Legal Opinion · Dissent

American Management Services East, LLC v. Fort Benning Family Communities, LLC

Court of Appeals of Georgia

Decided December 1, 2011No. A11A0855Published

1DissentBlackwell, Judge

Based on a finding that this case and the Virginia lawsuit present “[t]he same issues,” the court below enjoined Pinnacle3 from continuing to prosecute any aspect of the Virginia lawsuit. That, I think, was an abuse of discretion because, although the two lawsuits may present some of the same issues, not all the issues are the same, and the court below, apparently not appreciating the distinct issues presented in the Virginia lawsuit, failed to consider whether its injunction ought to sweep less broadly and whether Pinnacle ought to be permitted to continue to prosecute at least some of its…

2Cases cited5 opinions

  1. Allen v. Hub Cap Heaven, Inc.Court of Appeals of Georgia · 1997
  2. Mathis v. BellSouth Telecommunications, Inc.Court of Appeals of Georgia · 2010
  3. Ambursen Hydraulic Construction Co. v. Northern Contracting Co.Supreme Court of Georgia · 1913
  4. Glisson v. Global Security Services, LLCCourt of Appeals of Georgia · 2007
  5. American Medical Security, Inc. v. ParkerSupreme Court of Georgia · 2005

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API