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Computone Corp. v. Branch, Pike & Ganz
Citations: 264 Ga. 844; 452 S.E.2d 114; 95 Fulton County D. Rep. 254; 1995 Ga. LEXIS 26Docket: S94A1618
Court: Supreme Court of Georgia; January 23, 1995; Georgia; State Supreme Court
Appellee sued appellant in the Superior Court of Fulton County for legal fees related to appellee's representation of appellant. In response, appellant filed a legal malpractice suit against appellee in Pennsylvania, which appellee removed to federal court. Subsequently, the Georgia superior court issued an injunction preventing appellant from continuing the Pennsylvania litigation. The federal court, citing a lack of subject matter jurisdiction, remanded the case back to Pennsylvania state courts. Appellant appealed the injunction, primarily arguing that it violated the Supremacy Clause of the U.S. Constitution. However, since the Pennsylvania case was no longer pending in federal court, this argument was deemed moot. Appellant also contended that the Georgia superior court abused its discretion in issuing the injunction. Nonetheless, the injunction specifically restrained only actions in federal court, allowing appellant to proceed in Pennsylvania state court. As such, there was no active injunction affecting appellant's rights, rendering the issue of discretion moot as well. The appeal was dismissed as all issues were found moot, in accordance with OCGA § 5-6-48(b).