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City of Atlanta v. Royal Peacock Social Club, Inc.

Citations: 119 Ga. App. 648; 1969 Ga. App. LEXIS 1197; 168 S.E.2d 335Docket: 44409, 44430

Court: Court of Appeals of Georgia; May 9, 1969; Georgia; State Appellate Court

Narrative Opinion Summary

A complaint filed by a corporate operator challenging the constitutionality of a municipality's license ordinance qualifies as an equity case under Article VI, Section II, Paragraph IV, which defines the Supreme Court's jurisdiction. Consequently, the Supreme Court holds jurisdiction over appeals related to (a) the granting of a general summary judgment in favor of the plaintiff and (b) the denial of a defendant's motion for summary judgment. Therefore, it is ordered that these cases be transferred to the Supreme Court, with concurrence from Felton, C. J. and Quillian, J.

Legal Issues Addressed

Jurisdiction of the Supreme Court under Article VI, Section II, Paragraph IV

Application: The Supreme Court has jurisdiction over cases involving challenges to the constitutionality of a municipal ordinance, as this qualifies as an equity case.

Reasoning: A complaint filed by a corporate operator challenging the constitutionality of a municipality's license ordinance qualifies as an equity case under Article VI, Section II, Paragraph IV, which defines the Supreme Court's jurisdiction.

Transfer of Cases to the Supreme Court

Application: In cases where the Supreme Court holds jurisdiction, such as the granting or denial of summary judgments in equity cases, the cases must be transferred to the Supreme Court.

Reasoning: Consequently, the Supreme Court holds jurisdiction over appeals related to (a) the granting of a general summary judgment in favor of the plaintiff and (b) the denial of a defendant's motion for summary judgment. Therefore, it is ordered that these cases be transferred to the Supreme Court.