Lee v. Green Land Co., Inc.

I respectfully dissent.

The first maxim of equity is that equity follows the law. Dolinger v. Driver, 269 Ga. 141, 143 (4) (498 SE2d 252) (1998). Thus, every equity case will of necessity turn on legal issues; and, with that in mind, it could be argued that every equity case must be transferred to the Court of Appeals. Of course, that argument cannot withstand scrutiny. It is only where equitable issues are ancillary to legal issues that a case belongs in the Court of Appeals. Redfearn v. Huntcliff Homes Assn., 271 Ga. 745 (524 SE2d 464) (1999).

In Redfearn, this Court transferred a restrictive…