke, 295 Ga. 150

Ramirez, a Tri-State employee, entered an agreement with Joyce Juhnke to continue Tri-State and repay purchase of the business and equipment after owner DuWayne Juhnke’s death.
Ramirez later formed Abel & Sons Concrete, LLC and used Tri-State’s equipment without paying for it.
Appellees sued Ramirez, Abel & Sons, and Dollar Concrete Construction for conversion, unjust enrichment, and breach; no injunctive relief sought initially.
In 2013, cross-motions for summary judgment were denied; the trial court issued an interlocutory injunction directing equipment be moved, not yet owned by Dollar, with shared storage costs, and restricting use.
Appellants did not attend the June 6 hearing; the order granting equitable relief was issued without proper notice to them; the case was remanded with instructions to provide proper notice and an evidentiary hearing if a new injunction is needed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Were Appellants given proper notice before the interlocutory injunction?	Appellees contend notice satisfied via summary-judgment hearing.	Appellants claim no notice that injunction could follow the hearing.	No proper notice; injunction vacated.
Did the trial court abuse its discretion by issuing equitable relief without clear ownership proceedings?	Ownership dispute existed, but no equitable relief was raised in filings.	Court could issue injunction if necessary to preserve property.	Abuse of discretion; remand with notice and hearing if needed.

Smith v. Guest Pond Club, Inc., 277 Ga. 143 (Ga. 2003) (fair warning required for interlocutory relief)
Consortium Mgmt. Co. v. Mutual America Corp., 246 Ga. 346 (Ga. 1980) (notice may be established by hearing participation)