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Lawskills.com Georgia Caselaw
STAPELTON et al. v. SKY VALLEY, INC.
75250.
BENHAM, Judge.
Injunction. Rabun Superior Court. Before Judge Gunter.
Appellants, property owners in the City of Sky Valley, filed suit, seeking injunctive relief, the appointment of an auditor, and an accounting. Appellants subsequently withdrew their request for injunctive relief, and the trial court denied their requests for the appointment of an auditor and for an accounting. This appeal followed.
1. The power of the trial court to appoint an auditor extends to cases at law and in equity. OCGA 9-7-2; 9-7-3. "The mere fact of [a prayer for an accounting] does not call into action the equity powers of a court. [Cits.]" Peeples v. Peeples, 193 Ga. 358 (2) (18 SE2d 629) (1942). There being no showing that a remedy at law would be inadequate if an accounting were had, appellate jurisdiction lies in this court. Id.; Universal Garage Co. v. Fowler, 184 Ga. 604 (192 SE 299) (1937).
Richard D. Tunkle, for appellee.
John M. Brown, for appellants.
DECIDED NOVEMBER 9, 1987.
Thursday May 21 14:21 EDT


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