Willis Insurance Services of Georgia, Inc. v. Brent Hartman ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    August 20, 2018
    The Court of Appeals hereby passes the following order:
    A19D0059. WILLIS INSURANCE SERVICES OF GEORGIA, INC. et al. v.
    BRENT HARTMAN, et al.
    Plaintiffs Brent Hartman and Danielle Maxey, along with their new employer
    Alliant Insurance Service, Inc., filed a civil action against their old employer Willis
    Insurance Services of Georgia, Inc. and Willis of Tennessee, Inc. (collectively
    referred to as “Willis”). The plaintiffs raised claims for declaratory and injunctive
    relief and sought to bar Willis from enforcing the non-solicitation provisions of their
    employment agreements. After a comprehensive hearing and review of the record,
    the superior court granted injunctive relief to the plaintiffs. Although the order is
    styled as granting a “Temporary Restraining Order,” it does not include a date on
    which it will no longer be in effect. Willis then filed this application for discretionary
    appeal.
    Where, as here, a trial court enters a restraining order after a lengthy adversary
    hearing and the order grants all of the relief sought and does not expire within 30
    days, “the trial court’s order is equivalent to an interlocutory injunction.” Glynn
    County Bd. of Tax Assessors v. Haller, 
    273 Ga. 649
    , 649-650 (2) (543 SE2d 699)
    (2001). 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
    , 90 n.1 (670 SE2d
    800) (2008). This Court will grant an otherwise timely application for discretionary
    appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).
    Accordingly, this application is hereby GRANTED, and the applicants shall
    have ten days from the date of this order to file a notice of appeal with the trial court
    if they have not already done so. See OCGA § 5-6-35 (g). The clerk of the trial court
    is DIRECTED to include a copy of this order in the record transmitted to the Court
    of Appeals.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    08/20/2018
    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.
    

Document Info

Docket Number: A19D0059

Filed Date: 8/20/2018

Precedential Status: Precedential

Modified Date: 8/20/2018