Baranan v. Georgia State Board of Nursing Home Administrators
Cases that cite this one
8 later published cases cite this decision.
- Beauchamp v. Knight (Ga. 1991)
- Zepp v. Mayor & Council of the City of Athens (Ga. 1986)
- Krystal Co. v. Carter (Ga. 1986)
- Ayers v. Mobley (Ga. 1982)
- Peoples Bank v. Austin (Ga. Ct. App. 1981)
- PACE CONSTRUCTION CORPORATION v. Houdaille-Duval-Wright Division, Houdaille Industries, Inc. (Ga. 1980)
- Baranan v. State Board of Nursing Home Administrators (Ga. Ct. App. 1977)
- Bowery Savings Bank v. DeKalb County (Ga. 1977)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appellant filed a suit for declaratory judgment against the Georgia State Board of Nursing Home Administrators and James C. Metts, individually and as chairman of the board. The petition seeks to declare that *123 certain portions of Ch. 393-5, amended of the rules of the Georgia State Board of Nursing Home Administrators are unconstitutional and void. Based upon such a declaration, he also seeks a permanent injunction. The trial court found the rules to be constitutional, granted the defendants’ motions for summary judgment, and denied appellant’s motion for summary judgment. This order is appealed.
The only substantive issue on appeal relates to the constitutionality of the above rules; therefore, the appeal is transferred to the Court of Appeals. The issue of any permanent injunction is ancillary to the declaratory relief, i.e., if the declaration is for the plaintiff, the injunction will issue, if it is against the plaintiff, it will be denied. It is clear therefore that the injunction issue is one of mere form and that the substantive question on appeal is a legal question over which the Court of Appeals has appellate jurisdiction.
Transferred to the Court of Appeals.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.