Tasco Industries, Inc. v. Fibers & Fabrics of Georgia

I dissent for two reasons. In the first place, our holding in Pace Const. Corp. v. Houdaille Indus. Inc., 155 Ga. App. 923 (1) (274 SE2d 44) (1980) has been tacitly affirmed by the Supreme Court. We *594originally transferred the case there for consideration under its equity jurisdiction, and the Supreme Court transferred it back to us, holding that “even if for purposes of the right of appeal, a stay pending arbitration is legally equivalent to an interlocutory injunction, the present appeal would not constitute an ‘equity case’ so as to vest this court with appellate jurisdiction.” Pace Const.…