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Shooter Alley, Inc. v. City of Doraville, Georgia
Citation: Not availableDocket: A16D0429
Court: Court of Appeals of Georgia; July 18, 2016; Georgia; State Appellate Court
Original Court Document: View Document
Shooter Alley, Inc. sought discretionary review of a May 20, 2016, order that found the company in civil and criminal contempt regarding an injunctive order and mandated the payment of attorney fees under OCGA § 9-15-14. The Court of Appeals determined that a discretionary application was unnecessary, as judgments of contempt are directly appealable under OCGA § 5-6-34 (a)(2). Although an award of attorney fees typically requires a discretionary application, it was permissible to appeal it alongside the contempt ruling in this instance. The Court referenced relevant case law, including In re Booker, Stancil v. Gwinnett County, and Haggard v. Board of Regents, to support its conclusion. Consequently, the application was granted, allowing Shooter Alley ten days from the order's date to file a notice of appeal with the trial court. If Shooter Alley had already filed a notice of appeal regarding the issue, no additional filing was necessary. The trial court clerk was instructed to include this order in the record sent to the Court of Appeals.