231 Ga. 536 | Ga. | 1973
This appeal arises from the grant of an interlocutory injunction by the Superior Court of Fulton County on July 20, 1973. The injunction prohibits the appellant "from taking any action to seize, attach or otherwise interfere with the inventory of Oriental Imports, Inc., located at 55 Alabama Street, Atlanta, Georgia.” Appellant seeks a reversal of the trial court’s grant of injunctive relief on the ground there was an adequate remedy at law available to appellee and it was error to grant equitable relief.
The events preceding the grant of the injunction by the trial court were these: the appellant filed a suit in the Civil Court of Fulton County on an open account against Gwendolyn Claytor and
Appellee has filed a motion to dismiss this appeal upon two grounds: (1) that any claim which appellant had (by virtue of the attachment) to the items of personalty involved in the injunction case is gone because appellant has never filed its declaration in attachment as required by law; and (2) these particular items of personalty are no longer in possession of Oriental Imports, Inc., or any entity owned or controlled by Gwendolyn Claytor since they have been repossessed by appellee under its security interest agreements. Appellee’s contentions are supported by affidavit of counsel and an exhibit attached to the motion to dismiss and no response has been made thereto in this court.
It thus appears that, if the appellant were successful in obtaining a reversal of the trial court’s grant of an interlocutory injunction, permitting appellant to go forward with its levy, it would be a hollow victory since these goods are not in possession of the attachment debtor and any levy on these goods under appellant’s attachment would be fruitless. Since the items of personalty against which appellee sought to prevent levy have been repossessed by it and are no longer in the attachment debtor’s possession, it is unnecessary to decide the validity of appellant’s
Appeal dismissed.