297 Ga. 94
Ga.2015Background
- McHugh Fuller advertised in The Toccoa Record alleging government deficiencies at Heritage Healthcare of Toccoa (PruittHealth facility).
- PruittHealth filed a UDTPA injunction action seeking temporary and permanent relief and obtained a TRO ex parte.
- At a May 13, 2014 hearing, the trial court found the ad deceptive and granted permanent injunctive relief and ordered removal of the ad postings.
- McHugh Fuller filed motions to amend/reconsider; the court did not rule on them; appeal followed.
- Appellate-designation dispute arose when PruittHealth sought to exclude post-June 2, 2014 filings; the trial court held such filings should be omitted; appeals were consolidated.
- The Georgia Supreme Court vacated the permanent injunction, reversed the appellate-record exclusion, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Permanent injunction after interlocutory hearing without clear notice | McHugh Fuller lacked notice that merits would be ruled on. | PruittHealth argues acquiescence possible or notice given. | Reversed; permanent injunction vacated. |
| Appellate record omission of post-June 2, 2014 filings | Record should include all filings; designation rules favor completeness. | Record should exclude items not before the court at time of ruling. | Reversed; remand for proper record designation. |
Key Cases Cited
- Smith v. Guest Pond, Inc., 277 Ga. 143 (Ga. 2003) (notice required for permanent relief after TRO; improper without notice)
- Georgia Kraft Co. v. Rhodes, 257 Ga. 469 (Ga. 1987) (consolidation limited by due process; notice required)
- Wang v. Liu, 292 Ga. 568 (Ga. 2013) (vacating permanent injunction for lack of notice to consider merits)
- Mosley v. HPSC, Inc., 267 Ga. 351 (Ga. 1996) (vacating denial of permanent injunction due to lack of notice)
- Regency Club v. Stuckey, 253 Ga. 583 (Ga. 1984) (due process limits on consolidation of merits with interlocutory hearing)